Based on which provisions of the Czech Civil Code and under which method shall compensation for the use of the commercial premises after termination of a lease of commercial premises be evaluated (for the time until the tenant vacates the premises)? This question was addressed by the Czech Supreme Court in its current judgement file no. 26 Cdo 105/2025 dated 1 April 2025.
According to the Czech Supreme Court's legal opinion in the above judgement, section 2295 of the Czech Civil Code does not expressly contain a method for establishing the amount of compensation for use of the premises in this specific situation. Thus, the amount of compensation must be based on the general legal principles of unjustified enrichment (section 2991 and 2999 of the Czech Civil Code).