89/2012 Sb.
LAW
of 3 July 2003. February 2012
the civil code
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
THE GENERAL PART OF THE
TITLE I OF THE
THE SUBJECT OF THE EDIT AND ITS BASIC PRINCIPLES
Part 1
Private law
§ 1
(1) the provisions of the law governing the mutual rights and obligations of the
people create in their summary of private law. The application of the private
rights is independent of the implementation of the rights of the public.
(2) if the law does not prohibit explicitly, can make the person's rights and
by way of derogation from the obligations of the Act; disabled are arrangements that violate the good
morality, public policy or the law relating to the status of persons, including
the right to protection of personality.
§ 2
(1) Each of the provisions of private law can be interpreted only in conformity with the
The Charter of fundamental rights and freedoms and constitutional order at all,
the principles on which this law is based, as well as with regard to the
the values which it protects. Breaks up to the interpretation of the individual
provisions only in his words with this command, he must retreat.
(2) the statutory provisions cannot be attached to a different meaning than what flows from the
the custom the meaning of words in their mutual relation and of the clear intention of
the legislature; No one, however, may not invoke the words of the legislative provision against
his meaning.
(3) the interpretation and application of the law must not be in conflict with good
morals and must not lead to cruelty or harshness offensive to ordinary
human feel.
§ 3
(1) the private right to protect the dignity and freedom of the person and his natural
the right to take their own happiness and the happiness of his family or the people he
nearby in such a manner that does not unreasonably prejudice the other.
(2) the private right is in particular on the principles that
and) everyone has the right to protect his life and health, as well as freedom,
the honor, dignity and privacy,
(b)) family, parenting and marriage enjoy special legal protection,
c) No person shall, for the lack of age of reason or for your addiction
position to incur the unfounded prejudice; No one, however, also must not unreasonably
benefit from their own inability to the detriment of others,
(d)) the promise undertakes and contracts to be fulfilled,
e) ownership is protected by law, and only the law can establish how
right of ownership arises and ceases to exist, and
(f) you cannot deny anyone) what he rightfully belongs.
(3) private law comes also from other generally recognised principles
Justice and the law.
§ 4
(1) it shall be deemed that any svéprávná person has a sense of the average man and
the ability to use it with ordinary care and diligence, and that each of her
can reasonably be expected in the legal trade.
(2) if the law of a particular result dependent on one's knowledge, has
with the knowledge in mind, what's reasonable to acquire a person knowledgeable in the case
considering the circumstances, that she had to be in her position clear. It
shall apply mutatis mutandis, if the rule of law with the existence of some result
the doubts.
§ 5
(1) Whoever publicly or in contact with the other person logs on to vocational
the performance of a profession or as a State, gives the clear
that is capable of acting with the knowledge and care, that is, with its
occupation or status is linked to. If without this professional care, it goes to the
its chargeable.
(2) against the will of the parties concerned cannot call into question the nature or validity of
the legal negotiations just because the person who has acted for its activities
the necessary permissions, or to whom the activity is prohibited.
§ 6
(1) everyone has the obligation to act in a legal trade fair.
(2) no one may benefit from his dishonest or unlawful act.
No person may benefit from the infringement that raised or above
which has control.
section 7 of the
It is considered, that the one who acted in a certain way, acted honestly and in
good faith.
§ 8
The apparent abuse of rights does not enjoy legal protection.
Part 2
The use of the provisions of the civil law
§ 9
(1) the Civil Code regulates the personal status of persons.
(2) Private rights and obligations of personal and proprietary nature shall be governed by
the civil code to the extent that they are not edited by other legal
provisions. To practice, you can look at that, if they relied on the law.
§ 10
(1) If a legal case to decide on the basis of explicit provisions,
shall be assessed in accordance with the provisions concerning the legal case to
the content and purpose of the investigation to the legal case of the nearest.
(2) if there is no such provision, the legal case in accordance with the principles of
Justice and the principles on which this law is based, so as to
It was with a view to the practice of private life, and taking into account the
the status of the legal doctrines and established practice for good arrangement
rights and obligations.
§ 11
General provisions on the establishment, change and the extinction of the rights and obligations of undertakings
in part four of this law shall apply mutatis mutandis to the emergence, change and
the demise of other private rights and obligations.
Part 3
Protection of private rights
§ 12
Anyone who feels in their right truncated, can claim the protection of the
the authority executing public authority (hereinafter referred to as "public authority").
If it is not provided for in the Act of something else, this is a public authority
the Court.
section 13
Everyone who seeks legal protection may reasonably expect that his
the legal case will be determined similarly as another legal case, which has already
He was determined and that with his legal case in the essential
characters; If the legal case was decided otherwise, everyone who seeks the
legal protection, the right to a convincing explanation of this derogation.
§ 14
Self help
(1) everyone can help in a proportionate manner to his law alone, if the
his right and if it is clear that the intervention of the public authorities came
late.
(2) if there is an unauthorized interference into law immediately, it can be any,
who is at risk, to avert the efforts and resources that the person in
its position must seem as reasonable under the circumstances.
When, however, the self-help just to ensure the rights, which would be otherwise
frustrated, the one who stepped up to her, without undue
the delay to the competent public authority.
TITLE II
The PERSON
Part 1
General provisions
§ 15
(1) Legal personality is the capacity to have rights within the limits of the rule of law and
obligations.
(2) the Patient's eligibility to acquire for themselves their own legal
acts of law and commit to the obligations (legal Act).
section 16 of the
Legal personality nor mom, no one can give up or in part;
If so, be taken into account.
§ 17
(1) the rights may have and exercise just the person. Obligation can only store
person and only against it can enforce the obligation.
(2) Establish if anyone right or imposes a duty to do what the person is not,
added the right or obligation of a person according to the nature of the legal
the case belongs.
section 18
The person is a natural person, or legal.
§ 19
(1) every person has innate common sense and sense of itself already knowable
natural rights, and therefore is considered a person. The law lays down only the limits
application of the natural rights of man and the way of their protection.
(2) natural rights associated with the personality of a man cannot be disposed of and cannot
many of them give up; If so, be taken into account. No to the
restriction of these rights, to the extent that is contrary to law, morality or
public policy.
section 20
(1) a legal person is an organized service, for which the law provides that
has legal personality, or whose legal personality recognised by law. Legal
a person may, without losing sight of the subject of its activities have rights and obligations,
that combined with its legal nature.
(2) a legal person of public law are subject to the laws under which they were
set up; the provisions of this law shall apply only if the combines
with the legal nature of such persons.
section 21
The State is in the area of private law, considered to be a legal person. Another
the legislation sets out how the State legally.
section 22
(1) a person nearby is relative in the ascending line, sibling and spouse or
partner under another law governing a registered partnership (hereinafter
the only "partner"); another person in the family or a similar ratio is considered
a person close to each other, if the injury sustained by one of the
the second reason, she felt like the injury of his own. It is considered that the
the persons loved ones are even sešvagřené, or persons that permanently
they live.
(2) lays down the law for the protection of third parties special conditions or
restrictions on transfers of assets, for his load or abandonment of the use of the
another of those loved ones, subject to the following conditions and limitations for
a similar meeting between the legal entity and a member of its
the statutory authority or the legal person significantly affects the
as a member, or on the basis of the agreement or any other fact.
Part 2
Physical persons
Section 1
General provisions
section 23
The person has a legal personality, from birth until death.
section 24
Each person is responsible for their actions, if it is assessed and
dominate. Who will own the fault will bring to the State, which would otherwise be considered
his action was not responsible, shall be responsible for the negotiations in this State made.
§ 25
The child is conceived as the already born, if it complies with its
interests. It is considered that the child was born alive. However, if born
live, gazing at them, as if they had never been.
section 26
Proof of death
(1) the death of a man showing public Charter drawn up after
viewing of the body of the dead laid down the way.
(2) If you cannot see the body of the dead laid down the way, declares
man dead, even without the Court, if the person was involved in such
the events of his death due to the circumstances seems certain. In
the decision shall specify the court day, which pays for the day of death.
section 27 of the
If the legal result depends on the fact that the man had survived
another person, and if not, which of them died first, it is
for that, they all died at the same time.
section 28
(1) if it is not known where the man died, it is considered, that it happened there,
where his body was found.
(2) the place, where he died a man declared dead, this is where
the last time he stayed alive.
section 29
Change gender
(1) Change the sex of a person occurs surgery while
preventing reproductive function and reproductive organs. It is considered that,
that date changes gender is the day referred to in the certificate issued by the provider
health services.
(2) change of gender has no effect on the personal status of a man, even on his personal
and equity ratios; However, the marriage or registered partnership
shall cease. On the obligations and rights of men and women, whose marriages
the child disappeared, and their property and obligations
rights at the time after dissolution of marriage shall apply mutatis mutandis to the provisions of
duties and rights of divorced spouses to a common child, and about the
their duties and rights of property in the period after the divorce; Court
Decides, even without the draft, how will each of the parents of the future
the common child care.
section 30
Legal age
(1) Fully sane one becomes zletilostí. The age of majority shall
the culmination of the eighteenth year of age.
(2) before the age of majority is full of mom takes confession
mom, or marriage. Responsibility acquired by closing
the marriage will lose the run-off of the marriage, or the Declaration
a marriage.
Minors
section 31
It is considered that any minor who was not full, mom,
eligible for legal acts in the nature of an adequate intellectual and volitional
the maturity of the minor to his age.
§ 32
(1) has been granted a legal representative of the minor, who was restless and full of
mom, in conformity with the practice of the private life of consent to
a legal act or to achieve a certain purpose, is a minor
able to, within the limits of consent itself legally Act, if it is not the law
specifically prohibited; the consent may be limited and subsequently taken back.
(2) if the legal representatives more will take effect with respect to third party
will at least one of them. If, however, against the other person more representatives
together and are contrary to, no to any of them.
section 33
(1) shall be granted if the legal representative of the minor, who was restless and full of
mom, the consent to the operation of the business establishment or
to other similar gainful employment, it becomes a minor be eligible to
the negotiations, which are associated with this activity. To the validity of the consent shall
requires the přivolení Court.
(2) Přivolení the Court replaced the condition of a certain age, if it is established
for the performance of a particular economic activity to other law.
(3) the consent of the legal representative may appeal only with the přivolením of the Court.
§ 34
Dependent work of minors less than 15 years old or minors,
who did not complete compulsory education, is prohibited. These minors
can perform only the artistic, cultural, advertising or sporting
activities under the conditions laid down by the other law.
section 35
(1) a minor who turned fifteen years old and ended compulsory school
attendance, may commit to the performance of work under a different legal dependent
the prescription.
(2) the legal representative of a minor who has not reached the age of sixteen years,
can untie his employment or contract for the execution of the work
establishing between the employee and the employer a similar undertaking if
This is necessary in the interest of education, development or health of a minor,
in the manner prescribed by other legislation.
section 36
A minor who was not full, mom is never, regardless of
the contents of the other provisions, eligible to act independently in the
matters, which would be his legal representatives needed přivolení
of the Court.
§ 37
Mom returns
(1) If a minor who is not fully svéprávný to the Court
He admitted responsibility, the Court proposal, if the minor has reached the age of
16 years old, if it is certified by his ability to support himself and
obtain your Affairs and agrees, if the legal representative
the minor. In other cases the Court passes the proposal, if it is of the
serious reasons, in the interests of the minor.
(2) under the conditions laid down in paragraph 1, the Court shall grant a minor
responsibility and on the suggestion of his legal guardian, if a minor with
agrees.
Section 2
Support measures for breaches of the ability to act legally zletilého
Preliminary statement
section 38
In anticipation of its own incapacity to act a person can legally take effect
the will to have its affairs to be managed in a particular way, or that the
It is managed by a specific person, or a person to become his
guardian.
section 39
(1) if the statement does not have the form of a public instrument, must be made
a private Charter bearing the date and confirmed by two witnesses; the witness of the
the information in the certificate itself shall indicate, in accordance with which it can be determined.
(2) Witnesses may be just the person to whom the statement and its contents
have no interest in and are not blind, deaf, dumb or not familiar with the language, in the
which the Declaration has been made. The witnesses must sign the Declaration and be
able to confirm the ability to negotiate terms and the contents of its
the Declaration.
(3) if the content of the statement, obtained by public deed determining who
the State has a guardian, the person who drew up the authentic instrument, writes the data
about who took the statement, who is called a guardian and who
public deed, the Chambers wrote the list maintained pursuant to another
the law.
section 40
(1) if the Declaration of a blind person, or a person who cannot or cannot
to read or write, the Declaration must be read aloud, which
the statement did not write. A blind person, or a person who cannot or cannot read
or write, before witnesses confirm that the Charter contains his true will.
(2) if the Declaration of a person with sensory disabilities, who cannot read
or write the content of the Charter must be tlumočen in such a way
communication, which has chosen, and this witness, that the declarations did not write;
all witnesses must control the way of communication, which is the content of the
instrument tlumočen. Who makes the statement, acknowledge before witnesses chosen
way of communication, that the Charter contains his true will.
§ 41
(1) to appeal the Declaration requires the explicit manifestation of will made in the
the form prescribed in § 39, paragraph. 1.
(2) destroy the instrument containing the Declaration of the one who is made, it has
effects of revocation.
section 42
If a declaration other issues than the profession of a guardian, and if the
the effectiveness of the Declaration is bound to the condition, shall decide on the condition
the Court.
§ 43
Changes if circumstances clearly so significantly, that the man who
the announcement was made, would be in such circumstances is not made or is
made with different content of the Court a statement changes, or Cancel if you would
otherwise, the person who made the statement, threatened material injury. Before
the release of the decision of the Court shall make the necessary efforts to see the view
the man, whose declaration decides, even using such
the method of communication that one chooses.
§ 44
If the statement or his appeal not valid, the Court shall take into account to them,
If there is no reason to doubt the will of the one who is made.
A major thing when deciding
section 45
If a person needs a major thing when making a decision, because his mental
the disorder is causing problems, though it may not be restricted in mom, can
with the proponent of, uh, the granting of aid; 's power base may be even more.
section 46
(1) the Treaty enabling the proponent commits to the recipient with the
his consent in his legal proceedings, he shall ensure that the
information and communication, and that he will be assisted by councils.
(2) the contract shall take effect on the date when it will be approved by the Court. If the contract is not
concluded in writing, the parties are required to reflect the will of the
enter into a contract before the Court. The Court does not approve the contract, contrary to the interests of the
proponent interests supported by the.
section 47
(1) the Proponent must not jeopardise the interests supported by improper influence,
even at the expense of a supported reason to enrich.
(2) the Proponent shall proceed in carrying out their duties in accordance with the
supported decisions. If supported by the legal acts in a written
the form, the proponent may join your signature indicating their function,
where appropriate, with an indication of the support provided by the recipient; proponent
It also has the right to argue the nullity of legal negotiations supported.
section 48
The proposal supported by the Court of appeals or the proponent proponent; Court
even in the case of appeals, that the proponent of a seriously violate their obligations, and even
without a proposal.
The representation of a member of the household
section 49
(1) If a mental disorder zletilému, which has no other representative,
separately legally Act, it may be represented by his descendant, ancestor,
a sibling, spouse or partner, or a person who is represented by the living
before the creation of the representation in the household for at least three years.
(2) the representative can be represented on a note that he will represent, and
clearly explain to him the nature and consequences of the representation. If he refuses it
man, that has to be represented, representation does not arise; to reject
will the ability to manifest desires.
section 50
To the creation of the representation, requires the approval of the Court. Before the release of the
the decision of the Court shall make the necessary efforts to ascertain the opinion of the represented,
and even for the use of such a method of communication, which represented
chooses.
section 51
The representative shall ensure protection of the interests of the represented and the fulfilment of his rights and of the
to the way his life was not in conflict with his abilities and that,
If this cannot be reasonably disagree, and the specific expectations and answered
the wishes of the represented.
section 52
(1) the representation relates to the usual matters, as it corresponds to the
the circumstances of the represented. However, the representative is not entitled to grant
consent to intervention in mental or physical integrity of a person with permanent
the consequences.
(2) a representative may dispose of the revenue represented to the extent necessary
for procuring the usual matters, as it corresponds to the conditions
the represented; with the funds on the account represented may, however,
handled in a range not exceeding the amount of the monthly subsistence level
individuals under other legislation.
section 53
If the represented more representatives, it is sufficient, if it is one of them.
If, however, against the other person more representatives together and are contrary to,
No to any of them.
§ 54
(1) the representation of the lapse, if it renounces representative or if represented
he refuses to represent him on the shortcut; It is sufficient to reject the ability to
manifest wishes. Representation also lapses if the Court shall appoint a
represented by a guardian.
(2) If a contract for aid in decision-making, extinguished
the representation of the effect of the Treaty in so far as it is represented by qualified
legal act.
Limitations of mom
section 55
(1) to limit the mom can be accessed only in the interest of the person to which the
It concerns, after his views and with full recognition of his rights and his personal
uniqueness. Must be carefully taken into account the scope and degree of
the inability of a man to take care of their own affairs.
(2) to limit the responsibility of man can only be threatened if he would otherwise
serious injury and may not be sufficient if given his interests more lenient and less
the restrictive measures.
section 56
(1) Restrict patient man may only court.
(2) the Court shall make the necessary efforts to find out the opinion of a man on whose
mom decides, even using such a method
communication, that person's choice.
§ 57
(1) the Court may restrict the responsibility of man in the extent to which the person is not
for mental disorder, which is not just a temporary, able to legally Act, and
define the range in which the eligibility of the person individually legally Act
limited.
(2) If a person Has difficulties to communicate with, it is not in itself a reason to
restrictions, mom.
section 58
The Court may, in the course of the proceedings on the restriction to entrust to a third party, mom
make certain the individual legal acts or property management
If it is necessary to avoid serious injury.
section 59
The Court may limit the patient in connection with certain issues on the
the time necessary for its execution, or otherwise specified a period of time,
up to three years; the expiry of the legal effects of the restrictions
cease to exist. If, however, begins at this time, the procedure for extension of the period
restrictions, insist the legal effects of the original decision until the release of the new
the decision, however, not more than one year.
section 60
If circumstances change, the Court of its decision without delay, amend or
and even without the proposal.
section 61
If the Court decides about the limitations of man, mom can a person authorized
authorized for the guardian suggest that the guardian was appointed;
If the proposal fails, the Court finds her opinion. If this person
eligible for custody, the Court, with the consent of the guardian
his name.
section 62
The decision to limit the court appoints a guardian to a man, mom.
When choosing a guardian, the Court shall take into account the wishes of the opatrovance, to his
the need to mobilise the people opatrovanci the nearby, watching his
benefit of, and shall ensure that the selection of guardian where distrust of opatrovance
to opatrovníkovi.
section 63
Guardian cannot designate the person legally incompetent to act or
the person whose interests are in conflict with the interests of the opatrovance, or
the operator of a facility where opatrovanec resides or of which he provides
services, or person dependent on such devices.
section 64
The decision on the limitation of human rights alone, mom does not relieve
legally Act in common matters of everyday life.
section 65
(1) if the opatrovanec Acted alone, although he could not act without a guardian,
its legal negotiations can be annulled only if his injury.
However, if it is sufficient to remedy the only change in the range of opatrovancových obligations,
the Court shall do so without is bound by the proposals of the parties.
(2) if the opatrovanec Acted alone, although he could not act without a guardian,
opatrovancovo shall be deemed valid if the negotiations is the guardian
has approved. This also applies in the event that such legal acts approved by the
acting alone after they became mom.
Section 3
Nezvěstnost
section 66
(1) a court may declare a missing person who svéprávného
He left his residence, he has not submitted a report on its own and it is not known where the
resides. The Court shall indicate in the decision the day arose from the effects of the Declaration
nezvěstnosti.
(2) the Declaration missing can happen on the proposal of the person on
has a legal interest, and in particular of the husband or other close persons,
co-owner, the employer or corporation which has this man
participation.
§ 67
(1) when assessing the conduct to which it is otherwise necessary consent,
přivolení, cast the voice or another venue of the person declared
with this missing, need to be taken into account; However, this does not apply, if the
a matter of his personal status. Who it is, touching the matters
missing, they must do so, even taking into account its interests.
(2) the legal negotiations, which occurred without the consent of or other
the necessary expression of the will of the reported missing after he left his place of residence,
but before he was declared missing, although this statement
It has been designed without undue delay, seen as negotiations made
with the issue of the decision, which has been declared
missing.
section 68
Return-if a man declared missing or if the administrator
his fortune, missing the Declaration shall cease to have effect. The Declaration
the effects and shall cease on the date on which the day of the death of missing.
§ 69
Who was declared missing, can't argue invalidity or
the ineffectiveness of legal acts taken in his absence, to which
the effects of such a declaration was considered, for that is when one manifestation of his
will not require.
section 70
If the missing declared one who established his manager
assets, not affect the rights and obligations established by the administrator. It
does not apply if the administrator is not known, refuses to act in the interest of
missing, their negotiations in the interest of the missing, or neglects to act
not at all.
Section 4
Presumption of death
section 71
(1) on the proposal for a person who has a legal interest in it, the Court shall declare a
the dead man, that can be reasonably considered that died, and specifies the day,
that is deemed to be the day of his death.
(2) A person who has been declared dead, with the visor, as would
He died. A statement from the spouse for the dead on the day of the marriage shall cease,
considered to be the day of his death; the same applies to registered partnerships.
section 72
If a person was declared missing, and where the circumstances of a serious
doubts as to whether it is still alive, although his death is not clear, it can
the Court declared him dead at the suggestion of the person, that it has the legal
interest, and specifies the day that missing apparently survived. It is considered that the
This day is the day of the death of the missing.
section 73
The man, who was declared missing, can be declared dead
soon as possible after the expiry of five years counted from the end of the year in which the
missing Declaration. However, this cannot be done, if in the course of the
This time, the message from which you can judge that the missing are still alive. In
such a case, proceed under section 74 or 75.
§ 74
(1) a person who became missing by leaving his place of residence,
He has not submitted a message about yourself and it is not known where he is staying, but not
missing declared dead, can be declared as soon as possible after the expiry of the
seven years after the end of the year, in which appeared the last message, which can be
to conclude that he was still alive.
(2) a person who became missing before the age of 18
age cannot be declared dead before the end of the year in which it expires
twenty-five years after his birth.
§ 75
The man who became missing as a participant in the event, which was in the
the threat to the life of a greater number of people, can be declared dead as soon as possible after
the expiration of three years from the end of the year, in which appeared the last message from the
which one can conclude that during these events was still alive.
§ 76
(1) If a person Was declared dead, it does not exclude evidence that he died
sooner or later, or that he is still alive. If it finds that the
alive to the Declaration for the dead; marriage or
registered partnership, however, does not restore.
(2) if done wrong proof of death, paragraph 1 shall apply mutatis mutandis.
Section 5 of the
The name and domicile of the person
The name of the person and its protection
§ 77
(1) the name of a man is his personal name and surname, or its more
name and maiden name, which by law belong to him. Each person has a
the right to use your name in the legal trade, as well as the right to protection
your name and the reverence for him.
(2) a person who is used in the legal trade name other than your own,
bears the consequences of error and injury resulting from it.
§ 78
(1) a person who was without prejudice to its right to challenge a name or
who has suffered injury for unauthorized intervention in this law, in particular
unauthorized use of the name, can claim to be from unauthorized
the intervention of abandoned or removed its result.
(2) if the absent, or if it is missing, or nesvéprávný
If from other causes of exercise the right to the protection of his name alone,
can it assert its ancestor, descendant, spouse, or partner, unless the
the svéprávný, though, put explicitly clear that it does not wish to.
(3) If an unauthorized intervention of surname and is the reason for it
consisting in an important interest in the protection of the family, the protection of
Sue self spouse or other person to the nearby, even if the
their rights to the name were not directly affected.
section 79
The pseudonym
(1) a person may, for the scope of their activities or even for private intercourse
at all to adopt a pseudonym. Legal acts under the pseudonym does not prejudice the
force, if it is clear who has acted, and if the other party to have
doubt about the person acting.
(2) If a pseudonym, enjoys the same protection as the name.
§ 80
Residence
(1) a person residing in a place where it resides with the intention of living there with
subject to changes of circumstances permanently; such intention can result from its
the Declaration or of the circumstances of the case. If a person observes as his place of residence
a place other than their actual residence, can reach its
the actual place of residence. Against anyone who in good faith of that dovolá
the place, one cannot argue that it has its actual place of residence in another
the spot.
(2) If a person does not have a residence, it considered them the place where he lives.
If you cannot find such a place, or if it is just to find out with the neúměrnými
the difficulties of residence shall be the place where a person has a property,
where appropriate, the place where he had a residence for the last time.
Section 6
Human personality
Subsection 1
General provisions
§ 81
(1) the human personality is protected, including all his natural rights.
Everyone is obliged to respect the free decision of a man to live according to her.
(2) Protection shall be accorded, in particular, the life and the dignity of man, his health and
the right to live in a favourable environment, his esteem, honor, privacy
and his expressions of personal nature.
section 82
(1) a person whose personality was affected, has the right to claim that
It was from an unauthorized intervention of abandoned or removed his
result.
