Section 6 of the Civil Code, Act No. 40/1964 Coll., stated that an owner had the right to protect its ownership rights by self-help, as follows: “Should there be an immediate threat of the unlawful infringement of a right, the threatened party may avert the infringement itself, in an adequate manner.” The New Civil Code…

A major amendment of the Civil Code, the Act on Public Registers and other legislation that will have a major impact on, among other things, trust funds is currently waiting discussion by the government. The amendment will, above all, introduce mandatory registration of trust funds in a Register of Trust Funds and also regulate the…

On the face of it, a number of connections between executory proceedings under Act No. 120/2001 Coll., the Execution Code (hereinafter “ExC”) and insolvency proceedings under Act No.186/2006 Coll., the Insolvency Act (hereinafter also “IA”) could undeniably be found. Although both these proceedings relate to the debtor’s assets (estate), they have two totally different objectives…

Entrepreneurs who send their employees to another EU Member State to provide services under a contract with a customer (client), have an obligation to provide these employees with the same working conditions as those enjoyed by employees in this Member State, including minimum wage. So, for example, if a Czech entrepreneur sends employees to provide…

On 1 January 2015, an amendment of Act No. 56/2001 Coll., on conditions for the operation of vehicles on the roads came into force, published in the Collection of Laws under no. 239/2013. Among other things, the amendment aims to simplify the paperwork associated with the transfer of motor vehicles. This article examines the practical…

The European Court of Justice (“ECJ”) handed down an important decision in the case of ACI Adam C-452/12, which provides a unifying interpretation of the question of the (un)lawfulness of reproductions for private use when made from illegal sources. 1.  Facts of the dispute The basis for the decision was a dispute between companies importing…

Act No. 89/2012 Coll., the Civil Code (hereinafter “NCC”), which has been in effect since the beginning of the year, has completely changed the established Czech legal environment. One legal institute that the NCC has changed substantially is the institute of compensation for damage. It is therefore appropriate to familiarise you with some of the…

Capital business corporations, i.e. limited liability companies, joint stock companies and limited partnerships must create mandatory registered capital on incorporation.v Common practice when setting up business corporations or increasing the registered capital of these corporations is to make a non-financial contribution to the corporation’s registered capital, usually in the form of real estate property. The…

The court’s ruling on the reimbursement of court costs is an important part of a judicial decision. Thanks to the institute of reimbursement for the costs of proceedings, the successful litigant receives compensation for their court fee, cash expenses and even their attorney’s fee. The costs of legal representation by an attorney may represent a…

In connection with the effect of Act No. 90/2012 Coll., on business corporations (hereinafter “ABC”), a controversial issue has arisen for joint stock companies with registered capital of less than CZK 2,000,000, as to whether they are required to increase their registered capital to the required level of CZK 2,000,000 in connection with the new legislation.…