Lease contract The theme of this thesis is lease contract. The author has chosen this subject because it is very current and lease contract is also one of the most frequently used legal act. The main goal of the thesis is to analyze the institute of lease contract and to highlight some problematic points of this legal regulation. The work is supplemented by judicial decisions of Czech courts and opinions of some authors. This work consists of three chapters. The Chapter one describes historical development of legislation of lease contract, especially in Roman law, legislation contained in General Civil Code of 1811 and the legislation included in the Czechoslovak Civil Code of 1950 and of 1964. The Chapter two is the main part of this work. It is subdivided into eight parts in which are discussed the general provisions of lease contract. First subchapter examines relevant Czech legislation, the second subpart is focused on concept of lease contract. The parties of lease contract are described in the third part. The characteristic of creation of lease contract contains the fourth subchapter and the fifth subpart contains a detailed list of rights and obligations of the lessor and the lessee and their subsequent analysis. The sixth part concentrates on rent issue. Institute of sublease is investigated...

This diploma thesis deals with a legal regulation of lease of apartments and the business premises after the recodification of private law. I have divided the thesis into four chapters in which I try to provide a comprehensive view on the legal legislation. I refer to fundamental changes that were connected with the recodification of lease relationship and I also compare this with the previous legal regulation, an Act of 26 February 1964 the Civil Code, and it's subsequent amendments. In this part I also evaluete it's impact on rights and obligations of contractual parties. In the new legislation the legislator paid attention to the legal framework of the lease of an apartment, especially to the lease on business premises. The most significant difference between the lease of an apartment and the lease on business premises is in it's purpose. The purpose of a lease of apartment is, particulary, to ensure housing for a lessee and his household member, however the purpose of a lease on business premises is to satisfy business aims and aims of other persons who are lessee of these premises. In the case that the main purpose of the lease is not housing or the lessee is a legal entity then we have to use general provisions about the lease (e.g. Article 2201 and follows of the Civil Code). I consider the...

Lease of an apartment and house The subject of this thesis is the issue of lease of an apartment and a house with emphasis on introduction of the fundamental changes brought to this question by the new Civil Code. This paper also briefly points out possible difficulties which might occur even though the legal regulation is quite detailed. The thesis is trying to mention relevant established practice of courts in connection to certain areas of this regulation. The legal institute of a lease of an apartment and house presents irreplaceable part of every legal system because of the fact why people enter into such contract. That is also, why special protection of a leaseholder represents traditionally integral part of this field of law. The thesis consists of six chapters, of which the first one presents the sources of legal regulation. The second chapter discusses various objects of a lease which may substantiate a special protection of its tenants. For a better understanding, even instances of relations which are not included under lease of an apartment and house are mentioned. In order to present a comprehensive view, this thesis also discusses the differences of lease of a staff apartments, social solidarity apartments, and apartments owned by cooperative housing societies. The main part of this...

Made available in DSpace on 2016-04-26T20:22:43Z (GMT). No. of bitstreams: 1 Ana Carolina Del Picchia de Araujo Nogueira.pdf: 1285752 bytes, checksum: 7d0a33b597b452ba0aa9004447a0ca0e (MD5) Previous issue date: 2014-04-24 / The present work has as its central theme the lease contract in mall. It aims to define the main aspects related to its contract to remove the doubts raised about its legal structure. It has been applied the deductive method, starting with the general knowledge of mall and lease of things to get one particular about the lease in mall, leading to the conclusion about the legal nature and discipline of the theme herein discussed. This research used, likewise, the method of research bibliographic and argumentative dissertation, based on the works displayed at its end, mainly of the jurists CaioMário da Silva Pereira, Maria Elisa GualandiVerri, Rodrigo Barcellos, LadislauKarpat and SylvioCapanema de Souza. Its analysis has been divided into five chapters. In the first, it exposes an historic overview of mall, with the elucidation of its structure, containing its characteristics. The second traces the historical background of lease, as well as its legislative development in Brazil, and brings the elements and major features of the lease contract. The third chapter describes the legal discipline of the lease contract in malls; the discussion of the legal nature of this contract, in order to place it in lease contracts and describes also the peculiar characteristics of this venture. It also attempts to dodge the Law of Tenancy, of the draft laws aimed to discipline the subject in a specific way and how the subject is treated in foreign law. The fourth chapter deals with rents and other tasks of the tenant. The fifth and final chapter discusses the issue of conflicts arising from this contract, of the civil responsibility under this venture and its relation(or not) with the Consumer Protection Code. To finish it, it came to a conclusion and demonstrated the bibliographic source used / O presente trabalho possui como tema central o contrato de locação em shopping center; almeja definir os principais aspectos referentes ao seu contrato, de modo a sanar as dúvidas suscitadas quanto ao seu enquadramento jurídico. Para tanto, aplicou-se o método dedutivo, partindo do conhecimento geral de shopping centere de locação de coisas para obter um específico acerca do contrato de locação em shopping center, levando à conclusão sobre a natureza jurídica e sobre a disciplina legal do tema ora abordado. Foi utilizado, outrossim, o método de pesquisa bibliográfico dissertativo-argumentativo, com fundamento nas obras indicadas ao seu final, principalmente nas dos juristas Caio Mário da Silva Pereira, Maria Elisa Gualandi Verri, Rodrigo Barcellos, Ladislau Karpat e Sylvio Capanema de Souza. Dividiu-se a sua análise em cinco capítulos. No primeiro, expõe-se uma abordagem histórica de shopping center, com a elucidação de sua estrutura e de suas características. O segundo traça o panorama histórico de locação, bem como a sua evolução legislativa no Brasil, seus elementos e características mais importantes. O terceiro capítulo descreve a disciplina legal de contrato de shopping center; a discussão acerca da sua natureza jurídica, a fim de situá-lo entre os contratos locatícios e também as características peculiares desse empreendimento; trata ainda das tentativas de esquiva da Lei do Inquilinato, dos projetos de lei tendentes a disciplinar a matéria de forma específica e como é tratado o tema no direito estrangeiro. O quarto capítulo aborda os aluguéis e demais incumbências do lojista. O quinto e último capítulo discorre sobre a questão dos conflitos decorrentes desse contrato, sobre a responsabilidade civil no âmbito desse empreendimentoe a sua relação (ou ausência de) com o Código de Defesa do Consumidor. Para finalizá-lo, chegou-se a uma conclusão e demonstrou-se a fonte bibliográfica utilizada