(2) after the death of the person the protection of his personality may sue any of the
people close to him.
section 83
(1) If an unauthorized intervention in personality with its activities in the
a legal person, the right to the protection of his personality to apply this
legal person; During his life, however, only his name and with his
the consent. If a man is not able to demonstrate the will for a absences or
for the inability of the judgment, there is no consent needed.
(2) after the death of a person is a legal person can claim that from the
unauthorized intervention was abandoned and its consequences have been removed.
Subsection 2
Form and privacy
§ 84
To capture the human form in any way so that, in the view of
It was impossible to determine his identity, is possible only with his consent.
§ 85
(1) Expand the form of humans is possible only with his consent.
(2) if someone Consents to show his form in the circumstances from which it is
Obviously, that will be distributed, that she consented to its reproduction and
the expansion in the usual way, as he could given the circumstances
reasonably be expected.
§ 86
No one may interfere in the privacy of another, does not have a legal reason to do so.
In particular, it cannot be without the permission of a person to undermine its private spaces,
keep track of his private life or take about audio or video
entry, use, or other such recordings of private life
person by a third person, or such records about his private life
spread. In the same range are protected and private personal documents
nature.
§ 87
(1) Who consented to the use of documents of a personal nature, portraits, or
sound or image recording concerning the man or his speeches
of a personal nature, may revoke the permission, even though it is granted for a certain period.
(2) if the permission Was granted for a certain period without obligation
justifying a substantial change of circumstances or any other reason, it replaces the
the appellant any damage resulting from this person, that permission has been granted.
section 88
(1) Permission is not necessary if a portrait or an audio or video
the record takes, or apply to the exercise of the other rights or the protection or
the law protected the interests of other persons.
(2) Permission is not even in the case when the effigy, the document
of a personal nature, or sound or video recording or apply to buys
the basis for the official purpose of the Act or, in the case that someone publicly
in matters of public interest.
§ 89
The effigy or an audio or video recording may, without permission from the person
also edit or use in a reasonable manner to scientific or
artistic purpose and for print, radio, television or similar
the news.
§ 90
The legal reason for the invasion of privacy of another, or to use his
portraits, documents of a personal nature or sound or image
the record must not be used inappropriately interfere with the legitimate
the interests of the person.
Subsection 3
The right to mental and physical integrity
§ 91
Man is untouchable.
section 92
(1) the human body is under legal protection after the death of the man. To deal with the
human remains and with human remains in a way for the deceased
disgraceful is prohibited.
(2) if human remains are stored at the public burial ground,
the issue of the right of a person, that person before his death expressly
the device; otherwise, the child gradually his spouse or parent, and if none of the
them or refuse to take over the remains, is his heir.
Intervention in the integrity
§ 93
(1) in addition to the case provided for by law no one may not intervene in the integrity of the
another person, without his consent, knowing about the nature of the intervention, and
about its possible consequences. If anyone agrees, to have been caused by
serious injury, to be taken into account; This does not apply if the action by all
circumstances required in the interest of life or health.
(2) the legal representative may give consent to the intervention to the integrity of the
represented, if it is for the direct benefit of a person who is not able to
give consent alone.
§ 94
(1) who wants to perform the surgery on another man, explain him clearly
the nature of this procedure. The explanation is duly filed, if it can reasonably be
assume that the other party understand the method and purpose of the procedure, including the
the expected consequences and the possible danger to their health, as well as this,
that comes into consideration, where appropriate, and a different procedure.
(2) if the consent Granted for another of his legal representative, shall be
the explanation of it, who should be subjected to the procedure, if it is capable of judgement,
the ability of the appropriate explanation to understand.
section 95
A minor who is not fully svéprávný may in the usual matters
give consent to the treatment on his body, also alone, if it is reasonable
intellectual and volitional maturity of the minors his age and if it is about
intervention streak-free permanent or fatal consequences.
section 96
(1) consent to the intervention to the integrity of the human being requires written form,
If it is to be part of the body, which is no longer restored.
(2) the written form requires the consent of the
and medical experiment) a person, or
(b)), the State of health of the surgery that does not require a person; This does not apply,
If this is about cosmetic surgery, streak-free permanent or serious
the consequences.
§ 97
(1) Granted consent can be revoked in any form, even if for the
consent requires the written form.
(2) does not require a written consent form, it is considered that it was
granted. Uncertainty as to whether the consent was revoked in other than written
the form, it is considered that the appeal did not occur.
§ 98
(1) If a person Cannot give consent for inability to demonstrate the will, even though
only temporary, and does not have a legal guardian consent is required
the present spouse, parent, or other person nearby. If it is not present
None of these persons, the consent of the husband, and if not, consent
the parents or other persons nearby, if you can find out without difficulty and
reach you, and if it is clear that there is no risk of default. If it is not
possible to obtain the consent of any of the above ways, the consent of the
grant the other person, the person concerned shall certify that the extraordinary
interest.
(2) When the surgery even when consent taking into account the previously
made known the wishes of a person whose integrity has to be exposed.
§ 99
If a man's life in a sudden and patrném risk and if you cannot consent in
a State of emergency to obtain even in other than the specified form can be instantly
step in, if it is in favour of the health of the person concerned is necessary.
§ 100
(1) if it is to be exposed to the integrity of a minor who had reached fourteen
years, regained full mom and that surgery really contradicts, though
legal representative with the surgery, the surgery cannot be performed agrees without
the consent of the Court. This also applies in the case of the implementation of the procedure on the adult
a person who is not fully svéprávná.
(2) if the legal representative does not agree with the interference to the integrity of the person
referred to in paragraph 1, if it's this person wishes to perform the procedure on
its design or on a proposal from the person in her only with the consent of the Court.
§ 101
If it is to be exposed to the integrity of the man incompetent judgment in a way
zanechávajícím persistent, unavoidable and serious consequences or the way
associated with a serious danger to his life or health, surgery
only with the přivolením of the Court. This is without prejudice to the provisions of section 99.
§ 102
The Court přivolí to the procedure under section 100 or 101, if the person concerned in accordance with
reasonable discretion to benefit after its views and with full recognition of
her personality.
section 103
If it has been exposed to the integrity of a man who was in a State where he could not
to assess what is happening to him, and didn't give the consent to the surgery itself, he must
be, as soon as his condition allows it, explained in a way that will
able to understand what the surgery was performed on him, and they must be instructed in the
its possible consequences and the risk of non-execution of the procedure.
Subsection 4
The rights of man, taken to a medical institution without his consent
section 104
Take a man without his consent to the establishment of the health
care or in him without his consent to hold can only be due to established
by law, and on condition that the necessary care of his person cannot ensure
a more moderate and less restrictive measures. Submission of the proposal to limit the
mom does not constitute, in itself, a reason to be a man without his
consent to such a device taken or held in it.
§ 105
(1) If a person Is taken to a facility providing medical care or
If it is kept, it shall notify its legal representatives, or opatrovníku
proponents and the husband or another known person without delay in
provider of health services; notification of the husband or other person
do not, however, in, if it has been disabled.
(2) the assumption of human resource health care facility shall notify the
provider of health services within 24 hours of court; This also applies in the
the case, if one is in such a device. The Court made
the measures shall decide within seven days.
Section 106
(1) the provider of health services shall ensure that the person taken over
in the health care establishment or boarded in such
the device received without undue delay the proper explanation of his
legal status, legal reason given measures and options
legal protection including the right to choose the agent or fiduciary.
(2) an explanation of the will so that he could understand enough to man and
to realize the nature of the action taken and its consequences; If such
the person of the legal representative, the guardian or the proponent, shall be
the explanation also without undue delay.
§ 107
(1) if the person of the agent or fiduciary, shall notify the provider of the
health services made to measure agents or důvěrníkovi without
undue delay after learning of them.
(2) the Trustee may apply for the benefit of a person on their behalf all his
rights arising in connection with its takeover in the appropriate device
or with his possession of such a device. The same rights as the trustee has
proponent.
section 108
Who has been to a facility providing medical care taken or who is in the
It held, have the right to discuss with your agent, confidant or
proponent of own affairs in a personal conversation and without the presence of
of third parties.
section 109
(1) a person taken to a facility providing medical care or
held in such facilities has a right to his State of health, health
documentation or representations about inability to physician judgment and
reflected the wishes of the doctor examined separately the independent providers
health services at this facility and its operators. The same
the right has also the confidant or proponent.
(2) If a right of scrutiny applied before the Court
Decides, pursuant to section 105, paragraph. 2, must be given its performance, so that the Court
evaluate the results of the review in the proceedings on the admissibility taken
the measures.
section 110
If the Court has decided on the admissibility of the measures taken is approved by
forced to stay in a facility providing medical care, but that will not alter
the right to refuse a particular procedure or treatment performance.
Subsection 5
Management of parts of the human body
section 111
(1) a person to whom the part of the body has been taken away has the right to learn how it
It was loaded. To deal with the odňatou parts of the human body in a way for
person or endanger the disgraceful way the public health
prohibited.
(2) the Odňatou part of the body of man during his life can be used for the purposes of
medical, scientific, research, or if you gave consent to do so. To
the use of the withdrawal of a part of the body of a man for the purpose by its nature is abnormally
his explicit consent is always required.
(3) what is the origin of the human body, shall apply mutatis mutandis, what about the parts
of the human body.
section 112
A person can leave part of your body to another only under the conditions
laid down in another regulation. This does not apply, if it is about the hair
or similar parts of the human body that can painlessly remove without
anesthesia and that the natural way of renewing; You can leave the
another even for reward and looking at them as item of movable.
Subsection 6
The protection of the human body after death of man
§ 113
(1) a person has the right to decide how it will be after his death, loaded with his
the body.
(2) perform an autopsy or use the human body after death a person for the purposes of
medical science, research or for educational purposes without the consent of the deceased
You can only if so provided by law.
section 114
(1) a person is entitled to decide what is to have the funeral. Does not result in a
This decision, decides about his funeral, the deceased's spouse, and
If it is not, the children of the deceased; If not, then decide to parents and
If not, the siblings of the deceased; If you do not live, then they choose their
children, and even if it is not there, then any of the persons close; If none of the
such persons shall then decide the municipality in whose territory the person died.
(2) the costs of the funeral and burial arrangements shall be paid from the estate. If
Presley's estate is not enough to cover the costs of the way the funeral, what's
late wish must be buried at least decent manner according to local
practice.
(3) Other legislation sets out how and at whose cost will be
buried a man whose estate is insufficient to cover the costs of the funeral and
If there is no one willing to pay the costs of the funeral.
section 115
If a man dies, without the consent of the autopsy take effect or with the use of their
the body after death in the manner referred to in section 113, in carrying out autopsies or with
such use of his body.
section 116
Who agrees that after his death his body was pitváno or used
way under section 113, writes his opinion to the register kept by the
another legal act; This consent can be reflected in the public
the Charter, or to the provider of health services with the effects on
This provider.
section 117
Agree with post or to the use of their body after death for the needs of
medical science, research or educational purposes, you can appeal. Revoke a
consent of the person in the medical device, you may do so by a declaration in the
the written form.
Part 3
Legal persons
Section 1
General provisions
§ 118
Legal person having legal personality from its inception to its demise.
section 119
Legal persons shall keep reliable records of their assets,
Although they are not obliged to keep accounts pursuant to other legislation.
Public registers of legal entities
§ 120
(1) the public register shall be a legal entity at least writes day
its inception, the day its cancellation, stating the reason and the rule of the day
its demise, as well as the name, address of the registered office and the subject of the activity,
name and address of residence or registered office of each Member of the statutory body
together with an indication of the way in which this body of a legal person shall represent,
and information on the date of the creation or dissolution of their function.
(2) Other legislation provides what are public registers
legal persons that legal persons to be entered and how, or
that additional information to them concerning legal persons entered, and how
them erased or whether it is part of the public registry, a collection of
of the instruments. Public registers of legal entities are accessible to everyone;
each of them may inspect and take copies of them or extracts
a copy of the.
(3) if the registered the fact, shall notify the registered person or one who
It imposes a law change, without undue delay, which the public
Register leads, and that this change in the public register without undue
delay writes.
§ 121
(1) against a person who is legally registered to důvěřujíc data
the public register, is not one to which the registration applies, the right to argue that the
the registration does not correspond to reality.
(2) if the information Was registered in the public register is published, it cannot
No one after the expiry of 15 days from the publication of the call that the published
the data could not know. The published information does not match the registered data,
cannot be the one to which the information relates, to the other person call published
data; If, however, that it was known, may be registered against her
one could argue that the published information does not correspond to a registered.
The establishment and formation of a legal person
§ 122
Legal person can establish a legal act, a provision of the law,
by a decision of a public authority, or in any other way, that
provides another piece of legislation.
section 123
(1) the articles of Association of the legal negotiations will determine at least the name, the seat of the legal
the person, the subject of the activity, what is the statutory body of the legal person and how
is created, unless otherwise provided by this law. Specifies whether or not, who are the first
members of the statutory body.
(2) For the establishment of legal negotiations requires the written form.
section 124
Unless, at the time the legal person establishes, that is
established for an indefinite period.
section 125
(1) the More the founders based the legal person or by the adoption of the articles of Association
the conclusion of other agreements.
(2) the law shall determine in which cases can be a legal person to establish and
the legal act of one person contained in the articles of the Charter.
§ 126
(1) a legal person shall arise on the date of registration in a public register.
(2) If a legal person established by law, the date of his
effectiveness, unless the law a day later.
(3) the law lays down, in which other cases is not to write to the public
the register needed for the formation of the legal person. The law provides that
cases to the Foundation or to the formation of the legal person needed
the decision of the public authority.
§ 127
Legal person can act on its behalf before its emergence. Who
Thus, it is from this meeting entitled and obliged itself; If it is more
people are entitled to, and be bound jointly and severally. Legal person
can the effects of these negotiations for yourself in the three months since its inception
take over. In this case, is entitled to and from these meetings
committed from the beginning. If it is, it will give other interested know that
has done so.
§ 128
After the formation of the legal person cannot sue to determine that, and
cannot be the reason to cancel its registration in a public register.
§ 129
(1) the Court shall declare the legal entity after its inception for an invalid, even without
the proposal, if
and the articles of Association of the legal acts) is missing,
(b) the establishment does not have a legal hearing) commitment necessary for the legal
the existence of a legal person,
(c)) the legal acts of the founders is contrary to section 145, or
(d)) established the legal person less people than it is to do so by law
should be.
(2) the date on which the legal person is declared invalid shall enter into
the liquidation.
section 130
Prior to a decision pursuant to section 129 shall provide to the Court a legal person a reasonable
time to redress, if this is a defect that can be deleted.
§ 131
The Declaration of a legal person for an invalid does not affect the rights and
obligations, which acquired.
The name of the
§ 132
(1) on behalf of the legal person is her name.
(2) the name of the legal entity must be distinguished from the other persons and contain the
indicate its legal status. The name must not be misleading.
section 133
(1) the name may contain the name of a man, which is a legal person
the special relationship. If the person is alive, his name may be used in the name of the law
a person only with his consent; He died, without consent, a
the consent of his spouse, and, if not, consent of the child, and if zletilého
He is not, consent of the ancestor.
(2) If, in the name of legal persons used the surname and is the reason for it
of important interest in the protection of the family, the provisions of section 78, paragraph.
3 apply mutatis mutandis.
(3) Who has the right to give consent to the use of names in the name of legal person
the person has the right to revoke it at any time, even when it has been granted to a specific
period of time; It was agreed to something else, be taken into account to justify a
the appeal of the consent of the substantial change in the circumstances or any other reason.
If the consent given to a specific period of time, without justifying it revoked
a substantial change of circumstances or any other reason, it replaces the appellant
legal person, the damage resulting from this.
§ 134
(1) the name of the legal person can contain any distinctive element name
other legal persons, if the reason for it in their mutual relationship. Even in the
this case must be public with it enough to distinguish between the two names.
(2) the Distinctive element of the name of other legal persons cannot be used without a name
her consent. The provisions of § 133 paragraph. 3 shall apply mutatis mutandis.
§ 135
(1) a legal person, that was without prejudice to its right to challenge
the name or who has suffered injury for unauthorized intervention in this law, the
or that threaten to, in particular, the unauthorized use of the name, is
can claim to be from unauthorised intervention or to be dropped
removed his result.
(2) the same protection belong to the legal person against who, without lawful
because of its reputation or interfere with privacy, unless it is for the purpose of
the science or art, or of the press, radio, television or similar
news coverage; even such action, however, must not be in conflict with the
interests of legal persons.
§ 136
Registered office
(1) when the establishment of the legal person shall be determined by its headquarters. If it does not interfere with
peace and order in the House, and may be in the apartment.
(2) write to the legal person in a public register, it shall be sufficient,
If the articles of Association of the legal acts shall state the name of the village where the registered office of the
legal persons; in a public register, however, the legal person shall propose
Enter the full address of the registered office.
§ 137
(1) anyone can reach the real seat of the legal person.
(2) against the dovolá who registered in the public register of the registered office,
legal person cannot argue that it has a head office in another place.
Transfer of registered office
§ 138
(1) a legal person that has its head office abroad, it can transfer its registered office
on the territory of the Czech Republic. This does not apply, if it does not allow for the rule of law
State in which the legal person has its registered office, or with regard to the legal
a disabled person under section 145.
(2) a legal person, which he intends to transfer its registered office on the territory of the Czech
of the Republic, shall be accompanied by a proposal for registration in the appropriate public register
the decision on the legal form of the Czech legal persons chosen by, and
the establishment of legal negotiations required by the Czech legal order for this
the form of a legal person.
(3) the internal legal relations of the legal person, after the transfer to the
the territory governed by Czech law. The Czech legal order is governed by (i)
the liability of its members or the members of its organs, the debts of the legal person,
If, after the effective date of the transfer to the territory of the country.
section 139
The legal person that has its registered office in the Czech Republic, can transfer his
registered office abroad, if this is not contrary to public policy and if it
He admits the legal order of the State is to be the seat of a legal person
transferred.
§ 140
(1) a legal person, which he intends to transfer the registered office abroad, publish
This intention, stating the new address of the registered office and the legal form after relocation
the headquarters of at least three months before the date of the intended transfer.
The creditors have the right to demand reasonable assurance of their so far
nesplatných claims within two months from the date of publication, if after
the transfer to the deterioration of recoverability of their claims in the Czech
Republic.
(2) failing agreement on the manner and extent of the collateral, shall decide on the
sufficient collateral and its extent, the Court, having regard to the nature and amount of the
the claim. If a legal person, does not provide in accordance with the decision of the
of the Court, shall be liable for debts that are not secured, the members of the statutory
authority, except those who prove that they have developed a sufficient effort to
the decision has been met.
§ 141
(1) The legal person, who with the headquarters of abroad
, has the right to terminate the membership of a legal person with the effects of the
the date of the transfer. If the legal persons in their membership
the right to settlement, will provide him legal person the fulfilment by the
the effective date of the transfer. To meet this obligation is guaranteed by the members of the
the statutory authority.
(2) for the debts which arose before the effective date of the transfer of warrants
the members of the legal person and its statutory authority as well as before
the headquarters of the abroad.
section 142
The transfer is effective from the date of registration of its address into the appropriate
the public register.
§ 143
For the establishment and relocation of offices of legal persons apply section 138 to
142 likewise.
The purpose of the legal persons
§ 144
(1) a legal person may be set up in the public or private interest.
Its nature is assessed according to the main activity of the legal person.
(2) the law lays down that the purpose may be to establish a legal entity only
specific conditions.
§ 145
(1) it shall be prohibited to establish a legal person whose purpose is a violation of
rights or achieve some unlawful manner, especially if the
the purpose of the
and the denial or restriction of personal), political or other rights of persons for
of their nationality, sex, race, origin, political or other opinion,
religion and social status,
(b)) the stirring up of hatred and intolerance,
(c)) support violence or
(d)) of a public authority or in the performance of public administration, legal
empowerment.
(2) establish a legal person shall be armed or with armed
folders, unless it is a legal person established under the law, which
the law of the armed forces, or the creation of a specifically permits or
stores, or of a legal person that disposes of the gun
the context of your business under other legislation or
legal person, whose members hold or use weapons for sport
or cultural purposes or for hunting or for the performance of tasks under another
legal regulation.
Public benefit
section 146
Public good is a legal person, whose mission is to contribute, in the
accordance with the provision of the legal acts
the achievement of the common good, if the decisions of the legal person have
significant influence, just good people, if you acquired the property from the fair
resources and if economically uses his fortune to publicly useful
the purpose of the.
§ 147
Publicly beneficial legal person has the right to write the status of public
the benefits to the public register if they fulfil the conditions laid down
another legal provision.
§ 148
If it is registered in the public register, the status of public utility, erases the
It is he who leads the public register, if the legal person status
public gives up, or if the Court decides about his withdrawal.
Deletion of the public register of the status of public benefit.
section 149
The Court of the withdrawal of the status of public utility decides on a proposal from the person
that it has a legal interest in, or even without a proposal in the event that a legal
the person no longer meets the conditions for the acquisition and the lack of or on
the challenge to the Court within a reasonable time.
section 150
The only legal person whose status of public benefit is in the public
the index registered, has the right to bring in their name that is publicly
beneficial.
Bodies of a legal person
§ 151
(1) the law provides for the establishment, as appropriate, the legal negotiations to determine how
the manner and the extent to which the members of the bodies of a legal person for her
decide to replace her will.
(2) the good faith of members of the body of a legal person, the legal entity is added.
§ 152
(1) a legal person's forms the authorities of one Member (individual) or
more members of the (collective).
(2) a natural person who is a member of the body of a legal person and which is the
function of the elected, appointed, or otherwise called (hereinafter referred to as "the elected
the authority "), it must be fully svéprávná. This also applies for legal representative
persons, which is itself a member of the elected authority of other legal persons.
(3) if the main activity of the legal person of minors or persons with
limited svéprávností and if it is not the main purpose of a legal person
business, the founders of legal acts specify that a member of the elected
the collective body of the legal person and the person may be minor or
a person with limited svéprávností.
§ 153
(1) a person whose decline has been certified, it can become a member of the elected
authority, announced this in advance to whoever it is, he calls to the function; It
not since the end of the insolvency proceedings have passed at least three
for years.
(2) if certified by the decline of a person who is a member of an elected authority,
This person shall notify, without undue delay, who in a function
called.
(3) unless the notice, you may sue everyone who has legal
interest to a member of the elected body of the function appealed the Court. This does not apply,
decided to he who elected a member of the authority summoned, then, what about
the certificate of the bankruptcy of this person learned that he has to remain in Office.
§ 154
If a member of the elected body of the legal person by another legal person,
authorizes a natural person to represent it in the authority, otherwise, legal
the person shall represent the Member of its statutory authority.
§ 155
(1) If a member Was elected, the authority called upon the one who is not under the
the Act eligible, staring at his profession to function as if the
did not happen. If the elected authority after its occupation into a function
the legal capacity to be a member of an elected body, its functions shall cease;
the demise of the functions of the legal person shall, without undue delay.
(2) the visor to the profession of the persons elected to the Member of the authority, as
would have happened, or if it is invalid, the profession does not affect the rights
acquired in good faith.
§ 156
(1) if the Authority Is a collective, shall decide on matters of legal persons
in the choir. Is able to adopt in the presence of or other involvement of most
members and decides by majority vote of the participating members.
(2) if the powers of the individual members divided according to certain
scope, the provisions of paragraph 1 shall not apply. The Division of competence
does not relieve the obligation to supervise other members, as are matters
legal persons managed.
§ 157
(1) If a decision is taken, at the request of a member of the elected
the authority that the proposal said, his different point of view.
(2) if the proposal is adopted for the non-participation of a member, is this the
entitled to know the content of the decision.
section 158
(1) the articles of Association of the legal acts may provide for the ability of the body
adopt a higher number of participating, the request for the adoption of the decision
the higher the number of votes or provide for a procedure, which can be a way of making a decision
authority to change.
(2) the articles of Association of the legal action can allow the decision-making authority and the
outside the meeting in written form or with the use of technical means.
(3) the articles of Association of the legal action can specify that in the case of the achievement
equality of votes when deciding an elected body of a legal person
the Chairperson's casting vote.
§ 159
(1) a Member Who receives an elected authority, undertakes that it will
to carry out with the necessary loyalty with the necessary knowledge and care.
It is considered that this is a sloppy, who is not of the proper care of the householder
able to, though it had to find out when the adoption of function or performance,
and nevyvodí of the consequences to himself.
(2) The Authority shall act as an elected person; However, this does not prevent the
to the possession for the case of another Member of the same body, in order to
for him, if the latter voted.
(3) If a member was replaced by an elected body of legal person that her
caused the violation of the obligations in the performance of functions, although he was obliged to
damage, shall be liable to the creditor for a debt of a legal person to the extent
what the damage was, if the creditor is fulfilling a legal person
cannot be enforced.
section 160
In the event a member elected to the authority of their function, the statement received at the
legal person, shall lapse on the expiry of two months from the features coming
the Declaration.
