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Termination of the Lease of an Apartment by Notice
Krtička, Daniel ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Termination of the Lease of an Apartment by Notice Abstract The thesis deals with the issue of the notice of lease of an apartment as one of the traditional institutes of lease law. Notice of lease of an apartment is primarily regulated in the Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "CC"), in the special provisions on the lease of an apartment and a house in the section regulating the termination of the lease (Sections 2286 to 2291 CC). Secondarily, however, it is also necessary to rely on other special provisions on the lease of an apartment and a house (e.g. in the case of an inherited lease according to Section 2283 CC) or general provisions on lease (e.g. in the case of notice of lease due to the unusability of the thing for the agreed or usual purpose according to Section 2227 CC). The regulation of the termination of the lease of a cooperative apartment was excluded by the legislator from the Civil Code, as it is contained in the Act No. 90/2012 Coll., on Commercial Companies and Cooperatives (Business Corporations Act). The subject of the thesis is to give a comprehensive overview (including the current judicial decisions) of the legal regulation of the notice of lease of an apartment, both in Czech and German law. The thesis also deals with the issues that may be...
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Apartment lease termination in terms of substantive and procedural law
Sobotková, Žaneta ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Apartment lease termination in terms of substantive and procedural law Abstract The diploma thesis is focused on particular reasons of the apartment lease termination, according to the Civil Code no. 89/2012 coll. and act no. 90/2012 coll., corporate law. The legal regulation in the civil code no. 89/2012 coll. is not comprehensive, and therefore this thesis deals with the reasons that are set out in both the special provisions on the apartment lease termination the termination of an apartment and a house, as well as the reasons arising from the general provision on the lease and termination of obligations. The thesis consists of an introduction, seven chapters and a conclusion. It is based on valid legal regulations, case law, professional literature and other sources. The first chapter outlines the historical development of the institute of renting an apartment and its demise. The basic law became the General Civil Code, which applied in the territory of the Czech republic on the basis of the Reception Act of 1918. The discontinuity with the previous legislation occurred in 1948 after the Communist Party took over political power. Then the Civil Code No. 141/1950 Coll. and the Civil Code No. 40/1964 Coll. were adopted. The second chapter discusses the institute of tenancy, lease agreement and the concept...
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Termination of flat lease
Jaša, Jaromír ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
This thesis deals with termination of flat lease. The main aim of this thesis was to focus on particular ways by which lease of flat terminates. Significant part of the thesis is devoted to termination of flat lease by notice, which is relatively in detail defined on Act. No. 40/1964 Col., the Civil Code. The Supreme court's decisions are published in the thesis very often, because these decisions take irretrievable place in the field of termination of flat lease. The thesis contains also short discourse about several questions concerning termination of flat lease.
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Apartment lease termination
Vacek, Aleš ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The diploma thesis is focused on the apartment lease termination. The goal of the thesis is to analyse legislation of the ways of apartment lease termination which are the most important in practice. Specifically it includes an agreement, an expiry of the period, a notice and a death of a lessee. Another goal of the thesis is to identify and aim at shortcomings of the current legislation and also to propose their suitable solutions. The thesis consists of introduction, three parts and conclusion. It draws information from legal regulations, legal literature, case law and other. The first part of the thesis deals with general characteristics of apartment lease and its termination. The legislation, basic features of apartment lease and its termination are described there and also the classification of the ways of apartment lease termination is done there. The second part of the thesis describes the ways of apartment lease termination except notice. At first the attention is concentrated on an agreement about apartment lease termination, mainly its form and consequences followed from a breach of the form. Then the thesis is focused on apartment lease termination by expiry of the period and also on renewal of lease which relates to it. Subsequently problems of a death of the lessee and the passage of...
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Comparison of apartment lease termination in Czech and German law
Kutková, Petra ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The purpose of the thesis is to compare the Czech and the German regulation of the apartment lease termination. The thesis considers the current Czech and German legal provisions, but also the coming Czech legislation. The thesis is composed of four chapters. Chapter one is introductory and deals with the terminology used in the thesis. Chapter two focuses on the apartment lease termination and divides it into two different types - absolute and relative. Chapter three describes and compares the most important grounds of absolute apartment lease termination, by which the notice is the most dominant. Chapter four deals with two different types of relative apartment lease termination causing changes either on the side of the lessee or the side of the lessor. The thesis leads to the conclusion that the Czech legislator searched inspiration for new Czech legal rules concerning apartment lease termination within the German regulation and this seems to be a good choice.