This thesis, "Lease contract", deals with the topic of leasing, especially with the legal aspects of lease transaction. In first part it describes the history of leasing, classification of lease operations according various criteria and advantages and disadvantages of leasing as a form of financing. Second part is focused on the description of Czech lease market, its development and the situation in year 2010. Third part is focused on the legal aspects of lease contract and lease transaction in Czech law and also in international law. Final part of thesis compares general terms and conditions of leasing of three selected companies on Czech market with general term which are recommended by Czech Leasing and Finance Association.

- RESUMÉ The need for housing is undoubtedly one of the basic human needs of each individual. Not everyone, however, is the owner of the house or the apartment. To address this situation, when do not have their own housing, serves the institute of the tenancy. Here, however, the two interests conflict groups clash, landlords and tenants, who represent completely different interests. This is one of the reasons for states to actively intervene to the tenancy to ensure the right to housing for the tenants and also to protect property rights of the landlords. Many states came to the way of the housing policy, which is based on the belief that the tenant is the weaker party to the lease. In this way, this is a legal regulation of the rent and the lease. My thesis, entitled "The legislation regulating tenancy - a regulated rent" aims primarily to describe developments in this area in the Czech Republic in the last 20 years, noted that the regulation of the rent is definitely not just a phenomenon of this decade. The work focuses primarily on the regulation of the rent, as is clear from its title, because this has become a main topic of many debates and tries to describe the deregulatory efforts in the Czech legal order for the last period, including the achieved result, which at the time of the...

Made available in DSpace on 2016-04-26T20:23:17Z (GMT). No. of bitstreams: 1 Andrea Sirotsky Gershenson.pdf: 766596 bytes, checksum: 45b208dcc2433702d551d1ded41d470b (MD5) Previous issue date: 2014-09-26 / This study analyzes the lease contract of a specific type of business organization: the Shopping Mall. We will analyze the characteristics of this kind of development and other aspects that make it a complex and unique structure and which also make it distinct from other commercial centers. Even after the Lease Law was sanctioned (Law 8.245/91), which defined the relationship between the entrepreneur and the shopkeeper as a location, it is possible to consider the peculiarities of this kind of business and notice that there is still controversy about the legal nature of this kind of contract. Thus, we will study the doctrinal positions on the legal nature of the mall, and later qualify it as a typical or atypical contract. The legal business will be contextualized within the modern view of contract law, analyzing its main principles, in particular social function, equity and good faith. We will analyze the Mall contract and its peculiar clauses under the perspective of those paradigms. We will then approach the subject of how the termination of this kind of contract would work in case of breach of its provisions, and its chances for revision or alteration. Finally, this study will weave considerations about termination or renewal actions as far as the lease contract in shopping malls is concerned / O presente estudo busca analisar o contrato de locação em um tipo específico de organização comercial: o Shopping Center. Serão analisadas as características dessa espécie de empreendimento e demais aspectos que tornam sua estrutura única e complexa, diferenciada dos demais formatos de centros comerciais. Mesmo após sancionada a Lei de Locações (Lei 8.245/91), que definiu a relação existente entre o empreendedor e o lojista como de locação, diante das peculiaridades dessa espécie de negócio, ainda existe controvérsia sobre a natureza jurídica do contrato. Assim, serão investigados os posicionamentos doutrinários acerca da natureza jurídica do shopping center, para posteriormente qualificá-lo como contrato típico ou atípico. O negócio jurídico será contextualizado dentro da visão moderna do direito contratual, analisando-se os seus princípios informadores, em especial o da função social, equidade e da boa-fé. Analisar-se-á sob a ótica dos referidos paradigmas o contrato de shopping center e suas cláusulas peculiares. Será abordado, então, como funciona a resolução dessa espécie de contrato diante do descumprimento de suas cláusulas e suas hipóteses de revisão ou alteração. Por fim, o presente estudo tecerá considerações acerca das ações revisionais e renovatórias do contrato de locação em shopping center

Thesis deals with leasing transactions in view of czech accounting and tax legislation and in view of International financial reporting standards. Emphasis is placed on classification of leases as a finance lease and operating lease and especially on different impact of finance lease transactions on the financial statements of lessor and lessee prepared in accordance with czech legislation and IAS/IFRS.