Nájomné bývanie v postmodernej dobe

Abstract

One of the areas that has undergone important changes in the “new” Czech Civil Code is the regulation of rental housing. Until the entry into force of the Czech Civil Code (i.e., until 31 December 2013), rental housing had the same legal basis, based on the common “Czechoslovak” Civil Code of 1964 (Act No. 40/1964 Sb.), or its amendment of 1991 (Act No. 509/1991 Sb.). Despite several legislative changes in that republic, the lease of an apartment retained an almost “sibling relationship”. However, since the Czech Civil Code came into force, private law in our two countries has taken on a fundamentally different character. In the Czech Republic, the legal regulation of rental housing is – in our view – more general, more modern, and (even) fairer, as it equalizes the legal position of landlord and tenant. In the Slovak Republic, however, it has taken on the character of the status quo, which, in principle, has not even changed with the later adoption of the more liberal Act No. 98/2014 Sb. on the short-term rental of flats.