Constitutional Court on the nullity of the agreements

15.08.2017

In the previous New of our law firm, we presented a
judgment of the Supreme Court in which the Court expressed its opinion that the
contracts are too often declared null and void by the Czech courts. The court
has exhorted that nullity should not be a rule but an exception.

The Constitutional Court has also recently expressed its opinion on the same
problem in two decisions. The Constitutional Court formulated the same
conclusions as the Supreme Court in the decision of 11.07.2017, No. IV. ÚS
3168/16, and the decision of 25.07.2017, No. I. ÚS 34/17.

It is a positive fact that even the highest authority among the Czech courts
clearly asserts the principle of the priority of the validity of agreements,
thereby enforcing the principle of autonomy of the citizens' will.