First Amendment of the Civil Code

The first amendment of the Civil, about which preparation we informed you in the past, was published in the Collection of Laws. The amendment will come into force in three phases when the most of the changes will come into force February 28, 2017.

To one of the often discussed topics, that the new Civil Code has brought, belongs the form of the power of attorney for the juridical act in the form of public deed. The Section 441 Subsection 2 of the Civil Code determines that “where a special form is required for juridical acts, the power of attorney is granted in the same form“.

According to the strict interpretation of this provision, a power of attorney in the form of a notarial deed is required for drawing up a public deed, for example notarial deed. In view of the impracticality of such requirement, prevails in praxis the opinion that the power of attorney with notarised signature is sufficient. 

Because of the legal certainty, the above mentioned provision belongs to the amended provisions. The provision will newly explicitly state that in case that a special form is required for a juridical act, a written power of attorney with notarised signature is sufficient.