K otázce nájmu bytu právnickou osobou
Legal entity as party of residential tenancy agreement
Author(s): Jana PetrůSubject(s): Commercial Law
Published by: Masarykova univerzita nakladatelství
Keywords: legal entity;supreme court;case law;26th chamber;judgement;questions of equality;natural person;escheat of membership
Summary/Abstract: This article discusses the possibilities of a legal person to become the rightful tenant. It's focused on the position of legal entity as tenant in the current version of the Civil Code and Supreme Court's case law. The text is divided into two parts. The first part deals with the analysis of contradictory opinions presented in the case law of the 21st and 26th Chamber of the Supreme Court. The text is primarily focused on the two judgements which open the question of equality of legal and natural persons in the rental relationship. Although the case law of the 21st Chamber of the Supreme Court refers to rent of cooperative flats and escheat of membership in housing cooperative, it may have influence on the position of legal entity as tenant in general. In the second part the author follows arguments contained in the judgements of both chambers and also comes with other reasons, which are with the arguments arising form the judgements closely bound. Finally the text heads towards opinion that legal entity is possible to become tenant as well as natural person.
Journal: Časopis pro právní vědu a praxi
- Issue Year: 20/2012
- Issue No: 1
- Page Range: 82-85
- Page Count: 4
- Language: Czech