Residential lease with special focus on joint residential lease Summary The subject of my diploma thesis will be the residential lease focusing on joint residential lease. I decided to choose this particular topic since it has been an issue of ultimate interest for me during all the years of my studies at Law Faculty. In addition to property legal title it concerns above all the contract of lease on the grounds of which one of the most fundamental human needs, housing, is satisfied. The objective of the submitted thesis is to provide the most comprehensive presentation related to residential lease as possible. The thesis aims to include all particularities ensuing from joint residential lease. As a basic source of the corresponding legal regulation the Civil Code was used and an extensive judicature was considered to have an equally irreplaceable importance. The diploma thesis is divided into eight chapters whereas each of them deals with specific issue linked with residential lease. The given topic is always discussed and evaluated from the point of view of joint residential relations. The introductory part consisting of a brief outline as for the thesis subject is followed by the first chapter providing general definition of residential lease. It is primarily the elementary sources of law related to...

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...

Residential lease The thesis examines residential lease. For the reason of limited length the paper does not deal with the topic in general but focuses primarily on the aspects of residential lease termination. This particular topic was chosen because of the fact that it is one of the significant legal relations occurring among the subjects of law, many people fulfil their accommodation requirements through it and almost everyone gets in touch with it in his/her life, in a way. Taking into consideration the social implications of rental housing the topic goes beyond the legal area. It is politically sensitive and it involves frequent disputes between the parties that are on the opposite sides of the political spectrum, mainly because of the different levels of regulation. The goal of the thesis is to explore and evaluate the effective legal regulation in the light of practice of the Supreme Court of the Czech Republic. Moreover, the thesis tries to be proactive and predict possible questionable aspects and it aims to provide the readers with practical advice and recommendations at the same time. From the structural point of view the thesis is divided into chapters, each of them dealing with different features. Firstly, chapter one briefly describes what the residential lease is, furthermore, it explains its...

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The relationship between lessee and lessor compared to Airbnb service Abstract The aim of this diploma thesis is to analyze the legal aspects of lease pursuant to the general and special provisions of the Civil Code as well as to point out the different and currently ambiguous legislation of the Airbnb online service. As the lease provisions are strongly protectionist in relation to the lessee, who stands as a weaker party to the lessor, I also elaborate on the fundamental rights and obligations of each of the parties. Not only the Civil Code together with other national provisions, which now regulate in detail most institutes related to lease, represent a basic source of the diploma thesis, but also an unforgettable foreign legislation, which is especially with regard to the Airbnb service a very interesting source of inspiration for the future development not only in the Czech Republic. The content itself is divided into five parts. The first of them defines the lease according to the general provisions of the Civil Code together with its essential characteristics, which thus enables an easier understanding of the special regulation of the residential lease. It also suggests in what legislation the housing right, as one of the fundamental human rights, can be found. The second part reviews the Airbnb...

1 RESIDENTIAL LEASE ABSTRACT This thesis aims to analyze current legal aspects of the residential lease which is regulated in the Act. No. 89/2012 Coll., the Civil Code. For better orientation in the text, the author divided this thesis into seven chapters, where she described the regulation in detail. The first chapter is dedicated to the current regulation of the lease. If the special regulation of residential lease is missing, it is necessary to use common regulation. The author described briefly the contractual parties, the subject of the lease, duration of the lease, and termination of the lease. The second chapter starts with the history of residential law and defines basic terms of the residential lease such as the house, the apartment, corporate housing, and cooperative apartment. The third chapter is devoted to the creation of the residential lease with the written contract and with the unwritten one. It takes into account the creation of residential lease by the other ways such as the death of lessee, the contract of accession, or marriage to the lessee as well. The author speaks about the handing down of the apartment and the issues of paying the rent. The fourth chapter is dedicated to the legal rights and obligations to the lessor and the lessee. It adjusts the repairs of damages and defects by...

This thesis examines legal protection of the tenant. With respect to a limited extent the thesis focuses only on the selected issues that are significant from a perspective of tenant. The topic was chosen because of the fact that tenancy is one of the most common legal relations with an important social aspect, because many people fulfill their accommodation requirements through it. The new Civil Code, effective as of 1.1.2014, brought many major changes that could have real impact on tenants' lives. The main purpose of this thesis is to analyze these changes and compare them with the previous legal regulation. Moreover, this thesis tries to identify problematic provisions of the new Civil Code and provide the readers with a practical advice and recommendations as well. From the structural point of view the thesis is divided into chapters, each of them focused on different issue. The first chapter briefly describes what residential lease is, shows its principle features and finally deals with the protective character of the legal regulation. The second chapter focuses on the rights and duties of the contracting parties. Running a business in an apartment is described as well as the apartment maintenance. The chapter number three draws an attention to a renting to the pet owners and provides with a...

