Nájemní smlouva – quo vadis?

As considered from both historical and modem perspectives, the institute of the lease contract appears to be irreplaceable within the ambit of civil law. Newly prepared codification of the Civil Code should regulate not only the simple lease (e. g. of premises) but also the lease of agricultural land where proceeds are kept by the lessee. The lease contract should be provided for in one title of the Code, which should be subdivided into general and special parts. The latter should subsume individual types of lease, such as the lease of residential premises, non residential lease, the lease of business, etc. Thus, the existing fragmentation of the topic, where some provisions are contained in the Civil Code, some in the Commercial Code, others in the special act regulating leases and subleases of non-residential premises, should be removed. The whole issue should return within the scope of private law, and anomalies should be eliminated, such as the compulsory sanctioning of the notice of termination of the lease by court, extremely liberal provisions for a leased fiat to pass on to another person, the state control and regulation of rent with respect to some flats, etc. New codification should also reflect the European law in this field. One example may be mentioned in this context, namely the existing institute of time-sharing. Both the lessor and lessee should enjoy legal protection which may not be to the prejudice of the other party. The freedom of contract should be considered the most significant principle. In conclusion, it should be noted with regret that the well-established Austrian General Civil Code ceased to apply in Czechoslovakia in 1950, having been the source of Czech law between 1811 and 1950, and has never been re-installed although it is still in full operation in Austria.