Publication at Faculty of Law |
2017
Abstract
Article deals with provision 2239 of Civil code (Act. n. 89/2012 Coll.) which prohibits to agree on a contractual penalty against tenant. Main aim of article is to analyse whether is this provision suitable with the main principle of Civil code - autonomy of will and others principle and also with liberal and modern concept of our Civil code.
Article also analyse potential impact which could arise in lease obligations due to this provision and imbalances it causes in relationship between landlord and tenant.