Residential lease Abstract This thesis aims to analyze the legal aspects of residential lease. This is a continually developing issue, which is dynamic in form both in the doctrinal sector and case law. Its specificity lies in the protectionist nature of the weaker party for which the lessee is generally considered. Since 1. 1. 2014 the enactment of Act. No. 89/2012 Coll., the Civil Code, as amended, there has been a significant balance of rights in certain aspects related to the residential lease, especially in the available options for termination of lease. Given the fact, that the said code is relatively new, the thesis also contains a comparison with the previous Act No. 40/1964 Coll., the Civil Code, as amended. This thesis does not neglect to look at German legislation, when looking for a foreign adaptation, it focuses on institutes close to national law and attempts to make some comparisons between the two. The work itself is divided into six chapters. The first chapter deals with the general legal arrangement of the lease. The individual conceptual features of the lease and the related institutes will be discussed here, and sources are presented in the form of law or case law. The second chapter is focused specifically on the residential lease. The new concepts that the Civil Code has brought about...

RESIDENTIAL LEASE ABSTRACT This thesis aims to provide complex analysis of a legal institute of residential lease based on current legal framework (in particular Act No. 89/2012 Sb.) in comparison with the previous legal framework (in particular Act No. 40/1964 Sb., in the version effective on 31 December 2013) while considering the historical context of older legal frameworks of residential lease and the milestones in the development of civil law on our territory. The thesis is structured into 3 chapters which are further divided into subchapters, sections and subsections. The first chapter is devoted to the development of legal framework of residential lease on our territory (except for Roman law framework) until 1989. The beginning of the first chapter outlines the Roman law together with the medieval Koldín's Code. Subsequently are described general characteristics within the historical context of the key Civil Codes which were in force in the specific period on our territory including the General Civil Code (Imperial Patent No. 946/1811 Sb. z. s.), the Civil Code of 1950 (Act No. 141/1950 Sb.) and the Civil Code of 1964 (Act No. 40/1964 Sb.). The legal frameworks of residential lease, or personal use, which were included in the mentioned codes, are elaborated on in more detail in this chapter together...

Le droit est le produit de la société humaine. On le trouve lorsque cette société est au sommet de son succès et ses traces sont plus flagrantes lorsque celle-ci est bouleversée par des crises diverses. La loi vient pour s'adapter à ces divers états. Cette idée est citée entre autres par M. BURDEAU1 : "la désintégration du concept de loi n'est pas explicable par les seules données de l'univers juridique ; elle est le reflet d'un phénomène sociologique". On comprend alors que parfois, les crises sociales entraînent une atteinte à la loi, à son autorité transcendante. Des auteurs expliquent que cette atteinte entraîne une perte des caractères essentiels de cette loi qui sont la généralité, l'impersonnalité et l'universalité. Cette perte vient au profit du principe de stabilité de la société. Les statuts spéciaux des baux d'habitation sont un exemple de l'atteinte aux caractères principaux de la loi. A la fin de la 2ème guerre mondiale en France et de la guerre civile au Liban, les législateurs français et libanais se sont trouvés face à la réparation des crises sociales et humanitaires provenant de la guerre. De nombreuses lois sociales ont été promulguées, surtout en matière de baux d'habitation. De nouveaux statuts juridiques ont vu le jour. Le législateur devait prendre en compte l'intérêt du locataire, sans oublier celui du bailleur. Il devait garantir l'intérêt général par le respect de la liberté personnelle et la protection des propriétés privées considérées comme principes fondamentaux dans la constitution des deux pays et dans les conventions des Droits de l'Homme. Notre étude se basera sur ces lois spéciales (loi du 1er septembre 1948 en France et loi du 23 juillet 1992 au Liban), sur leurs caractéristiques, fonctionnement et régimes. Nous examinerons leur impact social, économique et juridique pour savoir s'ils apparaissent comme une solution à la crise sociale, sans aboutir à une crise législative. / The law is the product of human society. It's found when this society is at the top of its success and its tracks are more blatant when this one is affected by various crisis. The Act has to adapt to these various states.This idea is summarized among others by Mr. BURDEAU : “The disintegration of the concept of law is not explainable by the only data of the legal universe; it's a reflection of a sociological phenomenon”. Then we understand that sometimes, social crises lead to an infringement of the law, to its transcendent authority. Some authors explain that this impairment brings loss of the essential characters of this law which are the generality, the impersonality and the universality. This loss is for the benefit of the principle of stability of the society. The special status of residential leases are an example of the impairment of the main characters of the Act.After the 2nd World War in France and the civil war in Lebanon, French and Lebanese legislators found themselves repairing the social and humanitarian crises from the war. Many social laws have been enacted, particularly in residential leases. New legal statutes have emerged. The legislator had to consider the interests of the tenant, without forgetting that of the lessor. He had to ensure the general interest by respect for personal freedom and the protection of private property considered as fundamental principles in the constitution of the two countries and the human rights conventions.Our study will be based on these special laws (act of September 1, 1948 in France and July 23, 1992 in Lebanon), on their characteristics, operation and plans. We will examine their social, economic and legal impact to see if they appear as a solution to the social crisis, without leading to a legislative crisis.