Waiver of a Security Interest on efficiency of the new Civil Code

The waiver of a security interest was regulated in the Act No. 40/1964 Col., Civil Code, before the 01 of January 2014, and this in detail in the regulation Sec. 170 Subsec. (1) letter c), where the pledgee waives a security interest unilaterally.

In the new Civil Cide no. 89/2012 Col. is the waiver of a security interest regulated in the Sec. 1377 Subsec. (1) letter b) similarly, as it was regulated in the Civil Code effective before the 01 of January 2014.

Requirements on Business Documents

Just as in the Commercial Code (Act No. 513/1991 Coll.), entrepreneurs areobliged to identify themselves properly on their business documents also according to the new Civil Code (Act No. 89/2012 Coll.).

According to Sec. 435 of the new Civil Code, entrepreneurs have to state the following data on their business documents: name (corporate name), registered office and identification number. If an entrepreneur is registered in the Commercial Register or any other public register, he/she shall also state details about this record; in case of the registration in the Commercial Register the designation of the register court, the section and the number under which the entrepreneur is registered shall be indicated.

Obligation to pay the third-party vehicle insurance fee for a non-operated vehicle

The Constitutional Court of the Czech Republic issued an interesting decision on 31st March 2014 concerning the duty of vehicle’s owner to pay the third-party insurance fee for a non-operated vehicle (judgment of ref. No. IV. US 2221/13). 

The subject-matter of the litigation was an action for the payment of the third-party insurance fee for a non-operated vehicle pursuant to the provision of Sec. 24c para. 1 of Act No. 168/1999 Coll. (Third-party Vehicle Insurance Act) which was filed by the Czech Insurers’ Bureau against an owner of such a vehicle. This fee is to be paid if a vehicle is operated without the third-party vehicle insurance paid. 

Free legal consultation –PRO BONO service

We would like to inform you that on 06. Jane 2014 by numbering already the ninth free legal consultation in Salesians centre in Pilsen, in connection with the provision of PRO BONO services, was held. This time the people looked up the legal aid interested in legal consultation in labour law, family law and right of heritage. The next legal consultation will take place on 04. July 2014.

Preconditions of liability for damage is damage, breach of duty and causality between damage and breach of duty; in some cases also these preconditions have to be covered by causing of responsible person. If the damage is caused also by actions of the injured person, in such extent should be excluded the liability of the responsible person. This has practical impacts inter alia in cases of damages by car accidents.

Preconditions of liability for damage is damage, breach of duty and causality between damage and breach of duty; in some cases also these preconditions have to be covered by causing of responsible person. If the damage is caused also by actions of the injured person, in such extent should be excluded the liability of the responsible person. This has practical impacts inter alia in cases of damages by car accidents. 

The binding character of the territorial decision also for a new plot owner

The territorial decision is according to the provision 77 Subsec. 1 of Building Act: decision about placement of building, about the territory usage, about change of influence in the usage of the building on the territory, about splitting or rounding off landed property or about protection zone.

In case, that the buyer got the plot after that the territorial decision in favor of a previous plot owner was issued, is this territorial decision binding also for a new plot owner. If the new plot owner applies for e.g. an issue of building permit, a building authority should not prove to whom was the territorial decision issued, but if the application about building permit is in accordance with this issued territorial decision.

The new amendment of the Trade License Act is being prepared – what will be new?

On Wednesday May 14, 2014 the Deputy Chamber approved the government amendment to the Trade License Act (deputy chamber document No. 85).

The suggested legal regulation will mostly influence the active entrepreneurs or the entrepreneurs, whose last trade license has terminated, in particular, in the area of public data in the trade registry. Some, until today published data about these persons shall be considered non-public data as non-public after the new legal regulation comes into force.

Devices enabling communication of author´s work to the public in business premises

In recent years some collective administrators of author rights (as OSA, OAZA) has been in a large scale turning to companies and persons who provide services in their business premises accessible to the public (hereinafter referred to as “users”) with reminder to pay author royalties (for instance for operation of radio or television).

Impossibility of exclusion or shortening of 20day period within the duty of the cadastral office to inform the owner about the change of the legal circumstances connected with his/her property

The new duty of the cadastral office to inform the owner in the case, that his real estate is effected by the change of legal circumstances, which brought the act No. 256/2013 Col., about real estate cadastre (hereinafter “cadastral act”). This regulation should protect the property owner from fictive betrayal transactions in cadastre.

Right of first refusal according to Section 3056 par. 1 of the New Civil Code (NCC) vs. a flat unit

NCC returns to the principle superficies solo credit, according to which the surface follows the land. It means that if the land-owner is the same as the building-owner, the building becomes a part of the land. If the title to the building is held by a different person than the land-owner, the building will not become a part of the land and will remain a separate piece of real estate..