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…

New legislation effective from 1 January 2014, namely Act No. 89/2012 Coll., the Civil Code (hereinafter “NCC“) has introduced significant changes to legislation on liability for damage. Some changes may pose potential risks in practice and cause complications in the interpretation and application of the law. This article aims to highlight the potential risks associated…

On 3 October 2016, the Government submitted a draft amendment amending Act No. 183/2006 Coll., on urban planning and the building code (Building Act) to the Chamber of Deputies. The amendment largely aims to accelerate the urban planning process and the possibility of combining planning and building permit proceedings into a single, joint procedure, within…

On 14 September 2016, the European Commission presented its draft external investment plan (EEIP) to stimulate investment in EU partner countries (Africa and the European Neighbourhood), promote a new model of participation by the private sector and contribute to the achievement of sustainable development goals. According to the Commission, economic growth in developing countries is…

One area which has changed considerably with the amendment to Act No. 89/2012 Coll., Civil Code (“CC”) comprises property leases and the options for terminating such leases. The aim of this article is to describe certain important changes particularly notice to terminate the lease of an apartment and premises used for business purposes and also…

In February, the European Commission launched a new online platform enabling traders and consumers to resolve disputes relating to goods purchased over the internet, either in this country or abroad. The Platform is a single contact point which enables both consumers and traders to resolve their disputes relating to purchases made over the internet; the…

The lower instance courts did not act consistently in resolving certain issues concerning the entry of business corporations into the Commercial Register. This has led to uncertainty amongst those entered in the Register and also an impermissible degree of inequality, with different courts issuing different rulings on the same matter. Therefore, on 13 January 2016,…

The Chamber of Deputies is currently discussing the second reading of the amendment to Act No. 182/2006 Coll., the Insolvency Act (“IA”). The purpose of this amendment is to place restrictions on fraudulent companies which offer debt discharge services and profit from debtors in difficult situations, prevent malicious insolvency petitions and generally make insolvency proceedings…

From 1 May 2015, in addition to registration courts, notaries can also make entries in the Commercial Register. The advantages of this option are particularly evident on initial registration of companies, where registration by a notary it is not only administratively simpler, but also much less expensive. In this article, we will examine entries in…

On 14 December 2015, long-awaited Act No. 340/2015 Coll., on Special Conditions for the Effectiveness of Certain Contracts, the Disclosure of These Contracts and the Register of Contracts (Act on the Register of Contracts, hereinafter “ARC”) was published in the Collection of Laws. The Act governs conditions for the disclosure of contracts between public entities…