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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...

The purpose of this thesis was to investigate Saskatchewan farmers’ perception of lease hunting in Southern and Central Saskatchewan. Wildlife habitat on privately owned farmland has been shown to provide significant public benefits to society at large. One method that has been shown to provide a greater private benefit to the providers of wildlife habitat is lease hunting which creates incentives to farmers to provide some of the direct use value of wildlife habitat. Since lease hunting with the current legal structure is not an option in the province of Saskatchewan, this study investigated farmers’ attitude to a hypothetical lease hunting option. A total of 84 in person surveys were administered to Saskatchewan farmers and 10 telephone interviews to outfitters operating in the province. The survey results indicated that Saskatchewan farmers are evenly split between supporting and failing to support the introduction of lease hunting. Econometric analysis using a probit model showed that farmers who are renting additional land to agricultural production, who allowed hunting on their land in the past are more likely to support introducing lease hunting. Farmers who have been asked permission to hunt on their land by recreational hunters were less likely to support lease hunting, confirming the lease hunting literature that states that the most important characteristics of lease hunting is the control over who accesses their land. Since farmers who have already been asked for permission to access their land already possess the control over their land they were less likely to support the introduction of lease hunting. Demographic variables such as age and education do not have an effect on attitude to lease hunting. The price of a day hunting lease was estimated among those farmers who were in support of introducing lease hunting. It seems farmers are willing to accept $90 per day for a day of recreational hunting access to their lands. A tobit model showed that farmers who rent more land for agricultural production would charge more for a day of recreational hunting access. Also those farmers who have high perceived quantity of wildlife on their land would charge more up to a certain point where wildlife nuisance quality becomes more prominent.

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...

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...

The diploma thesis is divided into three main parts. The first part is a cost analysis of the company Prompt Ltd. It also deals with possibilities for capacity utilization. The second part presents the actual offer of utility vehicles on the Czech market. Moreover it compares road trains offered to the company according to criteria chosen by the author. The last part of the thesis deals with several options of financing, mainly with comparison of finance lease and loan.

The release of the Exposure Draft Leases by the Financial Accounting Standards Board in August 2010 has brought about much discussion regarding the proposed treatment for lease accounting. The changes proposed include the capitalization of operating leases by lessees, which are currently regarded as off-balance sheet financing. When the proposed changes take place, industries that have substantial off-balance sheet leases currently, such as the retail industry, will face significant adjustments for assets and liabilities, as well as changes in their income statement. This paper quantifies these changes in the retail industry and examines the effect of these changes on each firm’s current debt covenant agreements.

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...

The subject of the thesis is the lease of real estate amended by Czech law and some aspects of the lease of real estate amended by English law. This thesis tries to provide the reader with basic information about these issues. The thesis is systematically divided into two sections- the lease of land and the lease of building firmly connected with the land. It is focused on fundamental terms such as the thing in legal sense. The question of changes in an area of lease of real estate is quite actual because of passing the new civil code in the Czech Republic. That is why the thesis contains a comparison between the effective civil code and civil code in force. It points out the most significant amendments which will become effective on 1. 1. 2014. The other purpose of this thesis is to highlight the most important aspects of legal regulation of lease of real estate in English law. The thesis compares the Czech legal regulation with English one and defines the basic differences of this issue in both countries. The thesis is structured into introduction, five elementary chapters and conclusion. Each chapter is focused on issue which directly or indirectly influences the lease of real estate. The first chapter contains the elementary terminology which is connected with the lease of real estate. It is a...

L’objectif principal de la loi Pinel était de rétablir l’équilibre dans les relations entre bailleurs et locataires. Le législateur, comme le pense Guillaume Buy, a une nouvelle fois considéré que « le preneur était en position de faiblesse vis-à-vis de son bailleur comme le salarié le serait vis-à-vis de son employeur ». J'ai étudié dans mon mémoire de recherche les dispositions de la loi Pinel en considérant, comme le législateur, que celles-ci devaient être rééquilibrées. Mais seulement était-ce bien vrai ? Lorsque le statut des baux commerciaux a été créé, il s’agissait principalement de protéger de petits boutiquiers, tels que des artisans, des boulangers, des tailleurs, etc... A cette époque, ces commerçants n’étaient effectivement pas armés face aux bailleurs. C’est ce que le décret-loi de 1953 exposait, invoquant que les commerçants locataires se trouvaient dans une parfaite « ignorance de leurs droits ». Aujourd’hui, cet objectif d'équilibre par le protectionnisme du locataire est-il toujours pertinent ? La nouvelle réforme du droit des contrats, applicable depuis le 1er octobre 2016, risque d'impacter sensiblement la pratique des baux commerciaux au travers notamment du déséquilibre significatif. Quel sera l'impact dans la pratique ? Cette thèse est donc une réflexion globale sur l'équilibre de ce contrat si particulier. En dégageant les points sensibles et important, il permettra de revenir sur les méthodes de "ré-équilibrage" adoptées par le législateur de 1953 jusqu'à aujourd'hui. / The main objective of the Pinel law was to restore the balance in relationships between landlords and tenants. The legislature, as suggested Guillaume Buy, has again held that "the lessee was in position vis-à-vis its weakness lessor as the employee would be vis-à-vis his employer." I studied in my research paper the provisions of the law Pinel considering, as legislators, that they had to be rebalanced. But only was this true? When the status of commercial leases was created, it was mainly to protect small shopkeepers, such as craftsmen, bakers, tailors, etc ... At that time, these traders were not actually deal with armed donors. This is what the 1953 Legislative Decree exposed, citing that tenants traders were in a perfect 'ignorance of their rights. "Today, is this objective of balance by tenant protection still relevant? The new reform of contract law, applicable since 1 October 2016, is likely to have a significant impact on the practice of commercial leases, in particular through the significant imbalance. What will be the impact in practice? This thesis is therefore a global reflection on the balance of this particular contract. In disentangling the sensitive and important points, it will return to the methods of "re-balancing" adopted by the legislator from 1953 until today.