News

"Nemo plus iuris" broken

27.09.2016

The Supreme Court has just issued a decision in which it has sealed a turn in its decisions (case no. 30 Cdo 2659/2016). It'll keep legitimate to acquire ownership of a property by the subject registered in the Land Registry, but actually no owner (fraud, etc.). The main prerequisite for this is the good faith of the acquirer.


It should be emphasized that the court allows such a rule, even if it was not enshrined in the legislation (it comes to the state before the new Civil Code, that is until 31/12/2013)

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New Regulation of Consumer Credits

20.09.2016

In the Collection of Laws the Act No. 257/2016 Coll., on Consumer Credits, was published. The Act will come into force on December 1st, 2016 and will replace the Act No. 145/2010 Coll., on Consumer Credit and the changes of some acts.

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Electronical evidence of sales

13.09.2016

In april a comletely new law No. 112/2016 Col. concerning the evidence of sales was enacted. This law introduces a new duty for companies accepting cash payments. In the future they have to inform the Financial ministery electronically about these payments.

This duty becomes effective on 1st december 2016 for hotels and restaurants. First from 1st march 2017 it concerns as well wholesale and minor dealing, and from 1st march 2018 it’s going to be basically valid for all departments.

 

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The Assessment of the Adequacy of the Contractual Penalty

06.09.2016

The Supreme Court of the Czech Republic recently dealt in connection with the right of the court to reduce an excessively high amount of contractual penalty with a question of the assessment of adequacy of the contractual penalty for delay with termination of work (decision of June 1, 2016, Reference Number 23 Cdo 4620/2015).

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