Negotiations for a legal person
§ 161
Who is legal person represents, demonstrating what he so justifies,
If it does not stem from the circumstances. Who is legal person signs,
connects to the name of your signature, and, if appropriate, an indication of its function or
about its work.
§ 162
Represents a legal person member of its authority to
the public register, it cannot be argued that the legal person has taken
the necessary resolution, the resolution was vitiated by a defect or that the authority
adopted by resolution.
§ 163
, The authority shall comprise all the scope of the articles of Association
a legal hearing, the law or the decision of the public authority trust
another body of a legal person.
§ 164
(1) a member of the statutory body may represent the legal person in all
matters.
(2) if the scope belongs to the statutory authority to more persons form
the collective statutory body. Unless the articles of Association of the legal acts,
as its members legal person they represent, so each Member of the
separately. If the articles of Association requires a legal hearing to members
the statutory authority of the act together, can the legal person
represented as the agent separately, only if authorized by a specific
the legal negotiations.
(3) If a legal person with the collective statutory body
the employee, he shall designate one member of the statutory body of legal acts
to employees; otherwise, the President shall exercise the responsibilities of the statutory
authority.
§ 165
(1) If a sufficient number of members of the statutory body is needed to
deciding on a proposal from the guy who certify the legal interest under
the members of the Court at the time the new members called the procedure specified in the
zakladatelském legal action; otherwise, the court appoints a legal person
guardian, and even without the design at any time about in their activities
learns.
(2) the Court shall designate a legal person to a guardian, and even without a draft,
If they are a member of the statutory body's interests conflict with the interests of the legal
persons and does not have a legal person of another member institution capable of it
represent.
§ 166
(1) a legal person to represent its employees within the range of normal
due to their classification or function; While the State decides how to
It appears to the public. What is provided on behalf of a legal person
an employee, shall apply mutatis mutandis for the representation of the legal person, a member of the
or a member of another institution of the unregistered public register.
(2) restrictions on the permission zástupčího internal regulation of a legal person has
effects against the third party, just had to be known to her.
section 167
A legal person commits an unlawful act, which is in the performance of their
the tasks committed member of the elected body, the staff member or another of its
representative to the third person.
The abolition of legal persons
section 168
(1) a legal person shall be repealed the legal act, the expiry of the period
by the decision of the public authority or the achievement of the purpose for which it was
established, and for other reasons provided by law.
(2) a voluntary cancellation of legal persons shall be decided by the competent
authority.
§ 169
(1) after the dissolution of the legal person is liquidation, unless it requires the whole
its assets shall become the legal successor, or where the law otherwise.
(2) does not confer a legal hearing on the revocation of a legal person, whether
disturbed with or without liquidation, is repealed with
the liquidation.
§ 170
Who decided on the abolition of a legal person with the liquidation, the decision
change, not to fulfill the purpose of the liquidation.
§ 171
With the liquidation of the legal person shall be deleted;
and the date of expiry) that was founded,
(b)) the achievement of the purpose for which it was established,
(c) on the date specified by law or) legal acts concerning the abolition of the legal
person, otherwise the date its efficacy, or
(d)) on the date of the decision of the public authority, unless otherwise provided in the
the decision a day later.
§ 172
(1) on a proposal from the Court, who shall certify the legal interest, or without
the proposal, the legal person and ordering its liquidation, if
and) develops illegal activity to such an extent that it seriously
disrupting public order,
(b)) no longer meets the prerequisites required for the creation of a legal
a person by the Act,
(c)) has for more than two years, the statutory body able to adopt a resolution, or
(d) law so provides).
(2) if the law of the Court to cancel the legal person of reason, which can be
delete, before the release of her decision, the Court shall fix a reasonable time limit to
Elimination of deficiencies.
§ 173
(1) be deleted-if the legal person during the conversion, without liquidation shall be deleted;
effective date of the conversion.
(2) if certified by the decline of the legal person, without liquidation shall be deleted;
cancellation of bankruptcy after completion of the rozvrhového resolution, or cancellation
bankruptcy because the property is totally inadequate; into liquidation, however,
Enter, if after the termination of the insolvency proceedings of some assets.
The conversion of a legal person
§ 174
(1) the conversion of a legal person is a merger, split and change of legal form.
(2) a legal person may change the legal form, only if it's the law.
§ 175
(1) who decided on the conversion of a legal person, the decision to change,
until the conversion to happen effectively.
(2) if the conversion of a legal person, cannot be effectively decide that
valid, or pronounce the annulment of a legal act which to transform
led, and you cannot cancel the registration of the conversion in the public register.
§ 176
(1) when converting a date must be set, from which negotiations
the company legal person shall be deemed for accounting purposes for the negotiations
made on behalf of a legal person.
(2) on the day preceding the day of the company being acquired shall draw up a decisive legal
person or legal entity being divided by splitting the final book
accounts. The successor to the reference date shall draw up the legal person, or
legal person being divided by splitting the opening balance sheet.
§ 177
(1) the efficiency of conversion of a legal person entered in the public register
occurs on the date of registration in a public register. In this case,
the decisive day lays down to nepředcházel day filing for registration
the conversion of the public register for more than 12 months.
(2) if the person concerned entered into the public register in different
circuits, a proposal for the registration of the conversion in any one of them and the authority
the public to be able to be entered in the public register of all logged by
fact, to the same date.
Section 178
(1) the merger is happening by merging or fusion of at least two of the participating
legal persons. Merging or amalgamation is deemed to be a transfer of activity
of the employer.
(2) when you merge, at least one of the parties concerned shall cease; the rights and
the obligations of the companies of the persons on the sole of the participating persons
as to the acquiring legal person.
(3) the merger will render all the persons concerned, and in their place
a new legal person as a person acquiring; her crossing
the rights and obligations of all persons of the companies.
Section 179
(1) a legal person with the demerger separates with the founding of the new
legal persons, or shall be distributed under the current merger with other
legal entities (hereinafter referred to as the "merger"). Legal person
can establish its separation, or a combination of multiple ways of distribution.
Division by merger, split, as well as other methods of distribution,
consider the transfer of the activities of the employer.
(2) If the Division to split legal person ceases to exist and its rights, and
the obligation to pass on a few of the recipient of legal persons, the
and if they are on) the distribution of the acquiring legal person involved as
persons already existing, it is the splitting of the merger,
(b)) to the acquiring legal person by splitting only arise
This is a split with the establishment of new legal entities.
(3) the Division of a legal entity by splitting the legal split.
a person shall not invalidate nor does not terminate, but set aside part of its rights and obligations
passes to the existing or newly established by the acquiring person.
§ 180
In the cases referred to in section 179, paragraph. 2 or 3, the competent authority shall decide,
legal persons who are employees of the company legal person become
the staff of each of the recipient of legal persons.
§ 181
Merge and split may a legal person of a different legal form only
then, when provided for by law.
§ 182
If the conversion of a legal person, its worth to the acquiring
a legal person and is required by other legislation
the consent of the public authority for the transfer of rights and obligations,
This consent to the conversion of a legal person.
§ 183
(1) when a change of legal form shall not invalidate nor does not terminate the legal person,
whose legal form is amended, only to change its legal standards, and with respect to
the Corporation, also the legal status of its members.
(2) if it is not the day, to which he was drawn up the draft treaty or decision on
the change of the legal form of the balance sheet date in accordance with other legislation
the legal person shall draw up to this date, the interim financial statements. The data from the
which is drawn up the financial statements at the date of processing of the change of legal form,
must not precede the day of the decision of the legal person on the change of legal form
more than three months.
section 184
(1) on the conversion of a legal person established by law can decide if it
the law expressly provides.
(2) on the conversion of a legal person established by a decision of the public authority
This is decided by the authority.
Disappearance of a legal person
§ 185
A legal person registered in the public register terminates on the date of deletion of the
the public register.
§ 186
Legal person, which is not subject to registration in a public register,
the end of the liquidation.
Liquidation
§ 187
(1) the purpose of the liquidation, the assets of the cancelled deal is a legal person
(winding-up essence), offset debts to creditors and to deal with the net
the whole of the balance, which arises from the disposal (with winding-up
balance), according to the law.
(2) a legal person shall enter into liquidation on the date when it is repealed or
declared invalid. Enter a legal person registered in the public
register into liquidation, the liquidator shall propose a registration without undue delay
the entrance to the liquidation of the public register. For disposal of used
legal person, its name with the Appendix "in liquidation".
section 188
If the legal person shall enter into liquidation, not no legally
Act beyond the scope provided for in § 196 from the moment of its entry
into liquidation when they knew, or know about it, and he could.
section 189
(1) upon entry into the disposal of the competent authority called a legal person
the liquidator; the liquidator may be the only person eligible to be a member of the
the statutory authority. If the liquidator's functions are eliminated before the demise of the
legal persons, the competent authority shall call on the legal person without undue
the delay of the new liquidator.
(2) If a legal person in liquidation and was called to the liquidator,
carry out its scope, all members of the statutory body.
section 190
If the liquidation of legal persons called several liquidators, make up
collective authority.
§ 191
(1) a legal person that has entered into liquidation, without being called
the liquidator under section 189, the liquidator appointed by a court, and even without a draft.
The court appoints a liquidator and, in the case that he decided to cancel
legal persons.
(2) On the proposal of the person demonstrating a legitimate interest on it, the Court of appeals
the liquidator, which properly fulfils its obligations, and shall appoint a new
the liquidator.
(3) has not been filed another proposal or of the proposal cannot be accepted, the Court may, in
the procedure referred to in paragraph 1 or 2 shall appoint a liquidator and without his
the consent of a member of the statutory body. Such liquidator cannot
function to withdraw. However, it may propose to the Court to absolve him of the function,
If it proves that it cannot reasonably be required to function
He has pursued.
(4) If a liquidator or appoint in accordance with paragraph 3, shall be appointed by the Court
of the persons included in the list of insolvency administrators.
§ 192
The liquidator appointed by the Court to a third person, shall give the liquidator
synergy in the same range in which they are obliged to provide it
insolvency administrators.
§ 193
The liquidator shall take the scope of the statutory authority of the moment of its
the profession. For the proper performance of the functions of the liquidator is responsible as well as the
the statutory authority.
section 194
Only a court may appeal from the functions of the liquidator, that was his name.
section 195
The remuneration and the manner of its payment of the liquidator determines the one who summoned it.
§ 196
(1) the activity of the liquidator can watch only what corresponds to the purpose, nature and
the objectives of the liquidation.
(2) If a legal person Acquired heritage or link with the condition,
to make the time or with the command, the liquidator shall comply with the restrictions.
However, if the legal person has received earmarked funds from the
public budgets, the liquidator shall apply the funds in accordance with the decision of the
the authority, which is provided; Similarly, the liquidator shall proceed, if
legal person received the resources earmarked for achieving public
beneficial purpose.
§ 197
In the course of the liquidation, the liquidator will satisfy the priority claims
employees; This shall not apply where the legal person is in decline.
§ 198
(1) the liquidator shall notify the entry of legal persons to the disposal of all known
creditors.
(2) the liquidator shall be published without undue delay at least twice
at least with a two-week lapse notification referred to in paragraph 1, together with the
the challenge for the lender to sign in their claims within a time limit which
shall not be less than three months from the publication of the second.
section 199
(1) the liquidator shall draw up, on the date of entry into the liquidation of legal persons
the opening balance sheet and an inventory of the assets of the legal person.
(2) the liquidator shall issue against payment of the cost of the inventory of the assets of each creditor,
that of the latter.
section 200
If it finds the liquidator during the liquidation of the legal person is in
bankruptcy, insolvency without undue delay shall submit a proposal, unless it is
in the case referred to in § 201.
§ 201
(1) If this is the case under section 173, paragraph. 2 and the winding-up essence
is not sufficient to meet all debts, the liquidator shall pay the proceeds in the first
the group, the cost of the liquidation, in the second group from the balance will satisfy
employees ' claims, and then stops in the third group claims
other creditors.
(2) if it is not possible to fully compensate the claim in the same group, will satisfy the
fairly.
section 202
(1) if within a reasonable time of a winding-up the essence of monetizing
balances the liquidator of the partial proceeds preferably costs and debts
from the first, and then from the second group, if possible; This is without prejudice to § 201
paragraph. 2. Then the liquidator will offer creditors claims third group
winding-up nature of the takeover for the payment of debts.
(2) if within a reasonable time to monetize the winding-up or the nature of the
in part, or if the proceeds of the partial claim first and second
the Group fully applied, the liquidator will offer a winding-up the essence of the
the takeover of all creditors.
(3) a lender, which has been winding up the essence of the offered pursuant to paragraph
1 or 2, and within two months to the silence of the menu, the menu
accepted; This effect does not occur if it were about the liquidator in the
menu.
section 203
(1) the creditors, who will take over the winding-up nature, belongs to everyone
percentage ratio of the amount of their claims; in the rest of their
the claim cease to exist.
(2) the Rejects if any of the creditors ' participation in the takeover of the winding-up
the essence of his claim shall be considered as extinct. This does not apply, if the
subsequently established yet unknown property of a legal person.
section 204
(1) if all of the creditors refuse to winding-up nature of the take over, the
winding-up the essence of the day of the dissolution of a legal person in the State; the liquidator's
without undue delay, notify the competent authority in accordance with another Act.
(2) Without sight to § 201 to 203 belongs to the lender, which is in another
the law the creditor secured, to the satisfaction of the security, which was his
the claim. If the secured creditor as follows fully satisfied
in his claim, he belongs in the rest of the performance under section 201 to 203.
section 205
(1) After the liquidator has completed everything that precedes the loading of the winding-up
balance transfer or liquidation under section 202 or the substance of the notice
pursuant to section 204, shall draw up a final report on the progress of the liquidation, in which shall be entered
at least, as it was with winding up the essence of the loaded, and, where appropriate, whether or not
the proposal to use the winding-up of the balance. The same day the liquidator shall draw up
the financial statements. The liquidator to the financial statements attached signing record.
(2) a final report, a proposal for the use of the winding-up of the balance and the financial
accounts of the liquidator shall submit for approval to the one who summoned it to
function. The one who became a liquidator under section 189, paragraph. 1, shall submit to the
a final report, a proposal for the use of the winding-up of the balance and the financial
accounts of the authority of the legal person, who has the scope of it from a function
to refer, where appropriate, the scope of the It control. If there is no such authority,
the liquidator shall submit the following documents and proposals for the approval of the Court.
(3) deletion of legal person of the public register does not prevent that have not been
approved by the documents referred to in paragraph 1.
section 206
(1) until they meet the rights of all creditors who have their claims
signed up in time pursuant to section 198, you cannot pay a share of the winding-up
the balance even in the form of advances, or otherwise use.
(2) if the claim is contested or is not yet due, to the winding-up
use the balance only if lenders provided sufficient security.
Section 207
Disposal using the winding-up balance ends, taking over the winding-up
the nature of the creditor or its rejection. The liquidator shall, within thirty
days from the end of the liquidation proposal on the deletion of the legal person of the public
the register.
section 208
If it is established before deleting the legal person of the public register
its still unknown assets or when there is a need for other necessary
measures, the liquidation is finished and the liquidator of the assets of the settlement, or
performs other necessary measures. After the completion of such negotiations shall proceed
pursuant to section 205 to 207; the provisions of section 170 does not apply.
Section 209
(1) if it is an unknown property of a legal entity after its deletion from
the public register or if another interest worthy of legal protection,
on a proposal from the Court, who shall certify the legal interest, the cancellation of the legal
a person decides about its liquidation and appoint a liquidator. Who leads
to him, the public register shall, pursuant to this decision, writes the restore
a legal person, the fact that it is in liquidation and the details of the liquidator.
From the restoration of the legal person, as if alive.
(2) If a legal person has been restored due to the discovery of the unknown
assets, unsatisfied claims of its creditors.
Section 2
Corporation
Subsection 1
General corporations
section 210
(1) the Corporation as a legal person creates a community of persons.
(2) The legal entity comprised of only Member seen as
the Corporation.
section 211
(1) a corporation may have a single member, concedes this law. In such a
If only the corporations can voluntarily terminate
membership, unless as a result, his place will enter the new person.
(2) if the number of members of the Corporation under the number specified by the law, the Court
It even without the proposal and decide on its liquidation. However, her first
provide a reasonable period to remedy.
§ 212
(1) the adoption of membership in the Corporation undertakes to behave towards her
honestly and to maintain its internal regulations. The Corporation must not be its Member
unreasonably favour or disadvantage and must save its members
the rights and legitimate interests.
(2) Exploited if the private corporations voting rights to the detriment of the whole,
the Court will decide on the proposal of the person who proves a legal interest in that voice
This member cannot be taken into account for the particular case. This right shall lapse,
If the proposal is not filed within three months from the date when the abuse of the voice
has occurred.
section 213
If the damaged member or member of the Corporation of its authority in a way that
determined by its obligation to compensate, and that was damaged and another Member of the
corporations on the value of their participation, and seeks only to refund the
the Court may even without any special design pests save the obligation to replace
the damage caused only a corporation, if it is warranted by the circumstances of the case,
in particular, if it is sufficiently clear that such measures from
shame on the cancelled participation.
Subsection 2
Guild
section 214
(1) at least three persons held the common interest may base its
fulfilling the Guild as a self-governing and voluntary members of the volume and
spolčovat in it.
(2) If a Sorority to the application of the common interest of the new association as
his Union, expressed in the name of the new Association of its federal nature.
section 215
(1) no one shall be forced to participate in society and must not be prevented from
get off of him.
(2) the members of the Association is not liable for its debts.
§ 216
The name of the Association shall include the word "Association" or "registered association",
It is sufficient, however, the abbreviation "s.".
§ 217
(1) the main activities of the Association may be just the satisfaction and protection of the
interests, to whose fulfilment is a Guild based. Business or other
the main activities of the society gainful activity can be.
(2) in addition to the main activities of the Association also may develop secondary to economic
activity of the business or other gainful activities, if the
its purpose in support of the main economical activities or in use
the federal assets.
(3) the profit from the activities of the Association can only be used for the federal activity
including the management of the Association.
The founding of the Association
§ 218
The founders of the JCC Association, agree to the content of the statutes; the statutes of the
contain at least
and the name and address of the Association),
(b)) the purpose of the Association,
(c) the rights and obligations of members) against the Association, where appropriate, determine how
they are rights and obligations arise,
(d) determine the statutory authority).
section 219
The statutes may establish the tail-the Association as an organizational unit of the Association
or specify how the tail-the Association is based, and which authority
shall decide on the establishment, cancellation or conversion of tank.
section 220
(1) Determine if the statutes, that membership is of a different kind, at the same time the rights of
and obligations associated with the different types of membership.
(2) restrict the rights or extend the obligations associated with the specific type of
membership can be only under the conditions specified in the statutes, in advance, otherwise the
the consent of a majority of the members concerned. This does not apply if the Association to limitation
rights or the extension of the duty of fair reason.
§ 221
The statutes must be stored in full, at the headquarters of the Association.
Constituent meeting of the
§ 222
(1) the Association may be formed by a resolution of the constituent meeting and forming the
of the Association. On the constituting meeting shall apply mutatis mutandis to the provisions of the Member
meeting.
(2) the articles of Association shall draw up a Proposal and others about the Foundation of the Association shall convene
in an appropriate manner to the convener of the constituting meeting. The accuracy and completeness of the
convener of the present Charter shall verify or nominee.
§ 223
Anyone who arrives at the constituent meeting and meets the conditions for
membership in the Association shall be entered in the instrument, it shall present to the
data about your name and residence or headquarters. The accuracy and completeness of the Charter
svolatel or verifies the present nominee. Applies, that person
registered in the list of those present have made proper application to the Association.
section 224
(1) the constituent meeting of the convener of the initiates or nominee. Shall communicate to the
the constituent meeting of the number of present and acquainted her with the negotiations
in the interest of the convener of the Association has already done. On the constituting meeting will propose
the rules for its conduct and the choice of presiding and any other
officials.
(2) the constitutive meeting shall elect the members of those bodies, which, in the determination of the law
and the articles of Association to choose.
(3) the constituent meeting adopts a resolution by a majority vote of those present at the time of
the vote.
(4) who voted against the adoption of the draft articles of Association, may, from the application to the
Association to withdraw. Must be made in the Charter record present
bearing the signatures of the outgoing and the guy who made the record.
§ 225
To participate in the constituent meeting of at least three persons, may approve
the statutes under section 218.
The emergence of the Association
§ 226
(1) the Association shall arise on the date of registration in a public register.
(2) for registration in a public register of the Association serves the founders
or the person designated by the constituent meetings.
(3) if the Association is registered in the public registry within 30 days from the
submission of the proposal and if it is not within this period nor the decision on
refusal of registration, the Association for the registered in the public register
on the 30th day from the submission of the proposal.
§ 227
If the Association continues to function even after the registration in the public
the register is rejected, the provisions of the company.
The tail-the Association
section 228
(1) the legal personality of the tank of the Association derives from legal personality
the main League. The tail-the Association may have rights and obligations and acquire
is in the range specified by the statutes of the Association master and registered in the public
the register.
(2) the name of the Sub Association must contain the characteristic element name
the main Association and express his property sub.
§ 229
(1) the Association shall tail-registration in a public register.
(2) a proposal to write sub Association in a public register shall
the main Association.
(3) If a decision on registration or on his refusal issued within 30
days from the filing of the registration, the registered association for a tail-in
the public register.
(4) the legal acts of the Association incurred prior to the date sub its
registration in a public register is the main Association of authorised and obliged
jointly and severally liable with the pobočným Club. From the date of registration of the Sub
the Association in a public register shall be liable for the debts of the Association master sub
the Association in the range specified by the statutes.
Section 230
(1) the master of the society shall be deleted and the tail-Association.
(2) the main society perish sooner than terminate all affiliate associations.
§ 231
The acquisition of the status of public benefit for Guild master, this shall
status and affiliate societies. Give up to the main Association of the status of public
benefits, or if he is withdrawn, it shall cease and affiliate societies.
Membership
section 232
(1) unless the statutes provide otherwise, membership of the Association is linked to the person of a Member
and does not pass to his successor in title.
(2) If a member of the Association is a legal person, shall represent it statutory authority,
unless the legal entity shall designate another representative.
section 233
(1) after the formation of the Association membership in it can give rise to the adoption of a Member
or in another manner specified by statute.
(2) Who are applying for membership in the society, manifested by the will to be bound by
the articles from the moment becomes a member of the Association.
(3) a member shall be decided by the authority designated by statute, otherwise the highest
the authority of the Association.
section 234
It is considered that the creation of the membership of the Association membership and filial arises in the
the main Association; This is also true about the demise of the membership.
section 235
The statutes may specify the amount and maturity of the Member contribution, or designate,
that the authority of the Association shall determine the amount and maturity of the Member contribution and how
in a way.
section 236
The list of members
(1) a list of the members of the Association, the statutes shall determine the manner in which it performs in
the members list entries and removals relating to membership of persons in society.
The statutes also determines how the list will be made available to the members, or that
will not be available.
(2) each Member of the, and even the former receives a request from the Association on its
the cost of confirmation with the dump from the list of the members containing information about your
person, or confirmation that these data have been erased. Instead of the
the deceased member may request confirmation of his spouse, child or parent,
and if none of them can ask for confirmation about the release of another person nearby
or the heir, if they prove worthy of legal protection.
(3) the list of members can be published with the agreement of all the members who
are enrolled in it; When the publication of an incomplete list of members shall be from the
It shows that it is incomplete.
Loss of membership
section 237
Membership in the Association shall cease on the show, exclusion, or in other ways
set out in the statutes or in the law.
§ 238
Unless the statutes provide otherwise, the membership expires, if the Member fails to pay the
post or within a reasonable period specified in the invitation to the Club Additionally
payment, although this result in the call being notified about.
§ 239
(1) unless the statutes provide something else, the Association may exclude a member who
seriously violated the obligation arising from the membership and within a reasonable time
has not completed the remedy even when prompted. The challenge is not required if you cannot
violation of obligation to atone for or cause if the Association particularly serious
the injury.
(2) the decision on the exclusion shall be communicated to the Member vyloučenému.
§ 240
(1) unless the statutes provide authority shall decide on the exclusion of a Member
statutory authority.
(2) unless the statutes provide otherwise, the proposal on the exclusion of the lodge in the written
the form of any Member; the proposal shall include the circumstances of certifying the reason
for exclusion. Member, against which the proposal is directed, shall have the opportunity
with the proposal on the exclusion, to ask for his explanation and indicate a
prove everything to him is to benefit.
section 241
(1) a member may, within 15 days from the notification of the decision in written form
to propose that the decision on the exclusion of Arbitration Commission examined,
unless the bylaws shall designate another body.
(2) the competent authority shall revoke the decision to exclude a member, contrary to
the exclusion of the law or the statutes; the decision about the exclusion of a member may
also in other justified cases.
