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Residential lease
Bernas, Petr ; Salač, Josef (advisor) ; Šustek, Petr (referee)
This thesis deals with residential lease. Due to the limited scope of the thesis it was impossible to cover the topic in a more comprehensive manner. The aim of the thesis is to systematically analyse only some issues of legal regulation of the residential lease. The thesis discusses the interpretation of certain general issues of the residential lease and the termination of the residential lease, focusing on various ways of termination. The thesis deals with absolute termination of residential lease. The thesis focuses on selected provisions of Act No. 89/2012 Sb., the Civil Code, using the scientific literature, the thesis is also concerned with relevant practise of courts. In some cases, the thesis compares the current Civil Code with the previous legal regulation, Act No. 40/1964 Sb., the Civil Code, as amended. The thesis is divided into nine chapters, which are subdivided into subchapters. The first chapter deals with the basic definition of the lease, analysis of the concept of apartment and house, legal regulation of the residential lease and it briefly describes the differences between a lease and other related contracts. The second chapter provides an overview of the provisions of the Civil Code relating to termination of the residential lease and outlines possible ways of termination of...
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Residential lease with special regard to its termination
Suchý, Jan ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
This thesis deals with residential lease, with the focus being placed on the issue of termination of the lease. The aim of the thesis is to analyze the current legal regulation, not only the most important and most used methods of termination of the residential lease, but also the ways that are less frequent. Another aim of the thesis is to identify problems arising in connection with the recodification of private law in the Czech Republic. The thesis draws from legislation, jurisprudence, professional literature and other relevant sources. The thesis is divided into an introduction, thirteen chapters and a conclusion. The first part of the thesis focuses on historical development of the legislation regarding residential lease, from the times of Roman Empire until 31.12.2013. Following part of the thesis deals with the current statutory regulation of residential lease, its basic attributes and characteristics, and at the same time the institute of tenant's protection as a weaker contracting party is described. In the following parts of the thesis, the methods of terminating the residential lease are being described. Analysis varies from the less frequent methods, such as the merger of the tenant and the landlord, the end of the subject of the lease, or the payment of severance payments to the most...
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Residential lease with special regard to its termination
Suchý, Jan ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
This thesis deals with residential lease, with the focus being placed on the issue of termination of the lease. The aim of the thesis is to analyze the current legal regulation, not only the most important and most used methods of termination of the residential lease, but also the ways that are less frequent. Another aim of the thesis is to identify problems arising in connection with the recodification of private law in the Czech Republic. The thesis draws from legislation, jurisprudence, professional literature and other relevant sources. The thesis is divided into an introduction, thirteen chapters and a conclusion. The first part of the thesis focuses on historical development of the legislation regarding residential lease, from the times of Roman Empire until 31.12.2013. Following part of the thesis deals with the current statutory regulation of residential lease, its basic attributes and characteristics, and at the same time the institute of tenant's protection as a weaker contracting party is described. In the following parts of the thesis, the methods of terminating the residential lease are being described. Analysis varies from the less frequent methods, such as the merger of the tenant and the landlord, the end of the subject of the lease, or the payment of severance payments to the most...
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Residential lease
Bernas, Petr ; Salač, Josef (advisor) ; Šustek, Petr (referee)
This thesis deals with residential lease. Due to the limited scope of the thesis it was impossible to cover the topic in a more comprehensive manner. The aim of the thesis is to systematically analyse only some issues of legal regulation of the residential lease. The thesis discusses the interpretation of certain general issues of the residential lease and the termination of the residential lease, focusing on various ways of termination. The thesis deals with absolute termination of residential lease. The thesis focuses on selected provisions of Act No. 89/2012 Sb., the Civil Code, using the scientific literature, the thesis is also concerned with relevant practise of courts. In some cases, the thesis compares the current Civil Code with the previous legal regulation, Act No. 40/1964 Sb., the Civil Code, as amended. The thesis is divided into nine chapters, which are subdivided into subchapters. The first chapter deals with the basic definition of the lease, analysis of the concept of apartment and house, legal regulation of the residential lease and it briefly describes the differences between a lease and other related contracts. The second chapter provides an overview of the provisions of the Civil Code relating to termination of the residential lease and outlines possible ways of termination of...
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A comparison of legal regulation of termination of flat lease in the Czech Republic and Poland
Hanusek, Viktor ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Housing is one of the basic needs of everyone. If this need is not satisfied, one does not feel safe. In fact, one suffers in other respects, does not have privacy and is not able to engage in other activities. There are various ways how to realize the need of housing. Nevertheless, the biggest limiting factor is the financial situation of the person. Therefore, the vast majority of the population lives in a leased flat these days. The lessee is in the position of the weaker party regarding the contract. Therefore, the law provides a special legal protection for the lessee. I decided to write a diploma thesis that would concern the housing law. It happened after passing optional subject called Housing law and I have gained valuable knowledge about legal issue of lease housing. Frankly, I was impressed by its dynamics and frequency. I chose a comparative topic thanks to my study abroad in Wrocław within the Erasmus programme. That programme provided me an access to Polish literature. Moreover, I had a great opportunity to consult the Polish law with lawyers teaching me at the University of Wrocław. The main aim of my diploma thesis is to analyse the ways of the legal regulation of termination of flat lease in the Czech Republic and Poland. This corresponds to the structure of the thesis. The first...
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