Mgr. Jiří Kučera

Submission of a Petition for an Execution Order as an Abuse of Rights and Grounds for the Discontinuation of Execution

By Mgr. Jiří Kučera | 10.3.2016

In its ruling of 17 December 2015, in case no. IV.ÚS 3216/14, the Constitutional Court (hereinafter “CC”) examined the question of whether the submission of a petition for an execution order could be considered as an abuse of rights that justifies the discontinuation of execution. The CC examined this issue in a situation where, although…

New Directives on Digital Contracts Will Unify Rules for E-Commerce

By Mgr. Jiří Kučera | 10.3.2016

In December, the European Commission approved a draft directive concerning the provision of digital content (streaming music, films, cloud storage, etc.) and a draft directive regarding the online sale of goods (operation of e-shops). The directives should simplify and promote access to digital content and online sales throughout the EU. According to the Commission, only…

K&A invites you to our tutorial on topic of the Public Tenders in real estate business

By Mgr. Jiří Kučera | 16.2.2016

Possession and its Protection

By Mgr. Jiří Kučera | 3.12.2015

Act No. 89/2012 Coll., the Civil Code, which is effective from 1 January 2014 (hereinafter “NCC”) brought many changes, one of which applies to changes in the institute of possession. Possession is regulated in the NCC by Sections 987 to 1010 and ranks among absolute property rights, specifically rights in rem. The new regulation is…

Can an Owner Be in Possession of Land That He Does Not Enter and Maintain?

By Mgr. Jiří Kučera | 3.12.2015

In the judgment of the Supreme Court of the Czech Republic in case no. 22 Cdo 204/2013, dated 25 March 2015, the Supreme Court addressed the issue of actual possession of a thing (object) and its manifestations. 1. Facts of the case In the present case, the plaintiff sought a declaratory judgement determining the ownership…

News from the EU – European Fund for Strategic Investments to secure investments of EUR 315 billion

By Mgr. Jiří Kučera | 3.12.2015

The European Fund for Strategic Investments (hereinafter “EFSI”) was established by Regulation (EU) 2015/1017 of the European Parliament and of the Council of 25 June 2015 (hereinafter “Regulation”), and is the backbone of the Commission’s investment plan, which aims to bring up to EUR 315 billion into the European economy from both private and public…

News from the Czech Republic – New Act on Public Procurement before the Chamber of Deputies

By Mgr. Jiří Kučera | 3.12.2015

The government approved a draft bill of the new Act on Public Procurement in October. The bill is currently before the Chamber of Deputies and has been sent to MPs. It will be subsequently discussed by the Steering Committee and then submitted for its first reading. The new Act thus has a long way to…

K&A partner lectured on Waste management Workshop at Italian Embassy in Prague

By Mgr. Jiří Kučera | 20.10.2015

Program Workshop Waste Management 29.09. 2015

K&A led legal workshop at EXPO 2015 in Milan

By Mgr. Jiří Kučera | 20.10.2015

Legal & Business Workshop at EXPO 2015 – May 21, 2015

Changes in housing co-ownership

By Mgr. Jiří Kučera | 2.9.2015

1. Housing units under the AOHU and under the NCC  Although the AOHU was abolished on the effect of the NCC, the ownership of housing units that arose while the AOHU was in effect will continue to be governed by the AOHU instead of the NCC, as is clear from the provisions of § 3063…

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