§ 242
The excluded Member may, within three months from the receipt of the final decision
the Association about his exclusion to propose to the Court to rule on the invalidity of the
exclusion; otherwise, the right shall lapse. The decision was delivered to him,
a member may submit a proposal within three months of the date on which it learned,
but within one year from the date when it was after the release of decision
the demise of his membership of the exclusion in the list of members; otherwise, this
the right shall lapse.
The Organization of the Association
§ 243
Authorities of the Association are the statutory body and the Supreme authority, or
the Audit Commission, the Arbitration Commission and other authorities specified in the statutes.
The statutes of the institutions of the society name, wakes up to the
impression on their nature.
§ 244
The statutes shall determine if the statutory authority of the collective (the Committee) or
individual (Chairman). Unless the statutes provide otherwise, appoints the members of the
the statutory body of the highest organ of the Association.
§ 245
On the resolution of the Member meeting or other authority, which is abhorrent to good
morals, or amended their statutes so that their content is contrary to donucujícím
the provisions of the law, to look as if it was not accepted. This also applies in the
If the resolution was adopted in the matter, on which this authority
does not have the competence to decide.
section 246
(1) unless the articles of association the term of members of the elected bodies of the Association,
This five-year period.
(2) unless the statutes provide otherwise, the members of the elected bodies of the Association,
the number has not fallen below half, to co-opt the replacement members to the
the next session of the authority competent for the election.
(3) unless the statutes provide otherwise, shall apply to the convening of the meeting, and
collective decision-making organs of the Association Section 156 and section 159, paragraph. 2 and
mutatis mutandis of the provisions on Member meeting.
§ 247
The highest authority of the Association
(1) the statutes shall lay down which authority is the highest body of the Association; in his
the scope of the rule belongs to identify the main focus of the activities of the Association,
make decisions about changing the articles of Association, approve the result of the Association,
to evaluate the activities of the other organs of the Association and its members and decide on the
the cancellation of the association with the liquidation or about his conversion.
(2) If, under the statutes of the statutory body of the Association and its highest authority
and if it is not capable of the scope for a period longer than one month, the
at least one-fifth of the members of the League to convene the Assembly of all members of society; on
Assembly passes the scope of the Supreme authority of the Association. This does not apply,
determine if the statutes of something else.
(3) unless the statutes provide otherwise, is the highest authority of the Association members
the meeting; the provisions of Section 248 to 257 on a membership meeting shall apply, if the
the bylaws do not specify something else.
Meeting of members
Section 248
(1) a membership meeting shall be convened by the statutory body of the Association at least
Once a year.
(2) the statutory body of the Association shall convene a meeting of the Member meeting at the initiative of
at least a third of the members of the Association or the supervisory authority of the Association. Not convene a
the statutory body of the Association meeting Member meeting within thirty days from the
the delivery of the initiative, the one who filed the complaint, convene meetings of Member
the meeting at the expense of the society itself.
section 249
(1) meetings of the Member meeting convened in an appropriate manner within the time specified
statutes, otherwise at least thirty days before its holding. From the invitations must
to be clear the place, time and agenda of the meeting.
(2) If a meeting convened under section 248, may be the show meeting against
the proposal referred to in the complaint changed only with the consent of the person who the complaint
He handed.
(3) the time and place of the meeting shall be determined so as to reduce to a minimum the possibility of
members participate in it.
section 250
(1) Who called the meeting, withdraw or postpone the same way,
which it was convened. If so, less than a week before the notified date
the meeting replaces the Guild members, who will arrive at the meeting referred to in
invitations, efficiently incurred costs.
(2) If a meeting convened under section 248, may be withdrawn or postponed
only on the proposal of or with the consent of the person who gave him the initiative.
§ 251
Each Member is entitled to participate in the meeting and should i get on it
explanation of the Affairs of the Association, subject to the required explanation to
the subject of the meeting, the Member of the meeting. If the meeting communication
on the facts, which the law forbids, or publish the disclosure
It would cause serious harm to society, cannot provide.
section 252
(1) a meeting of members is able to adopt a resolution with the participation of the majority of members
of the Association. A resolution by a majority of votes of the members present at the time of
a quorum; each Member has one vote.
(2) Determine if the statutes when editing different kinds of membership in the Association that is
with a certain kind of membership only voice Advisory, shall
This voice for the purposes of paragraph 1.
section 253
(1) Whoever initiates the session, verifies, whether the meeting is able to
a quorum. After the election of the Chairman of the meeting and shall ensure that, where appropriate, other
officials, require their choice of the statutes.
(2) the President of the sitting, as was his show reported, unless the
meeting of members act on early termination of the session.
(3) Matter which has not been included on the agenda of the meeting at its
the Declaration can be decided only in the presence and with the agreement of all the members of the
the Association authorized to vote on it.
§ 254
(1) the statutory body of the Association shall ensure that a copy of the minutes of the meeting to the
thirty days of its completion. If this is not possible, shall draw up the registration of the
who chaired the meeting, or who authorized the meeting.
(2) The registration shall be noticeable, who convened the meeting and how, when
held, who has presided over by him, what other functions
meeting of members elected, what the resolution adopted and when the registration
drawn up.
(3) each Member of the Association can be seen in the minutes of the meeting, under the conditions
specified by the statutes. Unless the statutes provide otherwise, this right can be done in
the headquarters of the Association.
Section 255
Partial member meeting
The statutes may specify that the meeting will be held in the form of member meetings
partial member meetings, where appropriate, of which the following matters
the way to decide. Admit to the statutes of the meeting of the Sub-
Member meetings, also determines the period in which all meetings shall
take place. For the ability to adopt a resolution for the adoption of resolutions and participants
members and the votes tallied.
section 256
The Assembly of delegates
(1) the statutes may specify that the scope of the Member meeting shall carry out the Assembly of the
delegates.
(2) Each delegate shall be elected by the same number of votes. If it is not well
You can specify the statutes may for choosing delegates to a reasonable deviation.
§ 257
A replacement meeting Member meeting
(1) If a meeting of members is not meeting a quorum shall be able to, can
the statutory authority or the person who the original meeting convened, to convene a new
the invitation within the time limit of fifteen days since the previous meeting of the membership meeting
the replacement of the meeting. The invitations must be clear that this is a
a replacement meeting Member meeting. Replacement member meeting meeting
shall be held no later than six weeks from the date on which the session was
Member meeting convened earlier.
(2) on the replacement sessions may be just about meeting
matters included on the agenda of the previous session. The resolution may
accept the participation of any number of members, unless the statutes determine something
another.
(3) If a meeting of members shall be decided by the meeting of the intermediate member meetings
or decide if Assembly delegates instead, proceed as
paragraphs 1 and 2 apply mutatis mutandis.
Annulment of the decision of the authority of the Association
§ 258
Each Member of the Association or the one who has an interest worthy of legal protection,
may propose to the Court, to rule on the invalidity of the decision of the authority
the Association for its contradiction with the law or the articles of Association, if
invalidity cannot be reached with the authorities of the Association.
section 259
The right to invoke the invalidity of the decision expires within three months from the date of
When the applicant about the decision of the learned or could learn the latest
However, within one year of the adoption of the decision.
section 260
(1) annulment of the decision the Court has made, there has been a breach of the law
or the articles of Association, it should be a serious legal consequences, and if it is in the interest of
society kind of legal protection invalidation of the decision nevyslovit.
(2) a court annulment of the decision, even if they do not, if it would
significantly affected by the rights of third parties acquired in good faith.
§ 261
(1) If a member of the Association the right to basic member seriously,
has the right to reasonable satisfaction.
(2) if the Association has lapsed, the Court the right to the satisfaction of the Member of the Association
not be granted, if it has not been
and at the time set for the) filing for annulment
the decision, or
(b)), within three months from the date of the decision to reject the proposal,
If this proposal is rejected under section 260.
The Audit Commission
§ 262
(1) if the articles of Association shall set up a control Commission is required to have at least
three members. Unless the statutes provide otherwise, appoints members of the supervisory
the Commission meeting. Determine if the statutes, that the members of the Supervisory Commission
his name or referring statutory authority, to be taken into account.
(2) unless the statutes provide additional restrictions, not membership in the Supervisory Commission
compatible with membership in a statutory authority of the Association or with the function
the liquidator.
§ 263
The Audit Commission oversees, are matters of the association duly held and
If the Association carries out the activity in accordance with the statutes and regulations,
more if the statutes of other responsibilities. If it finds the Audit Commission
weaknesses, alerting the statutory authority, as well as other authorities
specified by the statutes.
§ 264
Within the scope of the Audit Commission can inspect the
in the documents of the Association and request from the members of other bodies of the Association or from the
his employees an explanation to each of the issues.
The Arbitration Commission
section 265
If established, the Arbitration Commission shall decide the disputed matters
to the Federal Government in the range specified by the statutes; unless the statutes provide
the scope of the Arbitration Commission shall decide disputes between the Member and the Association of
the payment of contributions and review the decision about the exclusion of a Member
of the Association.
§ 266
(1) unless the statutes provide otherwise, the Arbitration Commission has three members, who elect and
recalls meeting or Assembly of the members of the Association.
(2) a member of the Arbitration Commission may be the only impeachable zletilá and fully
svéprávná the person in the society acts as a member of the statutory body
or the control of the Commission. If no proposed annulling the elections
Member of the Arbitration Commission for the lack of integrity, shall apply subject to the
the changes of circumstances, that person was elected to the impeachable.
(3) the activities of the Arbitration Commission is expelled its member whose circumstances
the case could hinder or prevent decide nepodjatě.
section 267
Proceedings before the Arbitration Commission regulates the different legislation.
section 268
The cancellation of the Association
(1) the Court shall revoke the Association winding up on a proposal from the person, that it has
a legitimate interest, or without a proposal in the event that the Association, as he was on it
the Court notified
and develops activities forbidden in) section 145,
(b)) develops activities in contravention of section 217,
(c) the third person) makes membership in the Association, to participate in its activities
or to his aid, or
(d) preventing the members of the Association).
(2) the provisions of § 172 does not affect.
The liquidation of the Association
section 269
(1) when the cancellation of the association with the liquidation the liquidator shall draw up an inventory of the assets and
make it available to all the members at the registered office of the Association.
(2) the liquidator shall issue against payment of the cost of the inventory of the assets of each Member,
that of the latter.
section 270
(1) If you cannot bring a liquidator, the court appoints the liquidator otherwise without
the consent of one of the members of the statutory body. If this is not possible,
the court appoints a liquidator and without the consent of any member of the Association.
(2) a liquidator appointed under paragraph 1 cannot withdraw from the function,
However, it may propose to the Court to absolve it from function, if, on the
It cannot reasonably be required, that the function performed.
§ 271
The liquidator cashing in winding-up the essence of the only in the extent to which it
It is necessary for the fulfilment of the debt of the Association.
section 272
(1) the liquidator shall be disposed of in accordance with the statutes of the winding-up balance. Determines if the
the statutes of the association with the status of public benefit, that is to be winding-up
the balance is used for other than the public interest objectives, shall
it.
(2) If a winding-up balance of load according to the articles of Association, the
liquidator of winding-up the balance of the League with a similar purpose. If this is not
possible, the liquidator of the winding-up the balance of the village, on whose territory
the Association is situated. If the municipality does not accept the offer within two months, it shall take
winding-up the balance of the County, in whose territory the seat of the Association. Gets the
winding-up the balance of the municipality or region, just applies it to publicly
useful objectives.
§ 273
Received if the Association assigned the implementation of public budget
the provisions of section 272 does not apply and the liquidator shall be disposed of with the appropriate parts of the
the winding-up of the balance in accordance with the decision of the competent authority.
The fusion associations
§ 274
The participating societies conclude a merger as a merger Treaty
associations, or as the Treaty of the fusion associations.
section 275
The merger agreement contains at least the name, headquarters and identifying
an indication of each of the participating associations indicating that the Association is
the company and the successor, and the decisive day.
section 276
(1) the Treaty provides for the amalgamation of associations and the arrangement of the statutes
the successor of the Association.
(2) when the merge occurs to change the statutes of the Association, the successor
the contract also includes the merge of the arrangement of the change.
§ 277
(1) together with the draft Treaty on the merger shall be members of the statutory
the authorities of the participating associations and message explaining the economic and legal
the reasons and the consequences of the merger. The message may be drawn up even as common for
all of the participating clubs.
(2) message explaining the economic and legal reasons and consequences of the merger
does not have to be drawn up, if they are all members of a participating Association
members of his statutory or supervisory authority or agrees with the
all members of the participating Association.
§ 278
Meeting of Member meeting, which will be the draft Treaty submitted to the merger
approval, the one who is to be convened by, report at least 30 days before the
his holding. In this period of time must be made available to all members of the
and the draft agreement on the merger),
(b) the statutes of the Association, the successor)
(c)) the statement of assets and liabilities of all the participating associations not older than six
months and
d) message explaining the economic and legal reasons and implications of the merger,
where it is necessary to copy.
§ 279
(1) the interested associations shall publish at least thirty days before the meeting
Member meetings joint notification, indicating what associations the merger
concerns and what the association becomes the successor to the Club.
(2) if the Association is not the beneficiary of the public budget, if
a negligible number of creditors and, if the total amount of debt is negligible,
It is sufficient if the notification shall deliver to the known creditors.
section 280
If a creditor participating Association claim within six months from the date
the day on which the registration of the merger became effective against him, has the right to a sufficient
sure to worsen if has a claim. If the creditor proves that the
as a result of mergers has claims to worsen significantly, it has the right
on the reasonable assurance before the entry of the merger in the public register.
§ 281
(1) the draft Treaty on the merger approved member meeting of the participating associations.
Meeting of the draft Treaty on the merger may only approve or reject it.
(2) the participating member associations meetings Meetings can also be convened
as common. If the Member meeting of the participating associations vote on
the draft Treaty on the merger separately. If, however, after approval of the proposal
the merger of treaty bodies elected by the members of the successor society, Member
the meetings of the participating associations decide that these members will be
vote together.
§ 282
The one who for a participating Association proposal for a Treaty on the merger of signs, joins
to sign in addition to the other requirements also figure that the draft Treaty
approved by the meeting of the society, and when it happened. Merger Treaty is
adopted by the resolution of the last member meeting of the participating associations of
approval of the draft Treaty on the merger and its signature for this Association.
§ 283
The proposal for the annulment of the contract may only be made on the merger, together with
the proposal on the nullity of the resolution authorising the Member meeting
the Treaty. The right to claim invalidity has only the association concerned or
person authorized to submit the proposal on annulling the member meetings.
§ 284
(1) a proposal for the registration of the merger in the public register shall be submitted together
all of the participating clubs. If this is about formation, sign design
also, the members of the statutory authority of the successor of the Association.
(2) on the basis of the proposal, the competent authority of the registration of the merger so that the
the same day in the public register of the company clears the societies, notes
who is their legal successor, and merger
and the merger of the succession) writes down the society and the effective date of merger
the names, addresses and identifying information, which
the successor to the Club merged, and any other changes to the successor
the Association, if as a result of the merger, the
(b) the registration of the successor performs fusion) and notes with him
the names, addresses and identifying information associations, which are its
legal precedents.
section 285
After the registration of the merger in the public register not treaty change or merger
Cancel.
§ 286
Registration of the merger shall become members of the zanikajícího Association membership
nástupnickém Association.
§ 287
(1) enterprises participating associations for registration of the merger in six months
from the date when the contract was concluded, the merger may be the one of the participating
associations, which was ready to submit a proposal, to withdraw from the Treaty on the merger.
Resign from the contract and only one party, the commitment of all
the parties to the Treaty-based.
(2) the enterprises participating associations for registration of the merger within one year
from the date when the contract was concluded, the merger, from the contract
to opt-out of all the participating associations.
(3) jointly and severally with the Club, which made the proposal to write
the merger has not been filed in due time, will replace the other unions of the damage resulting from
the members of the statutory body, except those who prove that they have developed
sufficient effort to the proposal was filed in a timely manner.
The Division of the society
§ 288
(1) the merger agreement of the interested clubs about the concluding
the distribution.
(2) the Treaty concerning the distribution contains at least
and information concerning the name,) headquarters and identifying data of the participating associations with
indicating that the Association is being acquired and which are acquiring,
b) determine what assets and debts of the Association takes over zanikajícího
the recipient societies,
(c)) to determine which employees will become employees of the zanikajícího Association
each of the recipient associations,
(d)), the decisive date.
(3) If, in consequence of the breakdown of the merger to change the articles of Association of a
of the recipient associations, provides the contract for the distribution of this agreement
change.
(4) unless otherwise provided in the contract about the distribution of otherwise, each Member of the
zanikajícího of the Association on the date of effectiveness of the distribution of the membership in all
recipient clubs.
§ 289
(1) in the Division with the founding of new societies shall be distributed
Association of project distribution.
(2) the project contains at least
and information concerning the name,) headquarters and identifying data of the participating associations with
indicating that the Association is being acquired and which are acquiring,
b) determine what assets and debts of the Association takes over zanikajícího
the recipient societies,
(c)) to determine which employees will become employees of the zanikajícího Association
each of the recipient associations,
(d) draft statutes of the recipient associations),
(e)), the decisive date.
(3) unless otherwise provided in the draft otherwise, each Member of the
zanikajícího of the Association on the date of effectiveness of the distribution of the membership in all
recipient clubs.
section 290
(1) if it is not from the contract on the Division or allocation of the project clear
What types of assets transferred from the Federal Government distributed to each of the societies,
applies that the recipient societies are co-owners of such assets.
(2) unless a contract about Division or the Division of the project clear
What debts are switching from the Association distributed to each of the societies,
, the successor societies of these debts are committed together and
severally liable.
§ 291
(1) when the Division by merging with the provisions of the merger shall apply mutatis mutandis.
(2) in the Division with the founding of new societies shall draw up statutory authority
distributed by the Federal Government, together with the draft terms of Division and the message
explaining the economic and legal reasons and consequences of the distribution. Report
does not have to be drawn up, if they are all members of the Association, its members
the statutory body, or if all members of the Association.
§ 292
(1) meetings of the Member meeting, which will be submitted to the Treaty on the
Division or allocation of project approval, the one who is
convened, report at least 30 days before its holding.
(2) within the time limit referred to in paragraph 1, the Association shall make available at its headquarters to all
the members of the statutory body of the explanatory report to the economic and legal
the reasons and consequences of the Division, where it is necessary to copy. The report must
contain,
and if it is) about the merger, the draft Treaty on the Division,
the statutes of the Association and of the successor statement of assets and liabilities of all
the participating associations not older than six months, or
(b)) in the case of Division, the establishment of new associations, the project
the Division, a statement of the assets and liabilities of the Association, as well as distributed
the opening balance sheet and the proposal of the statutes of the recipient associations.
§ 293
(1) at least 30 days before the meeting of the Member meeting shall be published
the Association distributed a notice stating that the association with the distribution of
concerns and which societies become the successor of his clubs. In the notification
wish the Association also notifies the creditors of their right under section 301.
(2) if the Association is not the beneficiary of the public budget, if
a negligible number of creditors and, if the total amount of the debt is negligible,
It is sufficient if the notification shall deliver to the known creditors.
§ 294
(1) the contract for distribution of approved member meeting of the participating associations.
The provisions of § 282 shall apply mutatis mutandis.
(2) the Division shall approve the Project distributed by the meeting of members.
(3) a meeting of members may contract for the allocation or distribution of project only
approve or reject.
§ 295
(1) the Association shall submit a proposal Distributed to write Division to the public
the register. If this is about the breakdown of the merger, submit a joint proposal
the Association distributed and successor.
(2) on the basis of the proposal, the competent authority of the registration division, so that the
the same day clears in the public register of the company, the Association, notes,
who is his successor, and the distribution of
and the merger of the succession) writes down the Association effective date of distribution
the merger and the name, address of the registered office of the Association and identifying information, which is
the Club merged with the successor, and any further changes to the successor
the Association, if as a result of the split occurred,
(b) the establishment of new clubs) writes of the recipient associations and
Notes for him, the name, address of the registered office of the Association and identifying information,
that is its legal predecessor.
§ 296
After the registration in the public register distribution you cannot contract for the distribution of
or distribution change or cancel the project.
section 297
(1) enterprises in the merger proposal to the participating clubs
the registration division within six months from the date when the contract was on the Division
can one of the participating clubs, which was ready to draft
submit, withdraw from the contract for distribution. In the event the contract i just
one party, cease to exist by the commitments of all parties to the Treaty-based.
(2) enterprises in the merger proposal to the participating clubs
the registration division within one year from the date when the contract was on the Division
closed, withdrawn from the contract all the participating associations.
(3) jointly and severally with the Club, which made the proposal to write
the Division was not filed in time, replace the other unions of the damage
resulting from its statutory body members, except those who prove that
have developed a sufficient effort to the proposal was filed in a timely manner.
section 298
In the absence of the Association distributed when distribution is the establishment of new clubs
the proposal on the distribution of registration within one year from the date when the decision on the
the Division accepted, aborting a waste of the expiry of decision
the distribution.
section 299
(1) each of the recipient associations shall be liable jointly with the other
the recipient societies for the debts of the Association distributed on přešlé more
the successor society.
(2) if the society's wish to appreciate its wealth expert
appointed him to the Court in accordance with another Act, including separate
the valuation of the assets of the preceding to the individual recipient societies, and meet
the obligation of publication under section 269, guaranteeing each successor Association for
the debts referred to in paragraph 1 only to the amount of the net assets of the acquired Division.
(3) the right of the liability referred to in paragraphs 1 and 2 may not redeem creditors, to whom the
received the security referred to in section 300.
section 300
If a creditor participating Association claim within six months from the date
the day on which the registration of the split became effective against him, has the right to
sure enough, if he proves that he has claims.
If the creditor proves that as a result of the distribution of claims has
substantially worse, has the right to sufficient certainty before
Division of enrollment in a public register.
Section 301
(1) Each, whose legal interests are affected by a Division, has the right to
any of the participating associations said in one month of service
the application, which passes by a division of the assets of the individual recipient
Sorority.
(2) if the debtor of the defunct Association of communications, who is after the
the breakdown of the society, its lender, may carry out any of the recipient
associations. If the creditors of the defunct Association of communications, who is after the
the Division of the society of his debtor, may require the performance of any of the
of the recipient associations.
section 302
Determine if the statutes, that a merger or Division of the Association shall be decided by a different authority
before the meeting, shall apply the provisions of the merger or Division
the Association of the decision-making authority of such provisions, the Member
meeting.
Section 3
Foundation
Subsection 1
General fundacích
Section 303
Foundation is the legal person created by the property dedicated to a specific
the purpose of the. Its activity is tied to the purpose for which it was established.
section 304
Foundation is established to a provision of the law, legal act or in
which must be identified and its property seizure and purpose.
section 305
Internal ratios of the Foundation edits its status.
Subsection 2
Foundation
§ 306
(1) the founder of the Foundation is based in permanent service of socially or
economically useful purpose. The purpose of the Foundation may be publicly rewarding
lies in the promotion of the general welfare, and charity, is to support the
a the categories of persons designated or otherwise individually.
(2) it shall be prohibited to establish a foundation to support political parties and
movement or other participation in their activities. It shall be prohibited to establish Foundation
serving exclusively hire and destinations. Where the purpose of the Foundation is disabled, the Court
It even without the design and ordering its liquidation.
section 307
(1) the Foundation may do business if the business represents only a minor
the activities and the products of the business serves only to promote its purpose; Foundation
However, the business shall not, if it's founder in the Foundation's Charter. For
the same conditions, the Foundation may take over the management of the business of the company.
(2) the Foundation shall not be liable for an unlimited partner business
the company.
§ 308
(1) the name of the Foundation includes the word "Foundation".
(2) a regular part of the name of the Foundation is an indication referring to her
the purpose of the.
The establishment of the Foundation
section 309
(1) the Foundation the Foundation Charter is based, that can be the Foundation
the Charter or acquisition for the case of death.
(2) the Charter of the Foundation takes one person or multiple people.
(3) If on the side of the founder of the Foundation for more persons, shall be considered
the founder of single and in matters of the Foundation must act unanimously;
rejects if any of the following persons consent without serious reason, grant,
replaces it to the design of any of the other founding parties its
by decision of the Court.
(4) the Foundation's Charter requires a form of public documents.
Section 310
The articles of incorporation of the Foundation includes at least
and the name and address of the Foundation),
(b) the name of the founder and his) residence or registered office,
(c)) the definition of the purpose for which the Foundation is based,
(d) an indication of the amount of the deposit) of each of the founder,
(e) an indication of the amount of the Endowment) of capital,
(f) the number of members of the Management Board) and the names and place of residence of its first members and
an indication of how the members of the Board of Directors for the Foundation Act,
(g)) the number of members of the Supervisory Board and the name and residence of its first members,
or, if a supervisory board is established, the name and place of residence of the first
Auditor,
(h) deposits and Manager) designation
I) conditions for granting Foundation contributions, where appropriate, the class of persons,
which may be granted, or the range of activities that the Foundation may be due to the
the purpose of carrying out, or determine that these elements determine the status
the Foundation.
section 311
(1) Foundation purchase for death brings to the Foundation
deposit by profession of the Foundation for the heir, or the regulation of a link. In such a
If the effectiveness of the Foundation takes the death of the testator.
