AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.

As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.

AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.

Articles published in AUCI undergo an independent peer review process, which is anonymous on both sides. Reviewers from the field give their opinion on the scientific quality of the paper and the suitability of publication in the journal. In the case of comments, the opinion is sent back to the author with the possibility of revising the text (see Guidelines for Authors – Per Review Process for more details).

The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.

In 2021 the journal AUCI was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database Scopus. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite Scopus database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

AUCI is an open journal and all its content is published both on the faculty website and on the Karolinum Press website. Access to it is free of charge. The homepage of AUCI is on the Karolinum Press website.

The AUCI journal uses the Creative Commons license: CC BY 4.0.

Long-term archiving of the digital content of the journal is provided by Portico.

AUC IURIDICA, Vol 49 No 1 (2003), 229–237

Nájemní smlouva – quo vadis?

[Lease Contract – Quo Vadis?]

Josef Salač

DOI: https://doi.org/10.14712/23366478.2025.181
published online: 13. 02. 2025

abstract

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.

Creative Commons License
Nájemní smlouva – quo vadis? is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

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