As an individual's place of residence, a flat is, in existential terms, an extremely important asset. Namely, it not only provides an individual with the basic conditions for survival, but also represents his home. Moreover, a person residing in a flat based on a rental agreement enjoys special legal and constitutional protection. Both legal theory and jurisprudence have taken the position that the tenant is the weaker contracting party in relation to the landlord, so it is necessary to provide the tenant with adequate protection through the mandatory provisions of the Housing Act. Therefore, the protection of the tenant in residential tenancies is reflected in the limitation of contractual autonomy, which is an exception in law of obligations. In terms of content, this master's thesis first defines the relevant legal basis for concluding residential tenancies. It goes on to provide specific reasons why the tenant is the weaker contracting party compared to the landlord, and define the importance of housing as a constitutionally protected asset. A brief overview of comparative law is then followed by a more detailed examination of individual institutions. After all, the purpose of this master's thesis is to analyse these institutions and present the reasons for their mandatory nature. Jurisprudence also plays an important role in the matter. Due to the breadth of the topic discussed, the master's thesis focuses only on commercial tenancies, i.e. those where the landlord is not an entity governed by public law. The concluding section defines the adequacy of the positive legal regulations. Addressing the protection of the tenant, by the nature of things, presents a certain level of interference with the rights of the landlord, which is why it is crucial to establish a legal arrangement that is sustainable for both contractual parties.
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