(2) if the Foundation Charter contained in the acquisition for the case of death,
contains at least
and the name of the Foundation)
(b)) the definition of the purpose for which the Foundation is based,
(c) an indication of the amount of the deposit),
(d) an indication of the amount of the Endowment) of capital and
e) conditions for granting Foundation contributions, where appropriate, the class of persons,
which can provide, or to specify that these requirements be determined
the Statute of the Foundation.
§ 312
(1) if the acquisition does not include death further conditions laid down
in § 310, decides about them the person designated in the acquisition, otherwise the executor
Wills; This is true even if the testator has appointed members of the Management Board
or supervisory board and one of them died, is not capable of function
hold or it refuses.
(2) the decision referred to in paragraph 1 requires a form of public documents.
section 313
(1) unless the Foundation Charter of the subject of the deposit, the deposit
the obligation to fulfil in the money.
(2) Determine if the Foundation Charter of the deposit obligation fulfilled by injecting
a non-monetary item, and if this is not possible or does not reach the value
deposit obligations when the amount of the deposit specified in the Foundation Charter,
It is considered that the depositor makes up the difference in cash.
Section 314
The Statute of the Foundation
(1) the Statute modifies at least
and the way the Foundation's authorities), and
(b)) the conditions for granting Foundation contributions, and the circuit
people whom you can provide.
(2) unless the founder of the Statute of the Foundation, together with the Foundation's Charter,
It shall issue after the previous consent of the Supervisory Board, the administrative board into one
months from the date of creation of the Foundation. Although if the Foundation Charter,
decide on amendments to the Statute after the previous consent of the Supervisory Board, the administrative
the Council.
(3) the Foundation Statute shall publish in a collection of documents. Each may, in
the public register in the Statute to inspect and take from it's listings
copies or copies. The same law can be applied also in the headquarters of the Foundation.
§ 315
The creation of the Foundation
(1) the Foundation arises on the date of registration in a public register.
(2) a proposal for the registration of a foundation in the public register serves the founder;
If this is not possible, and did not specify when the founder of something else, shall submit a proposal to the
writing on behalf of the Foundation, its Board of Directors.
Section 316
The change of the registered office of the Foundation
This shall not preclude the Foundation Charter, the Management Board may, after prior
observations of the Supervisory Board to change the registered office of the Foundation. The decision on the relocation of
the Foundation headquarters abroad requires the approval of the Court; the relocation of the Court
Headquarters does not approve, if there is no serious reason for it, or threaten to change the
the headquarters of the legitimate interests of the persons to whom they are to be provided to the Foundation
posts.
Change the Foundation Charter
section 317
After the formation of the Foundation can be the instrument of change Foundation to the extent and in the manner
the founder of the Foundation Charter expressly reserved for himself or any
from the bodies of the Foundation.
§ 318
(1) If, after the formation of the Foundation, the circumstances so much that they throw in the interest
the Foundation's reasonable need to change its internal relationships, the founder of the
the Foundation's Charter change, even if such a right in the Foundation Charter
nevyhradil; to force the changes required to the Board agreed
the Council and the change to touch the rights of third persons.
(2) the amendment of the Foundation Charter of the Foundation shall be published; the effectiveness of the amendment shall take
on the expiry of three months from the date of publication. Propose to the Court within that time
the one who claims that his rights have been changing the Foundation Charter, to
decided on the invalidity of the changes, the Court may decide that the effectiveness of the changes
the Foundation of the Charter be postponed until its decision.
(3) the provisions of paragraphs 1 and 2 shall not apply if the change Foundation
the instrument should relate to the part on which the founder of the Foundation Charter
that is unchanging.
section 319
(1) if there is not already a founder and changed after the occurrence of the circumstances
so much so, that in the interest of the Foundation will throw a reasonable need for changes to its
internal ratios, can change the Foundation Charter may decide, on a proposal
Foundation of the Court; with the filing of the application, the Management Board must agree.
(2) the Court proposal, if the proposed amendment to the Charter of the Foundation
not affect the rights of third parties; at the same time must be spared as much as possible the intention
the founder of the obvious from the Foundation of the Charter and the conditions that
the founder of the Foundation for such a case in the Charter, where appropriate, determine.
(3) the Court, in deciding to change the Foundation of the Charter shall take into account
opinion of the Supervisory Board and shall take into account the interests of third parties worthy of the
legal protection.
section 320
Determine if the founder in the Foundation Charter expressly that it is modified or
You cannot change a part, it cannot be changed or by decision of the
of the Court.
Special provisions concerning the amendment of the purpose of the Foundation
section 321
(1) shall not give rise to the right to change the purpose of the endowment of the Foundation Charter of the founders
or any authority of the Foundation, the purpose of this change on a proposal from the Court of
approved by the Foundation Board and the Supervisory Board. If, however, do not agree with such
by changing the founder or the person designated in the Foundation Charter, the Court proposal
will be rejected.
(2) the Foundation shall be published without undue delay after the filing of the notice of proposal
the proposed change. Anyone who has a legal interest may oppose the proposal
oppose in court within one month from the day when the notification was
published.
Section 322
If the purpose of the Foundation is impossible or difficult reachable from the root causes
the founders of unknown or unpredictable for him, will replace the Court on
the founder of the design or of the person who has a legal interest in it, the existing
the purpose of the Foundation of similar purpose, unless the Foundation's Charter specifies something else.
Section 323
If there is not already a founder and if there is even a person that the founder
where appropriate, the right to agree to the change, he founded the purpose of the Foundation, or such
refuse consent, the Court will take when deciding to change the purpose of the Foundation
account of the known zakladatelovy intentions and desires, even if not of the Endowment
the instrument clear.
section 324
On the change of the purpose of the Foundation of publicly beneficial to the charity can
decide only if the Court is particularly serious for this reason and Endowment
the Charter does not preclude it.
section 325
When the purpose of the Foundation changes, gifts must be granted in favour
the original purpose, and the income from them is used to provide the Foundation
contributions under the original purpose, unless donors reflected a different will.
Section 326
If the purpose of the Foundation, at the same time, the Court may decide, even without the proposal, in
to what extent and how time, the Foundation will use the proceeds of the Endowment
the principal for providing Foundation contributions in accordance with the original purpose.
This range and time determines when it requires fair interest
persons designated in relation to the original purpose of the Foundation for the recipient Foundation
contributions. If the Court changes the purpose of the Foundation of the public economic interest to
charity and decides about this scope and time, the Foundation
It will use the proceeds from the four-fifths to providing Foundation contributions in
accordance with the original purpose for a period of five years from the date when the change became
effective.
Deposits to the Foundation
Section 327
(1) the amount of the deposit with a real subject cannot determine a higher amount than the
What has set as the value of the subject of the deposit made by an expert.
(2) if the subject of the deposit to a non Foundation must meet the prerequisite
sustained yield and may not serve as a guarantee.
section 328
(1) if the subject of deposit investment security or instrument
money market according to the law governing business on the capital market,
its value may be determined by the weighted average of the prices also, for which they were
made this a valuable stores of paper or instrument on the regulated
the market at the time of six months prior to the repayment of the deposit.
(2) paragraph 1 shall not apply, if the value of the subject of the deposit, the designated
in accordance with paragraph 1, affected by exceptional circumstances, that would be it for the day
compliance with the obligation to deposit a significant change.
Section 329
(1) if the subject matter other than deposit investment security or
money market instrument under the law governing business
the capital market, the value can be specified also
and the market value of the specified things) generally recognized independent expert
for the use of generally accepted valuation principles and procedures, not earlier than
six months prior to the completion of the deposit obligation, or
(b) the amount of the award in the case) to the financial statements for the accounting period immediately
prior to the formation of the deposit obligation, if this thing is valued
at fair value under other legislation, and if the auditor has verified the
the financial statements with the statement without reservation.
(2) paragraph 1 shall not apply where there are new circumstances, which could
the value of the deposit on the date of fulfilment of the obligation to deposit a significant change.
section 330
(1) before the creation of the Foundation deposit of at least fulfill obligation to
total amount of deposits of at least the amount corresponded to 500 000 Czk.
(2) Deposits into the Foundation shall take the person before the creation of the Foundation
the Charter has designated as the administrator of the deposits. Expires if the function calls
the founder of the executor of the will, as appropriate, or other authorized person without
undue delay, the new administrator of the deposits; If this is not possible, call the new
the administrator deposits the Administrative Board of the Foundation. The rights and obligations of the administrator
shall apply mutatis mutandis to the provisions on the rights and obligations of members
legal persons.
§ 331
(1) the deposit obligation fulfilled by passing the course the deposit Manager
deposits. The Foundation shall acquire title to the subject matter of the deposit on the date of its
creation, however, if the law binds the acquisition of ownership rights to write to the
the public list, becomes the subject of the transfer to the ownership of the Foundation to this
the notation.
(2) if the subject matter of a deposit, the deposit lodged by the administrator of the Special
an account at a bank or savings and credit cooperatives, for the Foundation and
to establish her name. The one who leads the account, until the formation of the Foundation will not allow
from the balance on the account and payment, unless the payment is established, that the Foundation
has not been validly established; the Foundation has been established for the acquisition case
death, requires that the invalidity of the establishment of the Court.
(3) if the subject matter included in the deposit of public list, passes
the depositor, the deposit Manager and a statement of the case of the deposit; After the formation of
the Foundation of her right of ownership to the public list writes on the basis of
This statement of privacy. Requires that the Declaration was the signature of the depositor
officially certified.
section 332
Deposit Manager will confirm in writing to the person who proposes the registration
the Foundation in the public register, who deposit obligation fulfilled when
so, what is the subject of the deposit and what is the total amount of deposits.
If confirmed, the administrator deposits the higher range of performance than what corresponds to the
the fact shall be liable up to the amount of the difference to creditors for debts of the Foundation for
five years since the inception of the Foundation.
section 333
(1) subject to the deposit Taken shall transmit to the administrator deposits the Foundation without undue
delay after its inception.
(2) if not, the Foundation returns the administrator deposits the subject person, deposit
honouring or brought. Legal negotiations made by the administrator in
manage the subject undertake to this person.
§ 334
(1) after the formation of the Foundation can be an endowment principal reproduce nadačními donations or
the decision to increase the Endowment capital.
(2) if the subject meets the prerequisite of permanent non-donation revenue and
It does not serve as a guarantee, it shall be deemed that the gift increases Endowment
principal.
The assets of the Foundation and endowment capital
section 335
The assets of the Foundation consists of the Endowment principal and other property.
section 336
(1) the principal of the Endowment consists of a set of objects into the Foundation, where appropriate, the
Endowment gifts.
(2) the Endowment principal must have at least the amount of the total value of the corresponding
500 000 Czk.
section 337
The monetary expression of the Endowment principal is the Endowment capital. The amount of the Endowment
the capital is recorded in the public register.
section 338
(1) the Foundation uses its assets in accordance with the purpose referred to in the Endowment
the Charter and the Statute and under the conditions there, intended to provide a foundation
contributions, to ensure that its own activities to fulfil its purpose and to
payment of the costs of the evaluation of the Endowment principal and costs on your own
Administration.
(2) the legal acts establishing the Foundation assumes unlimited liability for
another person, shall be disregarded.
§ 339
(1) what constitutes Endowment principal, unable to stop or otherwise used to
securing the debt. This does not apply if the Foundation operates a commercial plant, in
extent necessary for its smooth operation.
(2) Dispose can be anything from Endowment principal only if it is not contrary to the will of the
the person who gave the gift to the Foundation or the deposit obligation fulfilled.
Otherwise, it can be anything from the Endowment principal to dispose of, only if this occurs for
the consideration included in the endowment of the principal or, in the case that the need for
the transfer sparked such a change of circumstances, which could not be foreseen
and otherwise you cannot deal with it, even when spending the proper care
the householder.
§ 340
The Foundation handles the Endowment principal with care, as this law provides for the
management of foreign assets. If required, subject to the provisions of the simple administration
Foreign assets to a particular legal negotiations, the assent of the beneficiary,
requires the prior consent of such legal acts persons designated
in the Foundation's Charter; If this person is not specified, the previous
the consent of the Supervisory Board.
§ 341
(1) if the Endowment capital or turnover of the Foundation in the past by the
the period of the above at least ten times higher than provided for in § paragraph 330. 1,
shall be subject to the regular financial statements, financial statements and
the consolidated financial statements by the auditor authentication.
(2) the auditor shall be subject to verification of the financial statements, even if it decides to
According to her, about the increase or reduction of capital, or the conversion of
the Foundation.
Increase of capital
§ 342
(1) after the approval of the financial statements, the Management Board may, within one year from the date of
the date to which the data have been identified, of which the financial statements
drawn up, decide on the proliferation of the Endowment principal and increase the Endowment
capital,
and if not increase) the endowment of capital higher than the difference between the amount of the
own resources finance assets reported in the balance sheet of the Foundation
liabilities and capital and Endowment
(b)) if not to increase the endowment of capital used its own resources,
that are earmarked and whose purpose is not authorised to change the Foundation.
(2) the decision on the proliferation of endowment principal and increase the Endowment
the capital contains the amount of the Endowment capital increases, and the designation
the source from which the Endowment capital increases, according to the structure of the own
sources of financing of the assets of the Foundation in the financial statements.
(3) where the Foundation of any subsequently compiled financial statements
a reduction in own resources, based on when deciding on the increase
the endowment of capital from these financial statements.
§ 343
(1) if the Foundation Increases Endowment capital in the amount of the donation, whose subject is
thing to be input into the Foundation, must not be the extent of the increase in the Endowment
the capital is higher than its value.
(2) the decision on the increase of the capital, contains the amount by which the
Endowment capital increases, and the description of the things, that multiplies the Endowment
the principal, together with an indication of the value of things and the way it was
This value is determined.
Reduction of capital
§ 344
(1) does not prohibit this endowment, the Foundation Charter may reduce the Endowment
by reducing the capital endowment of the principal, if it requires an interest in
efficient fulfillment of its purpose. To reduce the Endowment capital can be
at most, about a fifth of the amount corresponding to the amount of the Endowment capital in the course of the
of five years. Reduction in endowment capital cannot be directly or indirectly cover
the cost of the administration of the Foundation.
(2) the decision on the reduction of capital includes the amount by which
the Endowment capital decreases, and the reason of which is reduced.
§ 345
It shall be prohibited to reduce the Endowment capital to an amount less than the 500 000 Czk.
§ 346
If the Foundation will cease to have any part of the endowment of the principal, or if the
its value significantly, without undue delay, the Foundation's endowment principal
make up; If this is not possible, a reduction in the scope corresponding to the loss of
the Endowment capital.
Common provisions
section 347
The increase or reduction of capital shall be decided by the Administrative Board after
the prior consent of the Supervisory Board.
§ 348
Increase or reduction of capital, shall take effect on the date of registration in the
the public register.
Associated with the Fund
section 349
(1) the Treaty can entrust the management of the Foundation as an associated fund assets
eligible to be subject to deposit in the Foundation and instruct the Foundation to use
This property to ujednanému the purpose is related to the Mission of the Foundation;
the use must not be in support of a political party or political
the movement.
(2) the Treaty requires the written form.
section 350
If it is agreed that the Foundation will manage the associated fund under a special
the designation, the mark must include the words "associated with the Fund". Designation of the
must be placed at the same time with the name of the Foundation, which is associated with the Fund
It manages.
Section 351
It is considered, that the Foundation carries out a simple asset management in the associated
the Fund and that it carries out in return for payment in the amount of what is in similar cases
usually requires.
§ 352
(1) the management of the Fund with the associated rights and obligations arise only
who manages the Foundation. Property in an associated fund records the Foundation separately
from his property.
(2) if it is canceled, the liquidator shall dispose of the Foundation associated with the Fund,
to its legal nature and purpose continued to be maintained.
Endowment contribution
section 353
(1) the Foundation shall not provide a contribution to a person who is a member of the
its authority or which is an employee of the Foundation, or a person close to them.
(2) if there are reasons for this worthy of special attention, provoked by the
the side of the founder by changing the circumstances, may not provide the Foundation Endowment
the contribution of its founders; If there are such reasons shall
the Council, in consultation with the Supervisory Board or the auditor. This is true even for
the case of the provision of the prize founder, in person unless
the Foundation was established to support the persons close to the founders.
§ 354
Who received the Foundation's contribution, may be used only in accordance with the stipulated
the terms; on request, the Foundation proves how to used it. Who used the
the Foundation's contribution in conflict with the stipulated conditions, return it to the Foundation
as unjust enrichment.
§ 355
(1) the Foundation shall not provide donations, if the amount of own
sources of financing the assets reported in the balance sheet on the Foundation side
liabilities of less than the amount of the Endowment capital, adjusted in accordance with paragraph 2, or
If would be lower than the adjusted amount of capital as a result of
providing Foundation contributions.
(2) the amount of the Endowment capital shall, for the purposes set out in the
paragraph 1
and increase the Endowment capital) as a result of the adoption of the Endowment capital
or, even if the decision has not yet been entered into the public register, and
(b)) own resources, which are earmarked and whose purpose is the Foundation
authorized to change.
(3) the provisions of paragraphs 1 and 2 shall not apply to the case of the provision of
contributions of donations intended for this purpose.
section 356
The person who has accepted in good faith the Foundation contribution granted in
contrary to § 355, is not obliged to return it.
§ 357
Cost of management
The Foundation charges separately on the Foundation contributions, other activities
to fulfill the purpose of the Foundation and of the cost of its administration.
Annual report of the
§ 358
(1) the Foundation shall draw up an annual report by the end of the sixth month of the expiry of the
of the previous accounting period.
(2) the annual accounts and the report contains an overview of all the activities
the Foundation, including the assessment of this activity.
(3) the annual report of the Foundation shall at least
and your own) the assets and liabilities,
(b)) for each Foundation donations list on the persons who provide
donation of a value higher than 10 000 CZK
(c)) for an overview of how the assets of the foundation used,
(d)) an overview of the people, which was granted an endowment contribution in value
more than 10 000 CZK
(e) assess whether Foundation) in its management had complied with the rules for
providing Foundation contributions under section 353 to 356, and an overview of cost
on its own administration and
(f) the assessment of basic data) the annual accounts and Auditor's report,
If the Foundation is obliged to have the accounts certified by an auditor.
(4) If after the publication of the reports revealed the fact that justifies
fix news, Foundation repair, without undue delay and shall publish a performs.
§ 359
(1) at the request of the donor, the Foundation information about donors in the annual report
does not. The same right is also the recipient of the contribution. In granting
the prize worth more than $ 10,000, may apply for
anonymity just a man, who got an endowment contribution from
humanitarian reasons, in particular for reasons of health.
(2) the foundation preserves the anonymity, if it delivers the authorized persons the request before the
approval of the annual report. The man, who got an endowment contribution from
humanitarian reasons, however, may exercise their right to anonymity
at any time, if it the Foundation of his right to grant
instructions; It is considered, that the lesson was not given.
§ 360
(1) the Foundation shall publish an annual report within thirty days of its approval
the Administrative Council and shall make available to it at its headquarters. If the Foundation
established as a public good, will make available an annual report in
its headquarters.
(2) if the Board Approved the annual report, the Foundation shall publish an annual
the report follows a modified in paragraph 1 not later than the end of the
immediately following the accounting period and States that the annual report
has not been approved and the reasons for it.
§ 361
Each may in the public register in the annual report to inspect and do's
from her statements, copies or copies. The same law can be applied also in the headquarters
the Foundation.
The Administrative Council
§ 362
The Board is a statutory authority of the Foundation; has at least three members.
§ 363
Unless the Foundation Charter of more restrictions, there is no membership in the administrative
Board eligible person
and) is a member of Supervisory Board of the Foundation,
(b)) is to the Foundation in the employment relationship, or
(c)) is not in relation to the purpose of the Foundation is impeachable.
§ 364
Unless the Foundation Charter of another term of Board Member, is
the five-year. Although if the Foundation Charter, the Board member to vote
I repeatedly.
section 365
(1) unless the Foundation Charter of something else, elected and recalled by its members
the Board itself.
(2) the Foundation Charter may specify that a certain number of members of the Management Board
shall be elected from among the candidates proposed by the persons designated by the Board
the Foundation Charter, where appropriate, the persons designated in the manner laid down therein.
section 366
Unless otherwise provided in the Foundation Charter for other reasons, the Appeals Board of the function
its a member who seriously or repeatedly violated the Foundation's Charter or
the Statute, or who broke the law in a manner clearly distorting the reputation
the Foundation. If they do so within one month from the day on which the reason for
recall, but not later than within six months from the date of this
the reason was, withdraw from the Management Board on a proposal from the Court function person
demonstrating a legitimate interest; the right to pursue an appeal of a member of the Board
the Council shall lapse, unless exercised within a year of the date when the reason for the appeal
originated.
Section 367
(1) shall lapse if membership on the Management Board, the Management Board shall elect a new
a member within three months. If it fails, it shall appoint a new Member of the Management Board
the Court on the proposal of the Supervisory Board or at the request of the person who shall certify the legal
interest, for a period, until the Board has chosen a new Member.
(2) the Court shall appoint a new Member of the Management Board and, if the administrative
the Council for the decline in the number of its members unable to act on the new ballot.
The Supervisory Board
§ 368
(1) the Supervisory Board is the control and the audit authority of the Foundation; has at least three
members.
(2) the Supervisory Board shall be established, if the amount of the Endowment capital
at least ten times higher than provided for in § paragraph 330. 1.
§ 369
Unless the Foundation Charter of more restrictions, there is no membership in the Supervisory Board
eligible person
and is a member of the Management Board) or a liquidator,
(b)) is to the Foundation in the employment relationship, or
(c)) is not in relation to the purpose of the Foundation is impeachable.
section 370
(1) If a Foundation Trust deed or within the limits of its determination of the status of the
the Foundation supervisory board more responsibilities, the Supervisory Board
and supervising Board) the Council shall exercise the responsibilities according to the law and in conformity
with an endowment by the Charter and the Statute,
(b) performance) checks the conditions laid down for the provision of Foundation
contributions,
(c)) notes the Board of the identified shortcomings and proposes
their removal,
(d)), as checks are conducted and review the annual accounts, an extraordinary
and consolidated accounts,
(e)) is expressed to the annual report and
(f)) at least once a year the Administrative Board shall in writing a report on the
their control activities.
(2) the Supervisory Board shall represent the Foundation against the Member of the Management Board, as well as in the
each of the issues, when the interest of Management Board members is contrary to the interests of the Foundation.
For this purpose, the Supervisory Board shall entrust one of its members.
§ 371
(1) the Supervisory Board shall convene a meeting of the Board, if the draft
the Supervisory Board does not make the President of the Administrative Council.
(2) within the scope of the Supervisory Board may inspect its authorized Member
in the documents of the Foundation and request from the members of other bodies of the Foundation or
its employees an explanation to each of the issues.
section 372
Unless the Foundation Charter of something else, elected and recalled by its members
the Supervisory Board itself. For the election and dismissal of the members of the Supervisory Board and for their
the term applies, mutatis mutandis, the provisions of the Administrative Council.
The Government Inspector
§ 373
(1) if it is not established, the Supervisory Board carries out its responsibilities.
(2) the Foundation Charter or the Statute of the Foundation may provide that function
Auditor will perform the legal person whose business activity
enables performance monitoring and review activities, and that this function will be
exercise and for an indefinite period.
section 374
(1) For eligibility for statutory auditors shall apply mutatis mutandis to section 369. If the auditor of the
legal person, may exercise its rights and obligations associated with the
features auditor its representative, who satisfies the conditions referred to in the first sentence.
(2) unless the Foundation Charter period is shorter, the term of Office of Auditor
the five-year. Auditor can choose repeatedly, if the Foundation Charter
ruled out.
Section 375
(1) unless the Foundation Charter of another way, elected and dismissed by the auditor
the Administrative Council.
(2) unless the Foundation Charter for other reasons, the Appeals Board
person who seriously or repeatedly violated the Foundation's Charter or
the Statute, or who broke the law in a manner clearly distorting the reputation
the Foundation. If they do so within one month from the day on which the reason for
recall, but not later than within six months from the date of this
the reason was, on a proposal from the Court revokes the auditor a person demonstrating a legitimate
interest; the right to pursue the appeal to lapse, in person if
within a year of the date when the reason for the appeal originated.
The cancellation of the Foundation with the liquidation
§ 376
If it was achieved the purpose for which the Foundation was founded, is the Foundation
cancelled and the Board shall elect the liquidator.
§ 377
(1) the Court shall revoke the Foundation with the suggestion of the person who has it
the legal interest in, or even without a proposal in the event that the
and develops activity prohibited) Foundation in § 145 or acts in contravention of section
307,
(b)), the Foundation becomes unlimited liable partner company,
(c)) the Foundation seriously or repeatedly violates the prohibition to provide Endowment
the contribution of the person referred to in section 353,
(d) the Foundation does not provide grants) more than two years without it
has a serious reason,
(e)) of the Foundation shall be treated with the Foundation deposits contrary to section 339,
(f)), the value of the Endowment principal drops below the amount of 500 000 Usd, and that this
the State lasts longer than one year from the end of the accounting period in which the reduction
the value of the Endowment principal there,
(g)) does not provide any Endowment principal income for more than two years,
or
(h)) is not permanently possible to continue to fulfil its purpose Foundation.
