| Abstract [eng] |
Legal rental lease relationships are constantly being created, altered and terminated. This research analyses different types of legal consequences for rental lease contract terminations, such as, expiration, illicit one-sided breach and legitimate one-sided termination. As soon as rental lease contract is terminated, rights and responsibilities for all parties come into effect. Parties are obliged to exercise their rights in such a way, that legal interests of other party would not be harmed. This particular research examines legal consequences, which arise on the two instances - first one is that the rental lease contract is terminated legitimately and all parties properly execute their rights and responsibilities. The second case - execution is unlawful in a way that it violates rights and legal interests of another party. Legally, breach of the rental lease contract is a violation or improper execution of the rental lease contract, which entails legal civil liability for the party, found to be responsible for the infringement. The process of legal rental lease contract termination and arising legal consequences started to present itself as even more relevant with the outbreak of Covid-19 pandemic and enforced global quarantine. This research examines the issue and tries to answer the question, whether these circumstances, which hinder the ability of certain parties to fulfill it's obligations is a cause enough to legally terminate the rental lease contract. In addition, it analyses legal instruments, which can be utilised by certain parties of the contract in order to protect their rights and legal interests and avoid legal consequences as well as contractual civil liability. This research reached a conclusion, that worldwide Covid-19 pandemic and quarantine cannot be considered a circumstance of superior force (force majeure) and does not provide a solid enough basis for legal rental lease contract termination. Taking into account the fact, that the global quarantine may impair abilities of the contract’s parties to properly fulfill their obligations, contract parties ought to be granted a legal remedy to alter terms of the contract on the grounds of firmly changed circumstances, based on Civil code article 6.204. |