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Termination of the lease of a flat
Kutková, Petra ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The aim of the thesis is to analyse different kinds of apartment lease termination. The reason for choosing this subject was common occurrence of this institute in a real life. In my opinion this thesis could be interesting not only for lawyers, but for the common people as well. The thesis is composed of five chapters. Chapter One is introductory and defines basic terminology used in the thesis: apartment, accessories of the apartment, apartment lease and lease contract. Chapter Two focuses on the apartment lease termination. It divides the termination in two different types - absolute and relative apartment lease termination. Chapter Three concentrates on absolute apartment lease termination. The most important kinds of absolute apartment lease termination are described there. The notice made by the lessor dominates among these kinds. The chapter Four analyzes different types of relative apartment lease termination. It deals with various changes either on the side of the leasee or the side of the lessor. The exchange of the apartment is mentioned in this chapter as well. The chapter Five looks at special kinds of apartment and consists of two parts according to these kinds - cooperative apartments and apartments for handicapped people. Different ways of apartment lease termination, which come on...
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The legal reasons for termination of apartment lease
Vajnerová, Markéta ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
The legal reasons for terminations of apartment lease Abstract The work is focused on the analysis of a fragment of residential lease law as the institute of the civil law, specifically on the legislation of reasons for terminations of apartment lease according to the Act. No. 89/2012 Coll. More than fifth of the population of Czech Republic uses the apartment on the basis of a lease agreement, and therefore this area is interesting not only from the theoretical point of view, but also of the point of view of its use in practise. This work aims to present the complex issues of reasons for terminations of apartment lease by a thorough examination of current legislation and the use of linguistic, systematic and logical methods of interpretation and to evaluate its use in practical life. In interpretation of individual provisions of the Act, professional legal literature and related case law are also used, which, however, is not extensive due to the relatively short period of validity of the valid legal regulation. Therefore, in these cases, if it is possible, the analogy of previous legislation and related case law is used. The work itself is divided into seven parts. The first part deals with a description of the legal regulation development of the lease apartment throughout the history, the issue of the...
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Comparison of apartment lease termination in Czech and German law
Kutková, Petra ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The purpose of the thesis is to compare the Czech and the German regulation of the apartment lease termination. The thesis considers the current Czech and German legal provisions, but also the coming Czech legislation. The thesis is composed of four chapters. Chapter one is introductory and deals with the terminology used in the thesis. Chapter two focuses on the apartment lease termination and divides it into two different types - absolute and relative. Chapter three describes and compares the most important grounds of absolute apartment lease termination, by which the notice is the most dominant. Chapter four deals with two different types of relative apartment lease termination causing changes either on the side of the lessee or the side of the lessor. The thesis leads to the conclusion that the Czech legislator searched inspiration for new Czech legal rules concerning apartment lease termination within the German regulation and this seems to be a good choice.
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Termination of a residential lease
Roman, Štěpán ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
This thesis is concerned with particular ways in which a lease of apartment can end according to new Civil Code no. 89/2012 col. and act no. 90/2012 col., new corporate law, and a comparison with previous legislation. At the outset the paper briefly introduces historical evolution and end of appartment rental institution from the Civil Code of 1811 to the present. The basic terms such as apartment and contract of lease are defined in the next part. The main text is concerned with the ways of ending a contract, predominantly the institution of eviction. The thesis also examines some related questions, such as handing off apartments or plurality of subjects either among tenants or among landlords. The paper concludes with evaluation of changes the new civic law brought about.
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Apartment lease termination
Vacek, Aleš ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The diploma thesis is focused on the apartment lease termination. The goal of the thesis is to analyse legislation of the ways of apartment lease termination which are the most important in practice. Specifically it includes an agreement, an expiry of the period, a notice and a death of a lessee. Another goal of the thesis is to identify and aim at shortcomings of the current legislation and also to propose their suitable solutions. The thesis consists of introduction, three parts and conclusion. It draws information from legal regulations, legal literature, case law and other. The first part of the thesis deals with general characteristics of apartment lease and its termination. The legislation, basic features of apartment lease and its termination are described there and also the classification of the ways of apartment lease termination is done there. The second part of the thesis describes the ways of apartment lease termination except notice. At first the attention is concentrated on an agreement about apartment lease termination, mainly its form and consequences followed from a breach of the form. Then the thesis is focused on apartment lease termination by expiry of the period and also on renewal of lease which relates to it. Subsequently problems of a death of the lessee and the passage of...
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