(2) this provision is without prejudice to section 172.
Section 378
(1) the liquidator in a winding up by cashing in the substance of the extent necessary for the
debt settlement Foundation. With the winding-up shall be disposed of according to the balance of the Endowment
of the Charter.
(2) Determine if the Foundation Charter of public utility Foundation that has to be
winding-up balance used to other than the public interest objectives,
be taken into account.
section 379
(1) unless the Charter of Foundation, as it should be with the winding-up balance
loaded, offer it to the liquidator of the Foundation with similar purposes. However, if the
for this reason, the Management Board may decide that liquidation
the balance of the priority offer municipality, region, or State.
(2) if it is not possible to the Foundation with a similar purpose of winding-up balance
offer, or if the menu is made in accordance with paragraph 1 is refused,
the liquidator will offer a winding-up the balance of the village, on whose territory the Foundation
registered office. If the municipality does not accept the offer or within two months from the date of its
efficiency, the winding-up the balance of the County, on whose territory the Foundation
registered office.
section 380
If the liquidation balance village, County or State, the winding-up
the balance only to publicly useful goal.
§ 381
The Foundation has earmarked the fulfilment of the public budget,
the provisions of § 378 shall not apply and the liquidator shall be disposed of with the appropriate parts of the
the winding-up of the balance in accordance with the decision of the competent authority.
The transformation of the Foundation
section 382
(1) the conversion of the Foundation may be its merger with another Foundation or
with the Foundation, or by changing the legal status of the Endowment Fund.
(2) the Foundation may merge with another Foundation or Endowment Fund, if it
the Foundation's Charter does not preclude the use of the interested person and the same or
similar purpose. When you merge the Foundation with Endowment Fund must be
the acquiring person Foundation.
§ 383
(1) the contract of amalgamation contains at least
and information concerning the name,) headquarters and the information identifying people involved with
an indication of which of them is being acquired and which the successor,
(b)) in which the structure of the successor takes over the person's own folder
capital and foreign capital are acquired by persons who are not of obligation,
(c) the amount of the Endowment capital), if the acquiring person Foundation
(d) the agreement on the amendment of the Statute) the acquiring person, if, as a result of
Merge to such change,
(e)), the decisive date.
(2) Combined to the Foundation, is the amount of capital referred to in paragraph 1
(a). (c)) the sum of the Foundation capital the Foundation being merged. When
merge the Endowment Fund with the Foundation as the acquiring person may be
Foundation capital raised, under the conditions provided for in § 342; in this case,
the contract must contain particulars of the merger referred to in § 342 paragraph. 2.
(3) the contract on merging requires the form of a public instrument.
section 384
(1) the persons concerned before conclusion of the contract on merging with each other
make available its accounts and provide additional information and documents
needed for the assessment of the legal and economic implications of the merger.
(2) Who is familiar with the particulars referred to in paragraph 1, preserves the confidentiality of
the facts that the law prohibits the disclosure or publish
can cause serious injury to the person concerned.
section 385
Of the Supervisory Board or the Auditors shall examine the accounts of the persons involved
each of the participating persons and shall draw up a report on the facts, which are
the subject of their accounts including the opinion on the draft Treaty on the
Merge and to the economic consequences of the merger; a report can be compiled and
as common to all interested persons.
section 386
(1) If a report Is prepared pursuant to section 385, decide to merge the administrative
the Council of the people involved. Management Board meetings must be announced at least
thirty days prior to the holding; in that period, with each Member of the Board
the Council shall make available
and the draft agreement on merging),
(b)) to be the result of a merge to change the articles of Association of the acquiring person
its statutes,
(c)) the accounts of all the parties concerned; If the financial statements
built from information on the date, from which, on the date a copy of the draft Treaty on the
merge more than six months, is also an interim financial statement
the person concerned,
(d) the opening balance sheet of the acquiring person) and
(e) the report referred to in section 385).
(2) the Administrative Council may draft Treaty to merge just to accept or
refuse.
(3) if the meeting shall convene the administrative boards of the participating persons, such as common,
the individual vote of the Administrative Council on the draft Treaty on the merger separately.
If, however, after the approval of the Treaty, shall elect members of the organs of the acquiring
person, the Board may decide that the people involved will be about
These members to vote together.
§ 387
(1) the person concerned shall be published at least 30 days before the meeting of the administrative
the Council of the joint notification, indicating which of the persons concerned, and to merge
which of them will become the acquiring person.
(2) If a creditor of the person concerned, within six months from the date of the claim
the date on which the registration of the merger became effective against him, has the right to
sure enough, if he proves that he has claims.
If the creditor proves that the merging of the claim has
substantially worse, has the right to sufficient certainty before
Division of enrollment in a public register.
§ 388
The right to sue the invalidity of the contract of amalgamation has only interested
person, Member of the Management Board, the Supervisory Board or the Inspector; This right
shall cease, if the proposal is not filed within three months from the date when held
meetings of the Administrative Council.
section 389
(1) a proposal for the registration of the merger in the public register shall be submitted together
all interested persons; the proposal also signed by members of the statutory
authority of the acquiring person.
(2) on the basis of the proposal is to make the entry of the merge, so that the same day
Clears the person being in the public register, noting who is their
successor, and the acquiring person shall state the effective date of a merger and
the names, addresses and identifying data of persons with
the acquiring person merged, and any other changes to the acquiring
If as a result of the merge occurred.
§ 390
(1) if the person concerned, in the absence of a proposal to merge into six enrollment
months from the date when the contract was concluded, the consolidation of any of the
those stakeholders that was ready to submit a proposal, from the contract
withdraw. Resign from the contract and only one party, cease to exist by
the obligations of all parties, the Treaty-based.
(2) if the person concerned, in the absence of a proposal to merge into a single write
year from the date when the contract was concluded for the merge, since the
the Treaty withdrew all interested persons.
(3) jointly and severally with the person concerned, that caused the
the proposal to merge the registration has not been filed in due time, will replace the other interested
damage resulting to persons of members of the statutory body other than
those who demonstrate that they have developed a sufficient effort to the proposal was filed
in a timely manner.
Change of the legal form of the Foundation to the Endowment Fund
§ 391
(1) Admit this a foundation Charter expressly, the Administrative Board after
previous observations of the Supervisory Board or the auditor may decide to modify
the legal form of the Foundation to the Endowment Fund, but only if there is a reduction in the
the value of the endowment of the principal under section 330 of laid down in paragraph 1(b). 1 for a period of
rather than temporary.
(2) the decision on the change of legal form must contain the
and the Foundation name designations), and identifying information
(b)) the name of the Fund after the change of the legal form,
(c)) the decisive date,
(d)) data on members of organs of the Fund, which shall be entered in the
the public register.
(3) the decision requires a form of public documents.
Section 392
The decision on the change of legal form shall take effect on the date of registration in the
the public register.
§ 393
(1) at least thirty days before the meeting of the Administrative Board of the Foundation shall be published
notice of intent to adopt a decision on the change of legal form.
(2) a creditor of the Foundation logs on his claim within six months from the
the day on which the registration of the change of legal form became effective against third parties,
can apply to ensure their claims sufficient certainty, if the
as a result of changes to the legal form of her has worsen. If the creditor,
as a result of changes to the legal form has its claims
significantly deteriorates, he belongs to the sufficient certainty before
registration of changes in the legal form of the public register.
Subsection 3
Endowment Fund
§ 394
(1) the founder of the Fund for the purpose of establishing a useful socially or
economically.
(2) the name of the Fund shall contain the words "Endowment Fund".
section 395
The Endowment Fund is determined by the memorandum or the acquisition of a case
death.
§ 396
(1) the articles of Association of the legal negotiations contains at least
a) name and registered office of the Fund,
(b) the name of the founder and his) residence or registered office,
(c)) the definition of the purpose for which the Fund is based,
(d) an indication of the amount of the deposit), or about his subject, nepeněžitém
(e) the number of members of the Management Board) and the names and place of residence of its first members and
an indication of how the members of the Board for the Endowment Fund Act,
(f) the number of members of the Supervisory Board) and the names and place of residence of its first members,
or the name and domicile of the first auditor,
(g) the determination of the administrator) deposits and
h) conditions for granting contributions from the assets of the Fund or
definition of circuit of the activities that the Foundation may due to its purpose
to exercise.
(2) establishing an Endowment Fund to the acquisition for the case of death, and unless the
the founder or the way the appointment of the first members of the Board and of the Supervisory Board,
where appropriate, first auditor, appointed by the executor of the will; otherwise, it is
on a proposal from the court appoints a person demonstrating a legitimate interest on it.
§ 397
The emergence of the Endowment Fund
Endowment Fund arises on the date of registration in a public register.
§ 398
(1) the assets of the Fund consists of the file generated from the deposits and gifts
the subject may not meet the prerequisite of sustained yield. What is in the
the assets of the Fund, cannot be stopped, nor otherwise use to ensure
the debt; the legal acts which it contradicts, shall be disregarded.
(2) the assets of the Fund can be disposed of, if it is in accordance with the purpose of
the Endowment Fund. You can also use the investment considered
prudent.
(3) the Foundation does not fund the principal or capital endowment.
§ 399
(1) Admit it explicitly to the establishment a legal hearing, the administrative
the Council shall decide after the previous observations of the Supervisory Board or the auditor of the
the change of the legal form of the Endowment Fund at the Foundation. The decision to change the legal
forms must contain at least the name of the designation of the Endowment Fund, established and
identifying particulars and particulars laid down for the Foundation's Charter.
(2) the decision requires a form of public documents.
section 400
(1) at least thirty days before the meeting of the Administrative Council shall publish the Endowment
the Fund notice of intent to change the legal form.
(2) a creditor of the Endowment Fund, which logs on his claim within six
months from the date when the change became effective against third parties,
can apply to ensure their claims sufficient certainty, will get worse if the
as a result of changes to the legal form when a claim. If the creditor,
as a result of changes to the legal form when his claims will get worse
significantly, it belongs to him sufficient certainty prior to registration
changes to the legal form of the public register.
section 401
(1) if it is not possible to permanently Fund continues to fulfil its purpose,
the Administrative Board shall decide on the revocation of the Endowment Fund with the liquidation and shall elect
the liquidator.
(2) if the Fund fails to fulfil the purpose for which it was established, the Court cancels the
on the proposal of the person demonstrating a legitimate interest on it, and orders his
liquidation.
Section 4
Institute of
§ 402
The Institute is a legal entity established for the purpose of operating activities
useful socially or economically with the use of their personal and property
folder. The Institute operates an activity whose results are each an equal
available, under the conditions laid down in advance.
section 403
If the Institute of business race or other secondary activities may not
be detrimental to the operation of the quality, scope and availability of the services provided by the
in the framework of the main activities of the Institute. Profit may be used only to support the Institute
the activities, for which it was founded, and to cover the costs on its own administration.
Section 404
The name of the Institute
The Institute's name must contain the words "registered Institute", it is sufficient, however, stands
"from a. r."
section 405
The Foundation of the Institute
(1) the Institute is determined by the memorandum or the acquisition of a case
death. The establishment of legal negotiations contains at least
and the name of the institution and its) headquarters,
(b) the purpose of the definition of the subject), the Institute of its activities, where appropriate, subject
his business,
(c) an indication of the amount of the deposit), or about his subject, nepeněžitém
(d) the number of members of the Management Board) and the names and place of residence of its first members and
(e)) details about the internal organization of the Institute, nevyhradí to the edit
the Statute of the Institute.
(2) if the articles of Association shall establish a legal hearing, the Supervisory Board shall be in it
the number of members of the Supervisory Board and the name and residence of its first members.
section 406
(1) a change of the incorporation of the legal acts and decides for the duration of the
the Institute's founder.
(2) if the decision of the founder can be, his rights against the
the Institute the person designated provision legal acts to the extent there
that, otherwise it takes the Administrative Council; in this case, however, the
decision of the Administrative Council on the change of the purpose of the Institute or its cancellation
requires the prior consent of the Court.
section 407
The creation of the Institute
Department of registration in a public register.
Section 408
The Director of the
(1) the Director is a statutory authority of the Institute. The Statute may for this authority
choose another name if it wakes up about his impression of the nature.
(2) a Director cannot be a member of the Management Board and the Supervisory Board have been established
Council or other authority of a similar nature, or a member of such a body.
If the Director was convicted for intentionally chosen a criminal offence,
no choice.
The Administrative Council
section 409
(1) unless the articles of Association of the legal acts another way, shall appoint and
referring members of the Management Board of the founder. If this is not possible, shall elect and
recalled by the members of the Board, the Supervisory Board, if it has been established; otherwise,
the Administrative Council elects and revokes its members alone.
(2) unless the articles of Association of the legal conduct of another term of Office of a member of the
the Management Board shall be three years. If it will not exclude the establishment of legal acts,
You can Board Member vote repeatedly; If, however, the Administrative Council shall elect a
and refers to its members alone, can be the same person repeatedly choose to
two consecutive term.
(3) if it has been set up by the Supervisory Board, the Administrative Board and membership in
the Supervisory Board of the incompatible.
section 410
The Administrative Council elects and recalls the Director, oversees the performance of the scope of the
and decides on legal negotiations against the Director of the Institute; If not specified
otherwise, manifested as the Institute in these legal negotiations will the President of the
the Administrative Council.
section 411
(1) the Administrative Council shall adopt the budget, the regular and extraordinary financial statements
and the annual report of the Institute.
(2) the Administrative Council shall decide on the commencement of operation of the business establishment or
other secondary activities of the Institute or to change its course, if
articles of Association of the legal acts does something else.
Section 412
(1) unless the articles of Association of the legal restrictions, other grants
the prior consent of the Management Board of the legal acts establishing the Institute
and shall become or ceases to be) of ownership of immovable things,
(b)) own culture thing consumes,
(c)) shall take or shall cease to be entitled to copyright or industrial or
(d)) determined by the different legal person or such person participates in
deposit.
(2) unless the articles of Association of the legal negotiations, something else, the administrative
the prior consent of the Council, and to the legal negotiations, which the Institute shall take or
shall cease to be ownership of movable property, whose value is higher than the
contract value of small scale according to the law governing public
of the contract.
§ 413
The Statute of the Institute
(1) Determine if the founding legal act or, if appropriate, issue a
the Administrative Council of the Statute of the Institute, and it adjusts the internal organisation of the Institute and
the details of his activities.
(2) the Institute shall publish status by saving to a collection of documents. Each may, in
the public register in the Statute to inspect and take from it's listings
copies or copies. The same law can be applied also in the headquarters of the Institute.
section 414
Unless the articles of incorporation, the members of the organs of the Institute belongs to for performance
the function and method of determining remuneration, the Director belongs to reward
the usual, and it is considered that the functions of the members of the other institutions are honest. In
this case will determine the amount of the remuneration of the Director or the method of determining
the Administrative Council.
§ 415
(1) the Institute shall charge separately for the costs and revenues associated with the main
the subject of the activity, with the operation of the business establishment or other side
activities and administration of the Institute.
(2) the accounts of the Institute, the auditor verifies if it stores
the founding legal act or statute, or if the amount of the net
the turnover of the Institute exceeds ten million Czk. In these cases, the auditor
validates and the annual report of the Institute.
Section 416
Annual report of the
(1) the annual report of the Institute includes in addition to the requirements laid down by the other
the law governing accounting for more important information about
activities and management of the Institute, including the amount of the performance provided by the members of the
the authorities of the Institute, and of any changes of the incorporation of the legal negotiations
or changes to the membership in the organs of the Institute.
(2) unless the articles of Association of the legal acts and other way of publication
the Institute shall publish an annual report no later than six months after the end of
the accounting period by saving to a collection of documents. Each may, in the public
Register to the Statute to inspect and take copies of or extracts of it,
a copy of the.
§ 417
If the Institute does not in the long term its purpose, it cancels the Court on a proposal from the
the person demonstrating a legitimate interest.
section 418
In others the legal relations of the Institute shall apply mutatis mutandis to the provisions of
the Foundation; However, the provisions shall not apply to the Endowment principal and Endowment
capital.
Part 4
The consumer
Section 419
The consumer is every person who, outside the framework of their business
activities or outside the autonomous exercise of their profession, concludes
the contract with the contractor or otherwise.
Part 5
Entrepreneur
Section 420
(1) whoever carries out separately on its own account and the liability of professional
the activities of the trade, or in a similar manner with the intent to do so
systematically for profit, is considered with respect to this
activities for entrepreneurs.
(2) for the purposes of consumer protection and for the purposes of section 1963 for entrepreneurs
also considered to be any person who concludes a contract related to its own
business, production or similar activities or when a separate performance
their profession, where applicable, the person who acts on behalf of or for the account of
entrepreneurs.
section 421
(1) A person shall be regarded as entrepreneurs registered in the commercial register. For
what conditions persons entered in the commercial register, provides another
the law.
(2) it shall be deemed that the entrepreneur is a person who has a business
commercial or other permission under another law.
Section 422
The entrepreneur, who does not have a business name, legally it is in its business
under his own name; If it connects to the additions to characterize the closer
his person, business or race, shall not be misleading.
Business company
§ 423
(1) the business name is the name under which the entrepreneur written into the
the commercial register. The entrepreneur must have more business firms.
(2) the protection of the rights to the commercial company belongs to the one who used it after law
for the first time. Who was without prejudice to its right to trade in the company, has the same rights
as for the protection against unfair competition.
section 424
The trade name must not be confused with another business, or
Act deceptively.
section 425
(1) a person shall be entered in the commercial register under the trade name
consisting of a rule on his behalf. Changes to its name, may use in the
the commercial company to continue its previous name; the name change, however, publicly available.
(2) if the person Entered into the commercial register under a different business
the company than under his name, it must be clear that this is not a business name
legal persons.
section 426
If more business races several businessmen associated to the
the business grouping, may their name or business
contain the same elements; but the public must be able to differentiate them.
section 427
(1) Whoever enters into a commercial company, has the right to use it, if it has
consent of its predecessor or his successor in title; It requires, however,
in order to trade the company joined the figure expressing the legal succession.
(2) the conversion of a legal person navigates on the legal business name
the successor, if agrees; the other person's consent is not required. If it is to
legal person more successors in title, and, unless, on which of the
one trade name, business name does not go to any of the
them.
§ 428
Revoke consent to use his name in a commercial company legal person
the one who has the right to do so has a compelling reason that it cannot be
fair to demand that his name was used in a commercial company;
This can be particularly change the prevailing nature of the business
a legal person or change the ownership structure of business corporations. For
These conditions has the right to revoke the consent and legal successor of a person
consent granted.
section 429
The seat of the entrepreneur
(1) the Head Office of the entrepreneur shall be determined by the address registered in the public register.
If not a natural person as an entrepreneur in a public register,
It is the seat of the place where the main commercial race, or where the
residence.
(2) If a businessman as its headquarters a place other than his residence
true, you may each reach his actual residence. Against this,
who dovolá the headquarters of businesses registered in the public register, cannot
the entrepreneur that has its head office in another place.
The representation of entrepreneurs
Section 430
(1) Designate someone to entrepreneur during the operation of a commercial plant
activities, this person shall represent entrepreneurs in all negotiations, to which the
During this activity typically occurs.
(2) the entrepreneur committed to the conduct of another person in his establishment, if
It was the third person in good faith, that the acting person is to conduct
entitled to.
section 431
If the representative of the entrepreneur, the entrepreneur's legal zástupčí permission
acts committed; This does not apply, if the third person knew about overrun or
If you had to know about it because of the circumstances of the case.
section 432
The prohibition of competition
(1) a person who acts as the Undertaker's representative during operation
commercial plant, may not, without the consent of the entrepreneur to do on their own or
foreign account anything that falls within the scope of the business of the establishment. If so,
the entrepreneur may claim that its representative such meetings
delayed.
(2) If a representative has acted on its own account, the entrepreneur to seek to
zástupcovo was declared to be made on his behalf. Acted-if
a representative of a foreign account, the entrepreneur to pursue, so that he was
transferred the right to remuneration or reward was issued to him no longer
granted. These rights cease to exist, if not exercised within three months
the date, when the entrepreneur about the negotiations, but not later than the year he learned from
the day on which the conduct occurred.
(3) instead of the rights referred to in paragraph 2 may require the reimbursement of entrepreneur
the damage; This, however, only if he could know that its representative
the activities of entrepreneurs is damaging. If he had, and he could also know that, in the
benefit of the Undertaker's representative had acted unlawfully, that the activity
detrimental to the entrepreneur is obliged to compensate the damage also.
§ 433
(1) Who acts as an entrepreneur towards other persons in the economic
contact, not their quality or your economic expert status
used to create or to use according to the weaker parties and
achieve clear and unsubstantiated imbalance in reciprocal rights and
the obligations of the parties.
(2) it shall be deemed that the weaker party is always the person against
entrepreneurs in economic intercourse acts outside of the link with your own
business.
§ 434
If the entrepreneur public, in which the place of business, will allow the
the public to join with him at this point in the legal trade in specified
operating time; otherwise, at the time of the usual.
Section 435
(1) Each entrepreneur must be placed on business papers and in the framework of the
the information made available to the public via the remote
access your name and address. Businessman registered in the commercial register
on the commercial list also the indication of the minutes, including the section and
Inserts; businessman registered in a public register shall be marked on its
write to this register; Entrepreneur unregistered in the public register
indicate the information about its registration to another record. He was assigned to the entrepreneurs
identifying information, enter the.
(2) The list referred to in paragraph 1 may be supplemented by the additional information, if they are not
likely to cause misleading impression.
TITLE III
The REPRESENTATION of the
Part 1
General provisions
§ 436
(1) who is authorized to legally Act on behalf of another, is his representative; from
representation rights and obligations arise directly represented. If it is not
obvious, that someone is acting for another, that it is on its own behalf.
(2) If a representative in good faith or had to know about the specific circumstances,
account to the represented; This does not apply in the case of
the fact that the Representative learned before the representation. If it is not
represented in good faith, cannot reach the good faith of the representative.
§ 437
(1) cannot Represent another one whose interests are in conflict with the interests of
represented, except when the contractual representation the represented on such
conflict knew or had to know.
(2) if the representative Acted, whose interest is in conflict with the interest of the
represented, with a third party and if the person knew about the circumstances of the
or if you had to know about it, it can be represented by the call. It is considered
that there is a contradiction in the interests of the representative and the represented, when representative
It is also for this third person or if it is in its own affairs.
§ 438
The representative is personally. Additional representative may entrust to them, if it is
represented by the deal or, if required, but the necessary need corresponds to the
for the proper selection of his person.
§ 439
If he has represented for the same matter more representatives, it is considered that the
each of them may act individually.
§ 440
(1) if the representative crossed the zástupčí permission, undertakes the legal negotiations
represented, if exceeded, will approve without undue delay. This is true
even in the case when on behalf of another person who is legally not
entitled to.
(2) if it is not a legal hearing without undue delay is approved, a person is
that legally acted for another, committed itself. The person to whom it was
the branch, which was in good faith, may require that the acting
fulfill what was agreed, or to replace the damage.
Part 2
Contractual representation
Section 1
General provisions
§ 441
(1) Ujednají if the parties, one of them representing the second arrangement
extent as the agent.
(2) the principal shall specify the scope of the permissions in the zástupčího power of attorney. Does not apply if the
the representation of just a specific legal act, shall be granted power of Attorney in
the written form. Requires a special form of legal acts shall be granted
in the same form and power of attorney.
§ 442
The principal may not waive the right of appeal, but if ujednají
Parties for his appeal specific reasons, you cannot revoke authorisation from another
reason. This does not apply if the principal has the authority to revoke a particularly
a compelling reason.
§ 443
When the authority of a legal person belongs to the performance of the zástupčího permission to
the scope of its statutory authority. The performance is entitled to representation
and the person that the statutory authority.
§ 444
(1) Who own the fault occurs at the third person supposition, that the possession of someone
another legal act, it cannot invoke the lack of empowerment,
If a third person in good faith and if she could reasonably be expected to
the authorization was granted.
(2) if the principal Gave the other person know that the agent took possession of certain
legal acts may be invoked against it, that authority later died,
only if it zmocněncovým the negotiations, announced or if this
person when hearing about the demise of the zmocněncově.
section 445
Act as a representative of the person ineligible in the relevant matter itself
legal act, it cannot be invoked against the person of that fact
He could not know.
section 446
If the agent exceeds the zástupčí permission, and does not agree with the
the principal, it shall notify the person to which the agent acted legally, without
undue delay after a legal hearing. If it fails to
It is true that the exceeding of approved; This does not apply if the person with whom
the representative of the legal act, and of the circumstances without a doubt
to know that the agent clearly exceeds the zástupčí permission.
