News

Contractual penalty newly allowed in case of a lease of a flat

13.07.2020

The amendment to the Czech Civil Code, which entered into force on July 1, 2020, is changing the provision regulating the so-called prohibited stipulations between the lessor and the lessee of a flat.

As the law reflects a special protection of the lessee satisfying his/her housing needs, any contractual penalty was explicitly prohibited until now and the only security to cover debts arising from the lease allowed was to agree the payment of a deposit.

The amendment to the Civil Code cancels the explicit

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Right of pre-emption for the co-owners: re-cancellation effective from 1. 7. 2020

01.07.2020

Historically the pre-emption right of the co-owners used to have its place in the Czech legal order. It was more or less cancelled once the new Civil Code entered into force in 2014. Later there was some dissatisfaction coming from the co-owners of family houses and blocks of flats or perhaps from some “in-groups”, which intended to have right to influence who is going to co-own their real property and it resulted in re-introduction of the pre-emption right.

Unfortunately, the regulation was adopted in suc

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The activity performed at the employee’s own instigation

07.05.2020

The Supreme Court in its judgment issued under file no. 21 Cdo 2034/2019 of 21 January 2020 decided on the employee's appeal, who had suffered an accident at work (injury to the right hand) when operating a wood cutting machine that the employee should not have worked on because he was sent home by his employer. Among other things, the Supreme Court dealt with the questions of whether the employee's activity on the machine on which he should not work (because he was sent home) is the fulfilment of his work

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COVID-19 accelerated legislative changes for digital platforms of the Airbnb type in the Czech Republic

30.04.2020

New obligation introduced for the agencies running the digital platform of the Airbnb type - to inform the municipal trade licensing office, at its request, of the number of concluded contracts for tourism services, the total price for these services, as well as the address of the place where guests stay and to identify the “landlord” using the services of the digital platforms.

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Legal Regulations will come into force only on January 1st or July 1st

21.04.2020

At the beginning of this year an amendment to the Act No. 309/1999 Coll. came into force. In order to increase the clearness of the legal order, it is newly stated that all legal regulations will come into force always on January 1st or July 1st. On another day the legal regulations can come into force only in exceptional cases.

 

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Cybernetic threats while working from home

15.04.2020

Czech Office for Personal Data Protection has summed up und published on its website some rules and recommendation for home-working to minimalize threats and risks while working with IT, mobile communication and webs.

People working from home come out of the secure surroundings of the employer’s structure. Experience shows that employees are less watchful for cybernetic attacks in privacy in comparison with the workplace. But a mistake made here could seriously affect the whole organization.

 

https://ww

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Draft of a New Act on Registration of Beneficial Owners

06.04.2020

The Ministry of Justice of the Czech Republic prepared a draft of a new Act on Registration of Beneficial Owners of Legal Entities. The Draft implements the so called 5th AML directive (Directive EU 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU) that aims to secure that the information regarding the beneficial owners will be published and that introduces penalties in case the obligations regarding the identification of the beneficial owners will not be fulfilled.

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Extensive Amendment of the Business Corporations Act

20.03.2020

On February 13, 2020 an Act No. 33/2020 Coll. that modifies the Act No. 90/2012 Coll., Business Corporations Act, was published in the Collection of Laws. The amendment comes into force on January 1, 2021. This extensive amendment brings a lot of changes regarding the business corporations. In connection with this amendment of the Business Corporations Act also another legal regulations will be amended (for example the Act No. 89/2012 Coll., Civil Code, or Act No. 304/2013 Coll., on the Public Registers of

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The Act on Real Estate Brokering has come into force

09.03.2020

Act No. 39/2020 Sb. dated 19 December 2019 on Real Estate Brokering and on amendments to related acts (Act on Real Estate Brokering) was published in the Collection of Laws on 17 February 2020.

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UK leaves the EU. What will actually change?

04.02.2020

Read article of our colleague Steen Rosenfalck from the London law office, member firm of the Warwick Legal Network as we are. Steen deals with the question what will actually happen after the UK leaves the EU.

 www.millerrosenfalck.com/2020/01/what-will-actually-change-after-the-uk-leaves-the-eu-on-brexit-day/

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