Publication details

Smluvní pokuta v právu upravujícím nájem bytu a domu

Title in English Contractual fine in the law governing the lease of an apartment and a house


Year of publication 2021
Type Article in Periodical
Magazine / Source Advokátní deník
MU Faculty or unit

Faculty of Law

Keywords contractual penalty, lease contract, tenant, landlord
Description Higher protection of the tenant, who is traditionally considered to be a weaker party, is quite typical for renting an apartment and a house. For this reason, Act No. 89/2012 Coll., The Civil Code, explicitly prohibited in § 2239 the negotiation of a contractual penalty and stipulated: "An arrangement requiring the tenant to pay a contractual penalty to the landlord shall not be taken into account, nor shall an arrangement imposing an obligation on the tenant which is disproportionate in the circumstances." This ban was valid until the amendment, which came into force on 1 July 2020.

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