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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…
Read MoreBoard member with no performance contract
1. Introduction Act No. 90/2012 Coll., on commercial companies and cooperatives (“BCA”) has not only changed the responsibilities of statutory bodies, but also presents new rules governing the exercise of their functions. The BCA places special emphasis on remuneration for members of statutory bodies and sets relatively strict rules, failure to comply with which is…
Read MoreRobotics law on the horizon
1.Introduction We are in an era referred to as the fourth industrial revolution, characterised by a rapid boom in automated technology completely controlled by artificial intelligence. These so-called robots are now replacing human manpower in many different fields. It is therefore wholly inevitable that the law should respond to this society-wide situation and that adequate…
Read MoreTermination of the lease of an apartment with no notice period
1.Introduction A lessor’s right to terminate a lease with no notice period is defined under Section 2291 of Act No. 89/2012 Coll., the Civil Code (“CC”), according to which a lessor is entitled to terminate a lease in this manner if a tenant commits a gross breach of a contractual obligation. Such breaches particularly include…
Read MoreAmendment to the Labour Code
1. Introduction The Chamber of Deputies is currently discussing the amendment to Act No. 262/2006 Coll., the Labour Code, which is a response to the need to bring our laws into line with EU judicial practice and legislation. The Labour Code has been amended 39 times since it was first drawn up; the last major amendment…
Read MoreNew Provisions on Liability for Defects
The new provisions on liability for defects and warrantees in accordance with Act No. 89/2012 Coll., the Civil Code (hereinafter the “Code”), underwent lots of changes. In the spirit of the removal of the two-track nature of the legal provisions, the provisions of commercial and civil law were unified in this area; the new provisions…
Read MoreFirst Amendment to Civil Code
1.Introduction An amendment to Act No. 89/2012 Coll., the Civil Code (hereinafter the “Code”), came into force on 30 December 2016 The amendment changes the provisions on trust funds in a significant manner, and, with reference to the current non-transparent arrangement, introduces the duty to register them. The amendment also re-introduces the option to purchase…
Read MoreNon-material Damage for Delays in Proceedings
1.Introduction The Supreme Court and the Constitutional Court regularly decide on the matter of compensation for non-material damage caused by an unreasonable length of proceedings and unreasonable delays in proceedings. Next to compensation for non-material damage caused by an unlawfully conducted criminal prosecution, this is one of the most frequently decided matters concerning the…
Read MoreProtection of Privacy in Electronic Communications
1.Introduction On 10 January 2017 the European Commission submitted to the European Parliament and the Council a proposal for a regulation on privacy and electronic communications (hereinafter the “Regulation”) whose main aim is to improve the protection of privacy in electronic communications and open up new opportunities for business, in particular in the field of…
Read MorePerformance of duties and the employment contract
In its judgment of 13 September 2016 in case no. I. ÚS 190/15, the Constitutional Court dealt with the question of whether it was possible to perform the duties of a member of a statutory body in an employment relationship. This question is not addressed by new legislation, namely Act No. 89/2012 Coll., the Civil…
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