§ 447
If the principal's instructions contained in the full power and had to be known
a person against which the agent acted, shall be deemed to have been exceeded for the
violation of zástupčího permissions.
Section 448
(1) the Authority shall cease executing legal negotiations, to which it was
representation is limited; the authorization expires, even if that is the principal
withdraw or agent denounces it. If an agent or principal, or
If some of the legal person and disappear, disappear and empowerment,
unless something else has been agreed.
(2) until the appeal is known, has its agents meeting the same
effects, as if the authorization still lasted. It cannot, however, invoke the
the Party on the withdrawal of authorisation, or knew she could know.
§ 449
(1) if the principal or agent authorisation to take
Agent everything yet urgent, to the principal or his legal
a successor has not suffered injury. His legal hearing has the same effects as would
empowerment yet it took, is not contrary to what he ordered another principal
or his legal successor.
(2) the Agent shall issue without undue delay after the demise of the seizure of all his
the principal has bestowed, or for the principal. He died to
Agent is the principal obligation, anyone who has these things for
themselves.
Section 2
During the accounting department
section 450
(1) the granting of prokury empowers the entrepreneur registered in the commercial register
the Chief Clerk of the legal acts, which occur during the operation of the business
the plant, where appropriate, of the branch, even those for which otherwise requires
special power of attorney. Dispose of or encumber a culture thing, however, is the Chief Clerk
entitled to, if it is explicitly stated.
(2) when issuing the prokury must be explicitly stated that it is a prokuru.
Granted to an entrepreneur prokuru for any branch of your business
the race or for one of several of its commercial establishments,
explicitly a branch or business race.
§ 451
The Chief Clerk is authorized to transfer the prokuru to someone else or to grant
more prokuru; the opposite of an arrangement shall be disregarded.
section 452
(1) it shall be prohibited to grant prokuru legal person.
(2) If several persons are granted during the accounting department, representing each of them
businesses separately, unless prokury is specified when the something
another.
§ 453
Limitation of prokury the internal instructions does not have effect against third parties, even if the
It was published.
section 454
The Chief Clerk shall exercise the prokuru with the thrift.
section 455
The Chief Clerk is signed to the company the entrepreneur joins your
signature and indication prokuru; If during the accounting department was awarded for
a single branch or one of the more commercial establishments, also
the figure indicating the branch or business race.
section 456
During the accounting department shall cease and the transfer or pachtem of a business or a branch,
for which it was granted. The death of the businessman during the Accounting Department does not perish, unless it was
agreed something else.
Part 3
Legal representation and custody
Section 1
General provisions
Section 457
Legal representation and protection of the interests of the represented monitors the custody and
fulfilling his rights.
§ 458
Legal representative or guardian is not entitled to under-represented legally
to act in matters relating to the formation and dissolution of marriage, the exercise of
parental responsibilities and rights, as well as the acquisition, in case of death or
the statement about the dispossessed and their appeal.
§ 459
The legal representative shall not withdraw the case represented a special popularity,
unless justified by the threat to his life or health, and in the case of
a minor who is not fully svéprávný, another compelling reason. The thing
Special popularity must be represented in left and its location in the
medical equipment, devices, equipment, social services
operating child protection or similar device.
section 460
If there is a conflict of interest, the legal representative or guardian with interest
represented or to meeting the interests of those who are represented in the same
legal representative or guardian, or if there is such a conflict,
the court appoints a guardian represented the conflict.
section 461
(1) if the legal representative or guardian of equity, whereby
He belongs to the normal management of such assets. This is not a normal
the matter is required for the loading of the property represented by the approval
of the Court.
(2) a gift, legacy or a reference intended for women with the condition that the
It will be managed by a third party, are from the Administration referred to in paragraph 1
excluded. Legal representative or guardian may, however, the adoption of such
the gift, legacy or reject link; rejection requires the approval of the
of the Court.
section 462
Legal representative or guardian cannot require from the represented a reward
for representation. If, however, the obligation to manage the assets, the management of the
admit the reward. On the Court, taking into account the cost
the Administration, to the value of assets and the proceeds from it, as well as to the
time and labour management.
§ 463
(1) a guardian appointed by the Court; at the same time, the extent of opatrovníkových rights
and obligations. A person who has been appointed as the guardian, the duration of the
custody becomes opatrovancem.
(2) if requested by the guardian, the Court shall withdraw it; Court guardian revokes
even if they do not fulfil their obligations. At the same time opatrovanci called
the new guardian.
section 464
(1) unless it is about the management of the property, you can designate only one person
guardian. If the appointed special guardian to manage the assets of the
represented or for the management of its assets and at the same time guardian
the person belongs to the second of them the exclusive representation of the represented before the
the Court, even when the matter concerns the managed assets.
(2) if the Court shall appoint more guardian and unless, in which
matters is each of them eligible to legally Act for opatrovance
separately, the guardians must act together.
Section 2
Custody of a man
§ 465
(1) the Court shall appoint a guardian to a person if it is needed to protect its
interests, or if required by the public interest. The Court shall appoint a guardian
in particular, whom mom has limited, who is not known, where
resides, an unknown man participating in a particular legal act or
, whose medical condition is causing him problems when managing assets or
defending rights.
(2) if warranted by the circumstances, the Court may order the opatrovníku to in
extent appropriate insurance for the case that, in the performance of their functions
causes damage to another person or opatrovanci.
§ 466
(1) the obligations of the guardian belongs to maintain with an appropriate opatrovancem
in the manner and to the extent necessary, to manifest on the regular connections
opatrovance real interest, as well as care for his health and care
filling opatrovancových rights and protect its interests.
(2) if the guardian of opatrovancových matters, will explain the
opatrovanci clearly the nature and consequences of the decision.
§ 467
(1) in carrying out its duties, the guardian meets the opatrovancova
legal statement and shall ensure that his views, even though it is shown opatrovanec
previously, including beliefs or creeds, consistently to them and shall take into account
arranges opatrovancovy Affairs in accordance with them. If this is not possible,
proceed according to the interests of the opatrovance the guardian.
(2) a guardian shall ensure, that the way to opatrovancova life was not inconsistent with the
his abilities and that, if this cannot be reasonably disagree, and
Special opatrovancovým ideas and wishes.
section 468
The death of the guardian or his custody shall not cease until the appeal and
the Court does not appoint a new guardian opatrovanci, passes to the public
guardian by another law.
section 469
(1) a person to whom the Act the State of health in the management of its assets, or in the
defending his rights, the difficulties, the court appoints a guardian for his proposal and in the
compliance with such a proposal will determine the scope of the opatrovníkovi. On a proposal from the
opatrovance court guardian also revokes.
(2) the Guardian is usually together with opatrovancem; If this is
the guardian separately, in accordance with the will of the opatrovance. If you cannot
will opatrovance see, decide on a proposal from the Court of guardianship.
section 470
-If someone's Manager, his fortune himself, cannot be created
guardian to manage the assets. This does not apply if there is no equity manager I know,
If he refuses to act in the interests of the represented or neglected-this
obligation, or if he can't manage the equity.
§ 471
(1) if the Court Decides on the appointment of a guardian, a person may do so
After his views, unless it's an insurmountable obstacle; must also
listen to his comments or otherwise to determine his opinion and
be based on him.
(2) the Court shall appoint a guardian of the person, which was designed by opatrovanec. If it is not
possible, the court appoints a guardian, usually a relative or another
opatrovanci close to the person who can demonstrate a long-term and opatrovance
serious interest in and ability to manifest it in the future. If it is not possible or
This, the court appoints a guardian to another person, who meets the conditions for
it to become the guardian, or the public guardian pursuant to another
the law.
(3) the public guardian has the capacity to be the village where the opatrovanec
place of residence, or any legal person established by the municipality for the performance of tasks
of this kind; the appointment of the public guardian pursuant to another act is not
subject to its approval.
Opatrovnická Council
section 472
(1) if the guardian Is appointed, the opatrovanec or any person
opatrovanci close to request the establishment of Guardianship Council; the guardian shall convene
meeting of the persons close to the opatrovanci and his friends, if they are known to him, so,
to make the meetings held within thirty days after receipt of the request. If there is no meeting
a timely convened or if there is any other reason, or if it is not on it
selected opatrovnická the Council shall convene a meeting, the Court, even without the proposal.
(2) the meeting may participate in each person opatrovanec, opatrovanci
nearby, and any of his friends, even though he was not invited; each of them has a
one voice. If you take part in the meeting at least five persons can be
opatrovnická Council of the chosen.
Section 473
(1) the persons present at the meeting shall elect the members of the Council of guardianship, or even
their alternates, a majority of the votes. When you choose must be taken, if it is
possible, of the uniform representation of the persons referred to in section 472.
(2) a member of the Guardianship Board may be the only person on the opatrovance
demonstrating a long-term and serious interest in and ability to manifest it into
the future and whose interests the interests of opatrovance. Guardian cannot
be a member of the Guardianship Board.
§ 474
Opatrovnická the Council has at least three members. Is able to make
the presence of a majority of the members; If, however, the three members of the Council opatrovnická,
requires the presence of all. Decision opatrovnická, the Council accepts the
a majority of the members present.
section 475
On the choice of the members of the Council and their alternates shall be foster registration
the writer, designated by the participants. Of registration must be clear when the
the meeting took place, who attended with her, who was elected Rapporteur,
a member of the Guardianship Board and an alternate and how many voices, whether against
during the negotiations, someone protested, and for what reason. Protests lodged in
the written form shall be attached to the minutes. Write about the election of the members of the
the Council delivers the opatrovníkovi writer of guardianship and the Court that
a guardian appointed.
§ 476
(1) the Court may, on the proposal of the guardian or any person entitled to
participation at the meeting, or without the proposal to declare the election invalid, if the
It was such a violation of the law, as a result, there is a risk
opatrovancova injury. In this case the Court without undue delay
will order a new election.
(2) if there are serious grounds for it, the Court may, after the initiation of the proceeding
suspend the exercise of rights of a member of the Council of guardianship until the decision on the
the invalidity of elections.
§ 477
(1) The Council of guardianship is elected for an indefinite period. Of their functions
may withdraw; the resignation is effective by delivering written notice to the
opatrovníku and the Court. The resignation shall notify the other members of the Council of guardianship.
(2) the Court may dismiss a member of the Council on a proposal from the tutelary
guardian or any of the persons entitled to attend the meeting, or
on its own initiative, if the Guardianship Council seriously or
repeatedly violate their obligations, to lose interest or opatrovance
When his interests repeatedly in conflict with the interests opatrovance.
The provisions of § 476 paragraph. 2 shall apply mutatis mutandis.
(3) when the demise of a member of the Council or the Chairman of a foster guardian
the Council will organise the election of the new custody of a member of the Council of guardianship or
the surrogate. If the option does not take place without undue delay, the
Court under section 472, paragraph. 1 similarly.
§ 478
(1) Opatrovnická the Council shall meet at least once a year; It will convene a meeting to
its Chairman, or guardian, or any member of the Council of guardianship,
on a proposal from the Court, where appropriate, the persons who can demonstrate a serious interest in opatrovance,
or even without a draft.
(2) the Council shall invite the meeting of the Opatrovnická on the opatrovance and the guardian.
(3) the minutes of the meeting of the Council of guardianship must be clear when the
held, who participated, how decisions were taken, who raised the
the protest and who write. If it is not stated in the minutes, who voted for
proposal and who opposed the proposal, it is considered that all present members
the Council voted for the adoption of a foster design. Write the President shall transmit to the
the Council of opatrovníkovi and the Court of guardianship that guardian appointed.
§ 479
(1) Opatrovnická, the Council at its regular session the report of the
Guardian about his activities in matters of opatrovance, expresses the
an inventory of the assets of opatrovance, and to Bill his administration and billing
the potential rewards of guardian for the management of assets.
(2) upon the opatrovnická, a member of the Council shall submit its authorized to
This proposal for a resolution of the Court to change the amount of the remuneration of the guardian for the Administration
Fortune opatrovance.
(3) upon the opatrovnická Council shall give her the
the proposal to repeal the guardianship court or on appeal, and the guardian
his replacement by another person.
section 480
(1) the Council shall not, without the consent of a foster guardian to decide on the
and change of residence) opatrovance,
(b) the location of the opatrovance into the closed) the Institute or similar device in the
When it manifestly does not require health opatrovance, or
(c) interfering with the integrity of the opatrovance), except in the case of interventions without
serious consequences.
(2) the Council shall not, without the consent of a foster guardian to deal with property
opatrovance, if this is about
and) the acquisition or disposal of assets of a value exceeding the amount
corresponding to 100 times the subsistence level of an individual by another
legal act,
(b) the acquisition or disposal of assets) of more than one third of the opatrovancova
assets, unless this third value represents only a small or
(c)) the adoption or the provision of a lease, loan or security in terms of
referred to in point (a)), or (b)),
unless such a decision requires the consent of the Court.
(3) if it is in the interest of the opatrovance, the opatrovnická, the Council shall act
What other decision of the guardian of the opatrovanci shall be subject to its
the consent; such a resolution must not restrict the guardian of peace
appropriate in the circumstances.
section 481
The Guardianship Council for its decision did not vote,
guardian or opatrovanec may, within 15 days of the adoption of the decision
to propose to the Court to set aside the decision of the Guardianship Board and replaced it
by its decision. Until the Court decides, the decision has become final
the Council of guardianship legal effects.
section 482
(1) if the Council cannot be opatrovnickou set up for lack of a sufficient number of
the persons referred to in section 472, paragraph. 1 or other similar reasons, the
the Court on the proposal of some of these persons may decide that the scope of the
the Council of guardianship will perform only one of these persons and shall decide
at the same time about her appointment.
(2) if it is not chosen opatrovnická by the Council and if it is not possible, the procedure referred to in
paragraph 1, approve the measures of the parties or of the guardian opatrovance
the assets of the Council instead of the Court of guardianship.
section 483
(1) if the Court did not approve it, the guardian shall not consent to the change of
the status opatrovance.
(2) if the trustee manages the assets of the opatrovancovo, shall not, without the consent of the
the Court, if the Court has not decided on further restrictions,
and commit to the implementation of the opatrovance), one of the members of the Council of guardianship
or a person close to this member,
(b)) take for opatrovance a culture thing or a share of it, or
opatrovancovu a culture thing or a share in it, dispose of or encumber,
(c)) for business opatrovance a race to acquire, a share of the business establishment or
share of the legal person, or to dispose of assets or encumber; It
does not apply in the case of the acquisition of valuable participating or similar
securities to ensure the safe return,
(d) to close a opatrovance agreement) in order to bind him to the ongoing or
Repeat the performance for more than three years,
e) reject the heritage or other performance from the estate, or
(f) to commit to the free opatrovance) performance of another person, unless
This is a gift provided the usual opportunities according to the principles of decency in
a reasonable range and opatrovanec is capable of discernment and with the gift of
the consent.
(3) Without losing sight of the provisions of paragraph 2, the guardian may not,
If you approve of this Court, to deal with the property of the opatrovance, if it is about
and) the acquisition or disposal of assets of a value exceeding the amount
the corresponding pětisetnásobku income of the individual under another
legal act,
(b) the acquisition or disposal of assets) of more than one half of the opatrovancova
assets, unless this half represents the value of only a small and
This is not a thing that is for opatrovance Affairs Special popularity, or
(c)) the adoption or a loan, the loan or security in terms of
referred to under (a)), or (b)).
(4) the Court's prior decisions referred to in paragraphs 1 to 3 shall seek the opinion of the
the Council of guardianship. Unless the Court in its opinion, the Council opatrovnická
reasonable period of time, then the Court will decide itself.
§ 484
(1) a legal person whose main activity consists in the care of persons with
disabilities and protection of their interests, has the right to propose that the
the meeting was convened to establish a Guardianship Council.
(2) a legal person whose main activity consists in the care of persons with
disabilities and protection of their interests, which operates in the Czech
the Republic continuously for at least three years and has been with the opatrovancem in the
regular connection of at least three months, have the right to be a member of the
the Council of guardianship or participate in its sessions, the meeting for the establishment of
the Council of guardianship and propose to the Court to the decision of the Guardianship Council
set aside and replaced by a decision. However, if this does not
legal person of their rights in accordance with the interests of the opatrovance, this
the rights to the proposal from the opatrovance, a guardian or guardianship Council members
be withdrawn.
section 485
An inventory of the assets and billing management
(1) a guardian, which manages the assets of opatrovance, shall be drawn up within two
months of its appointment of an inventory of managed assets and delivers it to the Court,
opatrovanci and tutelary Council.
(2) For the duration of the guardianship, the guardian shall draw up a statement of wealth management
each year always to 30. June, unless with the members of the Council of guardianship
agree that the Bill shall submit before. If it is for an important reason,
opatrovanec or opatrovnická the Council may propose to the Court to
opatrovníkovi the obligation to draw up a Bill, order the special.
The guardian shall deliver each Bill opatrovanci, tutelary and Council
of the Court.
(3) the Guardian, whose function ends with the final statement of the administration shall
the assets of opatrovanci, to the Council and the Court of guardianship, where appropriate, further
opatrovníkovi or court Commissioners appointed in succession.
If the guardian dies, shall issue to the Court that appointed him, documents and more
documents relating to the opatrovance and its matters, anyone who has these
papers and documents.
Section 3
The custody of a legal person
section 486
(1) the Court shall appoint a guardian of the legal person, which it needs to
could be managed its affairs, or to be defended by its
rights.
(2) a Guardian of a legal person the Court may appoint only a person who
satisfies the conditions laid down for eligibility to be a member of the statutory
authority. If the guardian these conditions relate, it shall notify the Court of
without undue delay. If a court finds out that a guardian referred to
does not meet the conditions, will replace him without undue delay, the new
guardian.
section 487
(1) The rights and obligations of a guardian of the legal person shall apply mutatis mutandis
the provisions on the rights and obligations of a member of the statutory body.
The scope of the guardianship shall be governed by the provisions on the scope of the
the statutory authority.
(2) the Court opatrovníku to competently sought the proper
the statutory body of the legal person; If it is-
the Court must also define the scope of the guardian with regard to
the scope of the other bodies of a legal person, where appropriate, to the rights of
Associates.
§ 488
Determines if the articles of Association of the legal act, it has to be a legal person, such as
a person appointed as a guardian, the Court such person guardian
his name, if it is eligible and agrees with the appointment.
TITLE IV
THINGS AND THEIR DISTRIBUTION
Part 1
General provisions
section 489
Thing in legal terms (hereinafter referred to as "the thing") is all that is different from the person, and
It serves the need of the people.
§ 490
The thing is designed for general use of the public good.
§ 491
(1) the Product is what thing regularly provides from its inherent nature,
How is given its usual channels by identifying and appropriately to it, either with the
Thanks man, or without him.
(2) the Benefits are what matter regularly provides from its legal nature.
section 492
(1) the value of things, if it can be expressed in money, is its price. The price of the
things shall be determined as the price of the usual, unless something else is agreed or
provided for by law.
(2) the Extraordinary price things down if its value is replaced with the
taking into account the specific circumstances or to particular popularity induced
random characteristics of the matter.
section 493
The human body or its parts, though they have been separated from the body, are not things.
section 494
Live animal has special significance and value as the senses of the gifted alive
the creature. Live animal is not things and the provisions on the matters of the living animal
shall apply mutatis mutandis to the extent in which it is not contrary to his nature.
section 495
A summary of everything a person belongs to, make up its assets. The assets of the person consists of
a summary of its assets and its debts.
Part 2
The distribution of things
§ 496
Tangible and intangible things
(1) Tangible thing to handle is part of the outside world, which has the nature of
a separate subject.
(2) Intangible things are right, the nature of which it admits, and other things
without physical substance.
section 497
Controllable forces of nature
The controllable forces of nature, being traded, shall apply
mutatis mutandis, the provisions on the matters of material.
section 498
Immovable and movable assets
(1) Immovable things are land and underground construction with separate
channels, as well as the rights to them, and the rights for Realtek
things shall declare the law. If a different law, that a certain thing is not
part of the land, and if such a thing cannot be transferred from place to place without
violation of its substance, and this thing is immovable.
(2) all other things, whatever their nature of tangible or intangible,
they are movable.
section 499
Fungible thing
Movable object, which can be replaced with other things of the same kind, is
fungible; the other things are irreplaceable. In doubt, the
examining the case according to the customs.
§ 500
Zuživatelná thing
A movable thing, whose normal use lies in its consumption,
processing or transfer is zuživatelná; zuživatelné are the most affluent
things that belong to the store or to another file, if their normal
use lies in the fact that they are sold individually. The other things are
nezuživatelné.
section 501
Bulk case
File individual things belonging to the same person, considered as one
the subject and as such carries the common designation, for the great and
form mail thing.
§ 502
Business race
Commercial plant (hereinafter referred to as "the race") is an organized set of assets, which
the entrepreneur created and that his will is used to operate his
activity. It is considered, that the race consists of everything that usually is used to
operation.
Section 503
Branch
(1) is such a part of the race, which has economic and
functional independence and that the entrepreneur decided to branch.
(2) if the branch is registered in the commercial register, the branch
the race; This also applies to other organizational folder, if the other legal
the regulation lays down that is entered in the commercial register. The head of the
Branch is entitled to represent entrepreneurs in all
matters relating to the branch of the date on which it was
as the head of the branch is registered in the commercial register.
Section 504
Trade secrets
Trade secrets constitute a competitive major, identifiable, appreciation and
in the relevant trade circles commonly unavailable fact that
related to race and whose owner, in their interest
Accordingly their confidentiality.
Part 3
Part of things and things accessories
Part of the things
Section 505
Part of the thing is everything to her, according to its nature belongs to and what cannot be
from things separated, without the thing.
section 506
(1) part of the plot is the space above the surface and below the surface of the building
established on the land and other facilities (hereinafter referred to as "construction"), with the exception of the
temporary buildings, including what is embedded in the plot or fitted
in the walls.
(2) if the construction of the underground culture of things is part of the plot, even if
extends under a different piece of land.
section 507
Part of the land is greener on it arising.
Section 508
(1) the machine or other attached equipment (hereinafter referred to as "machine") is not part of the
real recorded in a public list, if, with the consent of the
the owner is registered to the same list of reservation that its ownership of the machine
It is not. The reservation will be erased if the owner of the immovable things or
any other person authorised to do so by the registration in the public list that is
the owner of the immovable things became the owner of the machine.
(2) if it is to be in such a machine is replaced with a machine that is part of the
real things can be a reservation to the public list to write, if
This means a person registered in the more favourable order raises the resistance. The right of resistance
However, it does not have a person whose right cannot be reduced, even writing a reservation
a person whose claim has already been met; for this purpose, can be
i met the claim still immature.
Section 509
Engineering networks, in particular the water supply, drain, or energy, or other
leadership, are not part of the plot. It is considered that part of the engineering
the networks are also constructions and technical equipment, which is connected with them operationally.
Accessories stuff
section 510
(1) the matter is a secondary thing to the owner in case, if the
the purpose of the minor things to make her permanently used along with the main things in the
the framework of their economic destination. It was a minor thing from the main things
temporarily separated, continues to be a fixture.
(2) it is considered that the legal proceedings and the rights and obligations relating to the
the main concern and its accessories.
Section 511
If there are doubts as to whether something is a fixture of the matter, the case
According to the customs.
§ 512
If the construction of part of the land, are the side of things the owner in the construction
accessories of the land, if it is their purpose to the construction
or land within their economic purpose used permanently.
section 513
Accessories receivables are interest, default interest and costs
associated with its application.
Part 4
A valuable paper
Section 1
General provisions
section 514
The paper is a valuable instrument, which is a right connected in such a way that the
After the release of the securities cannot be without this Charter apply
convert.
section 515
Has gone before-when the issuer of a security as a species with particular formalities
modified by law, the Charter must specify at least a reference to the emission
the right conditions, that is with a valuable piece of paper, and an indication of the issuer.
section 516
Fungible securities
(1) the securities of the same type issued by the same issuer in the same form, from the
which arise from the same rights, they are fungible.
(2) the issuer's Signature on the zastupitelném quote can be replaced by
its imprint, if the Charter applied protective elements
against its falsification or alteration.
§ 517
If the security required a person different from the issuer and where
his duty, will replace the issuer of the damage suffered.
§ 518
Form of securities
(1) a security may take the form of securities to bearer, on the series,
or on the name.
(2) If a security name authorized person, it shall be deemed that the
This is a valuable paper on the series. Does not contain the name of the authorized security
the person, that it is a valuable paper on the bearer.
section 519
Emissions security
(1) the date of issue of the securities is the day when the release can occur
Security first. Unless otherwise specified, shall determine the date of
emissions of the issuer.
(2) the conditions defining the rights and obligations of the issuer and the owners
securities, as well as more detailed information about the issue.
section 520
The issue of the securities
(1) a security is issued, the date on which complies with the conditions laid down for the
it by law or other legal regulation and laid down in a way
become the property of the first purchaser.
(2) the amount of cash that the issuer of a security issued by emission is
the course of the security.
