Mgr. Jiří Kučera

Acquisitive prescription of neighbouring land

By Mgr. Jiří Kučera | 2.9.2015

1. Facts of the case In the present case, the plaintiff acquired land by a deed of donation that was not separated from the neighbouring property in any way, and there were no clear boundaries between the two properties. The plaintiff took possession after his predecessor, who also used the neighbouring land, which the owner…

Copyright infringement by placing a hyperlink

By Mgr. Jiří Kučera | 2.9.2015

Hyperlinks to other websites are routinely placed on their own sites by both entrepreneurs and non-entrepreneurs. These links have different functions, but are usually only links to other sources of information, business partners, operators of websites containing the link, or other relevant websites that can help visitors of the site containing the hyperlink. The site…

“Kurzarbeit” – contribution at times of partial unemployment

By Mgr. Jiří Kučera | 2.9.2015

1. Partial unemployment The amendment of Act No. 435/2004 Coll., on employment (hereinafter “EA”), which comes into force on 1 October 2015, introduces the new institute of a contribution at times of partial unemployment or during natural disasters. An employer may be entitled to such a contribution at times when the employer cannot assign employees…

Pre-Contractual Liability – Can You be Held Liable for Failure to Conclude a Contract?

By Mgr. Jiří Kučera | 4.6.2015

Prior to 1 January 2014, the Civil Code did not recognise the concept of pre-contractual liability (culpa in contrahendo). Nevertheless, certain legal deliberations on possible pre-contractual liability appeared in practice, but lacked support in law. In some respects, the new Civil Code effective from 1 January 2014 („NCC”), makes negotiating parties responsible for their actions…

Non-competition Clause: How to Draft a Valid One?

By Mgr. Jiří Kučera | 4.6.2015

This issue was addressed by the Supreme Court of the Czech Republic in its judgement in case no. 21 Cdo 506/2013, dated 7 January 2015, where it states that: “The basic requirement of a non-competition clause is the employee’s undertaking to refrain from gainful activity that is also the subject of the employer’s activity or…

New Operational Programmes for Public Aid

By Mgr. Jiří Kučera | 4.6.2015

In April and May 2015, the European Commission approved a total of five new operational programmes for the Czech Republic, which will provide financial support for projects in 2014/2020. The approved programmes include Enterprise and Innovation for Competitiveness, Environment, Employment, Transport and Research, Development and Education, under which the Czech Republic can draw up to…

New Types of Investment Incentives and Easier Access

By Mgr. Jiří Kučera | 4.6.2015

The amendment of the Act on Investment Incentives, effective from 1 May 2015, introduces a new type of support (exemption from real estate tax), expands the range of supported activities (data centres and customer support centres) and relaxes the conditions for granting investment incentives. It allows investment incentives to be obtained by both domestic and foreign…

Easier enforcement of judgements abroad

By Mgr. Jiří Kučera | 30.3.2015

A survey conducted in 2010 found that up to 40% of companies were willing to expand to more foreign markets, if the resolution of cross-border disputes was simpler and less of an administrative burden. In conjunction with this survey, the EU decided on an amendment of community law governing the enforcement of judgements abroad.  This…

Establishment of a company and power of attorney in the form of a notarial deed

By Mgr. Jiří Kučera | 30.3.2015

Capital companies, i.e. limited liability and joint stock companies, are established by a Memorandum of Association, which must take the form of a notarial deed according to Section 8 of Act No. 90/2012 Coll., on business corporations (hereinafter “ABC”). However, having all founders attend a notary at the same time can be administratively demanding and…

Amendment of the Public Procurement Act

By Mgr. Jiří Kučera | 30.3.2015

Act No. 40/2015 Coll., which amends Act No. 137/2006, on public procurement (hereinafter “PPA”) came into effect on 6 March 2015. Among the main changes brought by the amendment is a repeal of the obligation to cancel a tender if only one bid is received or one bid remains, and the ability to continue the award…

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