Unaware your employee is in bankruptcy? It could be very expensive.

In its decision-making practice, the Supreme Court concluded that the employer should be aware of a decision declaring bankruptcy against one of its employees posted in the insolvency register, and that it is its problem if it was not aware of the decision. The insolvency administrator is not obligated to inform the employer of the…

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A fundamental change in case-law on the performance of the duties of a statutory body under an employment contract

1. Introduction The case law of the Supreme Court has long held the view that a contract concluded between a member of the statutory body of a commercial company and that company under the Labour Code, in which the member of the statutory body (hereinafter “statutory body”) was to carry out activities falling within the…

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When can a tenant terminate a fixed-term lease?

1. Introduction Naturally one of the most fundamental legal issues in landlord-tenant law is the question of terminating the lease relationship. In case of a fixed-term lease, the crucial question is whether or not and, if so, under what conditions the tenant can terminate the lease before the end of the agreed lease term. This…

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European Commission requires changes to Airbnb’s terms

1. Introduction The European Commission has concluded that Airbnb has violated the Unfair Commercial Practices Directive, the Unfair Contract Terms Directive and the Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. The Commission and consumer protection authorities have therefore called on Airbnb to make changes. Airbnb is to…

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What has changed with the amendment of the Building Act?

1. Introduction On January 1, 2018, long-awaited Act No. 225/2017 Coll., amending Act No. 183/2006 Coll., on Urban Planning and the Building Code (hereinafter “BA“) and 43 other related acts, entered into force. This amendment had been under preparation for a long time and was a major point of interest. The amendment had several objectives,…

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Memorandum on processing of personal data

I. Controller Controller is a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. In our case the controller is the attorney-at-law who you have a contract with therefore either: Jiří Kučera, attorney-at-law seated at Dlouhá 727/39,…

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The GDPR – stricter rules on the handling of personal data

1. Introduction This article aims to highlight some of the main impacts of the General Data Protection Regulation (GDPR).  The objective of the GDPR, due to take effect on 25 May 2018, is to reinforce EU citizens’ rights when their personal data is processed. The GDPR encompasses individuals (natural persons), who are data subjects, and…

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The New Civil Code – the right of superficies

1. Superficies solo cedit  With effect from January1 , 2014, Act No. 89/2012, the Civil Code, introduced the principle of superficies solo cedit (“the surface yields to the ground”), according to which anything firmly attached to the ground, including a structure, becomes part thereof (structures built on another person’s land up to December 31, 2013…

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Amendment to the Insolvency Act – unlocking debt relief

1. Introduction  On January 16, 2018, the government approved an amendment to Act No 182/2006, the Insolvency Act, that profoundly revises the conditions for debt relief. Debt relief is a way of tackling a debtor’s insolvency, i.e. a situation where a debtor has multiple creditors, has defaulted on his liabilities (debts), and is unable to…

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An economically dependent arbitrator is not an independent arbitrator

1. Introduction On 24 August 2017, the Regional Court in Prague handed down a ruling, under reference number 28 Co 263/2017-103, halting enforcement procedure pursued by a finance company against one of its debtors. As explained below in this article, the judgment could pave the way for the discontinuance of tens of thousands of enforcement…

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