"Nemo plus iuris" broken

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)

New Regulation of Consumer Credits

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

Electronical evidence of sales

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.

The Assessment of the Adequacy of the Contractual Penalty

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).

The amendment published

On 5 August 2016 was published the amendment of the prescription 340/2013 Col. concerning the real estate transfer tax. The amendment includes important changes, who are specified below. The amendment is becoming effective on 1 November 2016. In the meantime the current regulation is still used in every case.

The most important changes are the following:

-       The acquirer is obligated exclusively himself to pay the taxes.

-       There won’t be any legitimate guaranty.

-       The first transfer of f

New Legal Regulation of Administrative Offences

In the Collection of Laws two new acts regulating administrative offences were published, namely the Act No. 250/2016 Coll., on the Responsibility for the Administrative Offences and the Procedure on it and the Act No. 251/2016 Coll., on Some Administrative Offences. Both acts will come into force on July 1^st, 2017 and they will replace the Act No. 200/1990 Coll., on Administrative Offences.

To the fundamental changes belongs the fact that the Acts will apply not only for the natural persons but also for t

Real Estate Transfer Tax

On 27 July 2016 the President signed an amendment of the prescription 340/2013 Col. concerning the real estate transfer tax. The amendment includes important changes, who are specified below..

ANNOUNCEMENT

Dear business partners,

We use this opportunity to inform you that our colleague Anna Bernardinová leaves our firm as of 1.8.2016. We thank her for the successful cooperation and we wish her a lot of success in her personal as well as her professional life.  

All matters administered by Ms. Bernardinová shall be taken over by Michal Sobota, partner, whom you can contact anytime. Below are his contact details.

Michal Sobota 

sobota@baroch-sobota.cz

T: +420-224211130                       F:+420-22421113

Control and Register of Visitors Entering the Company Premises

The Office for Personal Data Protection (of the Czech Republic) has given a statement regarding the control and register of visitors entering the buildings that  are not intended for regular visits of the public (office buildings, manufacturing facilities etc.).

A visitor entering these buildings can be asked to give a name of the visited person and to provide his identification data such as his first name and surname.

In case of a business meeting he can also be asked to show his service card whose numbe

Appointment of a Guardian of the Limited Liability Company

In case of a managing director's death, resignation or recall from office or upon another termination of his or her office, the general meeting is obliged to elect a new managing director within 1 month.

If no managing director is elected within the above mentioned period, a managing director can be appointed by a court (for a period of time until a new managing director is properly elected). The court is allowed to make such decision only on the basis of a petition of a person having a legal interest ther