§ 521
(1) if the purchaser in good faith, that it shall take duly issued by the paper,
is issued, even though they have not complied with the formalities of the procedure for the issue of
security or that the paper does not become the property of the first
the acquirer laid down the way.
(2) the one whose rights were affected by non-compliance with
the formalities of the procedure for the issue of a security or a security
become the property of the first transferee laid down the way, has the right to
compensation against the issuer even against the person, which in this matter
acted on behalf of the issuer or on his behalf, under the conditions laid down
This law.
§ 522
Copies
(1) If a security issued in multiple counterparts, copies must be in
the text of the Charter, otherwise each numbered copy of the considered
a separate paper.
(2) if it was bottled on a single copy of the lapse of the right of all
the other copies.
section 523
Coupon
(1) If a security right in the proceeds can be used for the application of the
This rights issue a coupon as a valuable paper to the bearer; coupons are
issued in coupon sheet. If it is part of the coupon sheet talón,
shows right on the issue of new coupon sheet; talón, however, is not
a valuable paper.
(2) the coupon must contain at least the information on the
and the type and issuer) of the securities to which it was issued; If the
coupon issued to securities, and its numerical designation,
(b) the rate of yield or method) of determining and
(c)) date and place of the application of the law on the yield.
section 524
Public Charter
(1) Fungible securities to replace public Charter. For
the issue and the release of the bulk of the Charter shall apply the same conditions as for the issue of
the individual securities. Bulk deed contains at least those
requirements that the law provides for an individual paper, including its
the numbers.
(2) the owner of the bulk of the Charter has the right to its exchange for individual
securities; If the issuer shall determine the conditions for the Exchange, then when the
These terms and conditions.
(3) the rights of the mass of the Charter cannot be divided into shares of conversion. It
does not apply if an immobilization of securities in its bulk
the custody; in this case, must correspond to each such share valuable
the securities, which are being replaced by public deed.
Section 2
Book-entry securities
section 525
Zaknihovaný paper
(1) if the paper replaced by writing to the relevant evidence and cannot be
convert it otherwise than by changing the entry in the register, this is the
zaknihovaný paper. Book-entry securities are fungible,
If they were issued by the same issuer, and if one of them arise from the same rights.
(2) the provisions of the Securities Act shall also apply to the book-entry securities
the papers, unless it rules out their nature, this law or another legal
prescription.
§ 526
Registration of dematerialised securities
The registration of book-entry securities is leading to securities accounts;
they are an account owner or account of customers.
section 527
Account owner
(1) On account of the owner are registered, dematerialised securities for
which account was set up.
(2) it shall be deemed that the owner of zaknihovaného per person
on the account of the owner of zaknihovaný is a valuable paper recorded.
section 528
Account customers
(1) on the customer's account are registered book-entry securities people,
that zaknihovaný valuable paper to entrust, for which the account was
customers set up.
(2) the one for whom the account was set up, the customer is not the owner
book-entry securities registered on this account.
Section 3
The conversion of the securities on the zaknihovaný paper and conversion
zaknihovaného security paper on paper
Subsection 1
Conversion of securities on zaknihovaný paper
section 529
(1) If an issuer has decided to transform the securities on the valuable zaknihovaný
the paper, without undue delay, publish their decisions, including the period, in
that the owner of the securities the issuer submits the paper, and
the Commission shall publish the decision in the same time period in a manner enabling remote access.
(2) it shall be prohibited to determine the time limit for the submission of the securities issuer
less than two months and no longer than six months from the date of publication of the
decision.
(3) the issuer of which different legal provision stores keep a register of owners
securities, shall be sent to the person listed in this register, and the address there
referred to the notice of the conversion of the securities on the valuable zaknihovaný
the paper.
§ 530
(1) the owner of the security shall notify the issuer in its submission number
account in the appropriate register, which is to be a valuable paper is registered;
If he does not communicate this information, the issuer shall designate an additional period,
which shall not be shorter than two months.
(2) if the owner gave the issuer of a security and the absence of a number
account in the appropriate register, which is to be registered, or security
in the additional period, the issuer of the right of ownership to this valuable
the paper on the day when his owner pays a fair price.
§ 531
If the owner of the securities in arrears with the handover of the security,
the issuer shall designate an additional period to its submission in the manner prescribed in section
529 paragraph. 1 and when its publication informs them that valuable paper
will not be handed over or in the additional period, the issuer shall declare invalid.
section 532
(1) at the request of the issuer registers the dematerialised securities central depository
papers to the central register as of release zaknihovaného
Security and registers the securities on securities accounts as referred to in
request. The issuer shall submit an application after the expiry of the deadline provided for in § 529 paragraph.
1 or before expiry, if he were handed all the valuable
the papers, however, at the latest after the expiry of the additional period.
(2) since the submission of the application for registration of the issuer of the security zaknihovaného
paper to the central register in the registration of the entire emissions cannot be with these
securities traded on a regulated European market.
§ 533
(1) a paper that has not been committed, keeps track of the central depository to
special technical account; the owner of the technical account is the issuer.
Zaevidováním on this account are converted into these securities
book-entry securities.
(2) the right to the proceeds of the securities referred to in paragraph 1 during the period from
the end of the period under section 529 paragraph. 1 before having the owner
the securities the issuer submits the paper.
section 534
(1) if the security was not handed in or in the additional period shall declare it
the issuer for an invalid.
(2) after the Declaration of a security, the issuer sells an invalid zaknihovaný
paper, which it replaces, with professional care. If the issuer
sell zaknihovaný paper in the public auction shall publish a place, time
and the subject of the auction for at least two weeks prior to its holding.
(3) the issuer shall pay the proceeds from the sale of securities zaknihovaného
the person, whose paper was declared invalid, after netting
claims arising to the issuer of the security declaration invalid
and selling zaknihovaného valuable paper, which it replaces.
§ 535
The provisions of section 529, 531 up to 533 shall apply mutatis mutandis to the securities
that is converted to dematerialised securities for which they are to be kept in
a separate registration.
Subsection 2
The conversion of the zaknihovaného security on paper
§ 536
If the issuer has decided to transform the zaknihovaného security to valuable
the paper, without undue delay and shall publish its decision in the decision
the same time limit shall publish, in a manner enabling remote access.
§ 537
(1) the Central Depository shall transmit to the issuer within thirty days from the date when the
receive notification on the conversion of emitentovo zaknihovaného of the securities on the
security, a statement from the Central and continuing registration that contains the information about the
the issue of zaknihovaného securities, dematerialised securities owners
securities, whether it was dealing with a valuable book-entry paper suspended and
zaknihovaný has been a valuable paper stopped including the lien
the lender.
(2) the central depository or the owner of the account, the customer shall not copy
statement to execute in its registration no registration on zaknihovaného
Security přeměňovaného on paper.
§ 538
(1) the Central Depository shall cancel the registration of the securities to the zaknihovaného
the date designated by the issuer, however, as soon as possible to the date of issue of an extract pursuant to section
537 paragraph. 1 and not later than one month from the date on which the listing was
drawn up.
(2) cancellation of the registration of the securities zaknihovaného shall notify the Central
the depositary to the organizer of the European regulated market on which they are
These dematerialised securities admitted to trading, participants
central depository, who shall notify the owners
book-entry securities and account holder customers.
(3) the owner of the account, the customer cancels the registration of book-entry securities
on the same day as the central depository.
section 539
(1) the owner of the zaknihovaného of the security that has been converted into a valuable
the paper, the date of cancellation of the registration of the security right zaknihovaného
on submission of the securities by the issuer.
(2) a security is issued as soon as possible to the date of cancellation of the registration.
section 540
(1) If on the date of cancellation of the registration of the security zaknihovaného
suspended waste valuable paper, to which he gave the command authority
the public authority, the issuer of the security to that authority.
(2) If on the date of cancellation of the registration of the security zaknihovaného
suspended waste paper is a valuable book-entry, to which she gave
Click the person entitled to it under the law governing business
the capital market, the owner of this valuable zaknihovaného
the paper the right to surrender a security until after the expiry of the period for which the
was the treatment of a valuable book-entry paper suspended. This does not apply,
If the person who gave the order to be suspended
management, agrees with the handover of the security owner.
section 541
(1) If on the date of cancellation of the registration of the security zaknihovaného
zaknihovaný paper, remain remain unaffected by the effects of stopping;
the right to surrender a security pledge creditors arises. The obligation to
you dispose of the security issuer will meet also, by consent of the lien
lender saves issued a security into custody in favour of the owner, and
return it to the depositors of the mortgage contract or its certified
a copy of the.
(2) in case of conversion of the securities zaknihovaného the paper on
series on it a statement of the issuer shall stop security.
§ 542
(1) after the cancellation of the registration of zaknihovaného the issuer without
undue delay, publish the invitation to owners of securities of the
emissions to take them over and call in the same period, the Commission shall publish in the manner
enabling remote access. The deadline for the takeover of the security determined in
the challenge by analogy with § 529 paragraph. 2 and section 531.
(2) in the case of the securities in the name of, or on the issuer shall send the invitation to the series
the takeover of the security and to the address of the registered office or residence of the owner
referred to in the relevant register.
section 543
(1) if the owner does not take the paper or in the additional period, the issuer
It sells with professional care. If the issuer decides to sell a valuable paper in
public auction shall publish, place, time and the subject of the auction for at least two weeks
prior to its holding.
(2) the issuer shall pay the proceeds of the sale of the securities owner after
set-off of claims incurred by the issuer in connection with its
the sale.
§ 544
On the book-entry securities held in a separate register section 536 to
543 shall apply mutatis mutandis.
THE HEAD OF THE
LEGAL FACT
Part 1
Legal negotiations
Section 1
General provisions
§ 545
A legal hearing raises the legal consequences that are expressed in it,
as well as the legal consequences flowing from the law, good manners, habits, and
the established practice of the parties.
§ 546
Legally you can act Act or omission; may be expressly
or otherwise nevzbuzujícím doubt about what the acting person
She wanted to show.
§ 547
A legal hearing must match the content and purpose of morality and the law.
Condition
section 548
(1) the creation, modification or extinction of the rights can be bound to compliance with the conditions. If
the demise of the rights or obligations bound to an impossible condition, shall
her.
(2) Condition is dependent on the fulfilment of that legal
the consequences of negotiations occur. The condition is an expiry depends on its
meeting, whether the legal consequences already has ceased to exist.
(3) does not imply a legal act or its nature, something else has to
considered that the condition is a swap.
section 549
(1) to meet the conditions to be taken into account if its fulfilment of the deliberately
a person who is not entitled to do so, and that is the condition for
benefit.
(2) if intentionally Thwart without authorized to do, meet the conditions
the party, which is the failure to fulfil the conditions for the benefit of, the condition
for to be satisfied.
§ 550
Proof of time
If the effectiveness of the legal acts addressed to the initial period, the
Similarly, section 548 and 549 of the swap condition. Limited the effectiveness of the legal
conduct a final time, shall apply, mutatis mutandis, to section 548 and 549 of the expiry
the condition.
The apparent legal negotiations
§ 551
A legal hearing is not, in the absence of the will acting persons.
§ 552
On the legal negotiations, has not been clearly demonstrated a serious backlash.
§ 553
(1) the legal negotiations, if you cannot for uncertainty or
determine the content or incomprehension.
(2) if the Act between the Parties subsequently clarified, no
its defect and staring, as if there were a legal hearing since the beginning.
section 554
To the apparent legal acts shall be disregarded.
Section 2
The interpretation of legal acts
section 555
(1) the legal acts shall be assessed according to its content.
(2) is to be specific legal acts, other legal acts, fuzzy
shall be assessed in accordance with its true nature.
§ 556
(1) What is expressed by the words or otherwise, lays out, according to the intention of
acting, if I know such intention to the other party, or if the had to
it know. If you cannot determine the intention of the acting, the basis of speech
will the meaning usually attached to his person in a position of
the Act is intended.
(2) in the interpretation of the speech will be taken to the practice established between
the parties in the legal trade, what preceded the legal negotiations, and to
both parties then have the content and importance of the legal
attach to the negotiations.
§ 557
He admits to a different interpretation of the expression used, lays out in doubt to
borne by the guy who first used the expression.
section 558
(1) in the legal contact with the entrepreneur with the expression připouštějícímu different
the interpretation declares the importance in this contact regularly. If it is not
However, the other party is an entrepreneur, the one who relies on it,
to prove that the other side had to be such a meaning known.
(2) in the legal trade of entrepreneurs to take account of commercial practice
maintained by generally, or in the sector concerned, unless it expels the arrangement
the parties or the law. If no other arrangements, trade usage has
precedence over the provisions of the law, which does not have donucující effects, otherwise
can an entrepreneur calling conventions, proves that the second page of a
practice had to know and with the procedure she was at peace.
Section 3
Form of legal negotiations
§ 559
Everyone has the right to choose any form of negotiations for the legal, if not
in the form of limited understanding or by law.
Section 560
The written form requires legal negotiations, establishing or converts
a right in rem to real things, as well as legal acts, which are of such a
the law amended or cancelled.
section 561
(1) the validity of the legal acts taken in written form is required
the signature of acting. The signature may be replaced by mechanical means
There, as usual. Another legal provision lays down, as can be
the legal negotiations made by electronic means, the document
electronically sign.
(2) If several persons, require their speeches on the same Charter when
the legal acts establishing or converts a right in rem to real estate
things, or that such a right be amended or cancelled.
Section 562
(1) the Written form is maintained even when the legal negotiations made
electronic or other technical means enabling
capture the content and determine the acting persons.
(2) it is considered that the data records of the negotiations in the electronic
the system is reliable, are carried out systematically and sequentially and
If they are protected against changes. If the record was taken during the operation of the plant
and dovolá it to the other party to your benefit, it is considered that the
the record is reliable.
section 563
(1) If, in the written form, legally it is he who cannot read and write, but
It is able to become familiar with the content of the legal acts or by using instruments
special equipment or through another person, they choose,
affix the instrument by signature; If it is not with this sign, the place of
the signature before at least two witnesses to the Charter or otherwise own
the sign, to which one of the witnesses shall be credited with the name of the acting.
(2) witnesses shall apply, mutatis mutandis, to section 39.
(3) If you cannot proceed in accordance with paragraph 1, to the conduct of persons,
who cannot read and write, a form of public documents. Such form shall
even if it requires, if the law, that the manifestation of the will of acting must be
on the Charter written by his own hand. If the acting is able to connect
to write about their own legal acts sign.
section 564
If required by law for a legal hearing, the content can be a form of legal
negotiations to amend the Act in the same or stricter form; If required by the
This form of arrangement of the parties only, you can change the content of the legal acts in
other form, if the arrangement of the parties does not preclude.
Section 4
Private Charter and deed
Private Charter
§ 565
On each, who relied on a private Charter, to prove its
authenticity and accuracy. If the private instrument used against a person who
the Charter clearly has signed, or to her heirs, or who
acquired assets in the transformation of a legal person as his successor, has
It is considered that the authenticity and the accuracy of the instrument has been recognized.
section 566
(1) If a private Charter is signed, who used it to
that comes from the people, about which it contends.
(2) it is considered that the documents relating to the laws and the facts to which the
occurs when the normal operation of the plant, prove to be relied on by the second
party for your benefit, what is contained in the Charter and that the Charter was
exposed at the time on it; This is true even in the case that the Charter has not been
signed.
Public Charter
§ 567
The public deed is a deed issued by a public authority within the limits of its
powers or Charter, which declares the law for a notarial act; It
does not apply, if they suffer from such defects that it looks as if the
public deed was not.
section 568
(1) If a fact confirmed in a public instrument,
to each full proof of the origin of the Charter from the institution or person, that it
set up, about the time of acquisition of the instrument, as well as about the fact that the originator of the
public documents confirmed that his presence had occurred or was
carried out, until it is proved otherwise.
(2) if the Charter Captures the public manifestation of the will of the people when the legal negotiations
and if it is signed, acting against each full proof of the
This expression of will. This is true even in the case that the signature was acting
replaced with the manner prescribed by the law.
§ 569
If the deed was taken to denied an earlier public Charter
on the legal negotiations between the same persons, it shall take effect against third parties,
If the content was published in the public list, or if the third
the person submitted.
Section 5 of the
A legal hearing against the absent person
Section 570
(1) the legal acts acting against the absent person from the moment of her
the speech will occur; stymie-if the other party, knowingly coming, properly
has occurred.
(2) the legal acts are not against the person, which is not fully svéprávná,
before the act occurs, its legal representatives or
opatrovníkovi. Monitors-however, if the legal act to provide such
the person just legal advantage, operates a legal hearing already from the moment when it is
made against that person.
§ 571
If the Act changed the influence of the resources used by the who
acted, or other circumstances nastavších during transport,
legal case under the provisions on error.
section 572
A person acting in a written form, may your speech will appeal,
If there is an appeal to the other party no later than simultaneously with the original manifestation
will.
section 573
The presumption period coming
It is considered, that received the consignment sent by using the operator
the postal service has the third working day following dispatch, however, if the
sent to the address in another State, then the 15th working day following the
dispatch.
Section 6
Invalidity of legal acts
General provisions
section 574
The legal action is to be viewed as a valid, rather than as a
invalid.
section 575
If the invalid legal acts requirements other legal acts,
that is valid, the other legal acts, if from the circumstances
Obviously, that expresses the will of the acting person.
section 576
If the reason for the invalidity of a part of the legal acts, which
can be separated from the rest of the content is invalid only this part,
If it can be assumed that the legal negotiations occurred even without the invalid
part, recognized the nullity of a party in a timely manner.
section 577
If the reason for the invalidity of a just determination of the quantitative, in illegal time,
territorial or other scope, the Court will change the range to match the
fair arrangement of the rights and obligations of the parties; the proposals of the parties while
but is not bound to consider whether a party to a legal hearing at all
She walked over, if the nullity is recognized in a timely manner.
section 578
Error in writing or in the number of legal acts are not prejudicial, if the
his undoubted importance.
section 579
(1) if someone caused the annulment of a legal act, does not have the right to argue
invalidity or apply an invalid rule of conduct for themselves an advantage.
(2) Who caused the nullity of legal negotiations, replacing the damage from that
resulting from the side, which she didn't know about the invalidity.
The main grounds for invalidity
§ 580
(1) the Invalid is a legal act that is abhorrent to morality, as well as
the legal action that is contrary to the law, if it makes sense and the purpose of the law
requires.
(2) the Invalid is a legal hearing, if it is to be bottled by something
the impossible.
§ 581
If a person is not fully svéprávná, is not a legal hearing, to which the
is not eligible. The invalid is a person acting in a legal hearing in the mental
the malfunction, which makes her incompetent to act legally.
section 582
(1) if it is not made in the form of legal negotiations agreed by the parties or
provided for by the law is invalid, unless the Parties subsequently defect.
If the Act involves more legal negotiations, does not
the lack of forms required for some of them by itself the nullity
of the other.
(2) is not complied with, the form of legal negotiations by the parties, can be ujednaná
nullity argued was not only already bottled. This is true even if the
If you require a specific legal form, the provisions of the fourth meeting
of this law.
A mistake
§ 583
If someone acted in error about the critical circumstances and was given to mislead the
the other party is the legal acts invalid.
section 584
(1) where a minor mistake, which the parties or the circumstances of neprohlásily
crucial is the legal acts valid, but the person referred to in the mistake has
against the originators of the fallacy of the right to adequate compensation.
(2) if it has been legally treated in error by trickery, is the legal negotiations
invalid, even though the mistake concerns only incidental circumstances.
section 585
Sparked by a third, to mislead the person is acting in the legal acts in force.
However, if the person had, with which it was legally, the Act of a third person, share
or at least knew or must have known, and the person shall be deemed for the
the originator of the error.
Consequences of the invalidity of the
§ 586
(1) if the annulment of the legal acts established on the protection of the interests of certain
the person may object to the invalidity of just such a person.
(2) if the beneficiary Nenamítne annulment of a legal act, shall be deemed to
the legal negotiations.
section 587
(1) a person who was forced to conduct the legal threat of physical or
mental violence-inducing because of the importance and probability
impending danger even to personal characteristics, which
threatened, his reasonable fear, has the right to argue the nullity
the legal negotiations.
(2) Who brought another threat to the legal negotiations or trickery, it replaces the
always injury resulting from it.
section 588
The Court shall take into account, even without the design to the invalidity of legal acts, which
Obviously abhorrent to morality, or which contravenes the law and clearly
disrupting public order. This is true even in the case that the legal negotiations
committed to the implementation of the impossible from the outset.
Section 7
The relative ineffectiveness of
section 589
(1) if the legal negotiations, Reduces borrower satisfaction judgment
the claim of the creditor, the creditor has the right to claim that the Court should declare that,
the legal acts of the debtor to the creditor is not legally effective. This right has
even if the creditor is entitled to a third person already enforceable, or if the
already meet.
(2) the ineffectiveness of the legal acts of the debtor is determined by the decision of the Court of
the application of the creditor, which was opposed to the legal acts of the debtor
(the object of the action).
Section 590
(1) a creditor may invoke the ineffectiveness of legal acts,
and that the debtor has made in) the past five years, intends to reduce its
the creditor, if the intention of the second part, I know,
(b)) which the debtor in the last two years of contracted their lender,
He had to be the other side of the creditor's intention to reduce the debtor's known, or
(c)) that the lender was shortened and which in the last two years there has been
between the debtor and the person close to him or that the debtor has made in
the benefit of such a person, unless the other side at a time when the legal
meeting, the debtor's intention to reduce the lender was not known and not known
He didn't have to be.
(2) a creditor may invoke the ineffectiveness of purchase or exchange contract
closed in the last year, she had to get to know the other party in the debtor's
hearing a waste of assets, which is the debtor's creditor squeezed.
section 591
The ineffectiveness of the legal acts of the debtor is not the creditor may
call if it occurred in the past two years. This does not apply,
If this is about
and the fulfilment of the obligations imposed by law),
(b)) the usual occasional gifts,
c) dedication made within a reasonable amount of publicly beneficial purpose, or
(d)), which was granted the fulfilment of moral obligation or considerations
decency.
section 592
As well as legal acts referred to in section 590 or 591 shall also
the omission, which the borrower ceased to be property right or any other person
with the emergence of, or to ensure the conservation of its property rights
it caused. This is true even if the debtor refused the inheritance, unless the
předluženo.
section 593
If the creditor's reserves, before his claim becomes enforceable,
the right to call the ineffectiveness of legal negotiations by reservation
through a notary, a bailiff or court shall notify it, against whom
ineffectiveness of legal action can call, then the creditor a time limit to
access to the ineffectiveness of legal acts is not running until the claim
above does not happen.
section 594
(1) the ineffectiveness of legal acts may be invoked against the person with the
the debtor legally acted, or who from the legal acts directly took
favour, or against his heirs, who came into a fortune when converting
legal persons as its legal successor.
(2) to another assignee can be invoked only if the ineffectiveness of the
If
a) assignee had to be known the circumstances for which the creditor
could invoke the ineffectiveness of legal acts,
(b) acquired the right to the legal successor), free of charge, or
(c)) is the legal successor in a person nearby, unless, at the time when the right after
predecessors took, might not be known circumstances, for which the creditor
could invoke the ineffectiveness of legal negotiations.
section 595
(1) the ineffectiveness of legal negotiations based věřitelovo the right to sue
satisfaction of claims from what ineffective negotiations of the debtor's
the property is a good one. If this is not possible, belongs to the creditor of the corresponding
replacement.
(2) who is obliged to carry out, the holder shall be deemed unfair; his
the heir or other General successors, however, only if he
the circumstances had to be known, for which the lender could call
ineffectiveness of legal negotiations.
(3) the recipient not implementation will satisfy the creditor of this
filling in the range in which it has been enriched. This does not apply, if
creditor reach ineffectiveness of legal negotiations, even if it happened for
payment.
§ 596
If the third person has acquired, from which the creditor could otherwise obtain
the satisfaction of such a right, that is against that person, the ineffectiveness of the call
not, the creditor, against which the ineffectiveness of legal negotiations could
before the call, and for whose possession of the right to a third party creditor was,
the obligation to compensate for damage.
§ 597
(1) who has the obligation to the creditor under section 595 or 596, can be
to relieve the debts of the debtor the creditor's satisfaction. May so
made before the creditor the ineffectiveness of the dovolá.
(2) who has the obligation to the creditor under section 595 596, or may, from
borrower's request the return of the mutual performance or fulfilment of claims
as a result, the life that the creditor claim unenforceability.
section 598
Pleads to the ineffectiveness of the same legal acts more creditors cannot
be required from persons required more than provided for in § 595 and
596.
§ 599
(1) Dovolá if a creditor ineffectiveness of legal acts relating to
the things recorded in a public list, along with the presentation of an object may
the application and the proof of its submission, request the authority responsible for the leadership of such a
the list that it said access to the ineffectiveness of legal negotiations.
(2) if the Court grants the application, the judgment has effects even against persons who after
the implementation notes acquired a thing or right to the things in this list
registered.
Part 2
Legal events
Section 600
The General provisions of the
The law provides that the rights and obligations that arise, or
lapse of the legal facts, independent of the will of the people. Such
effect may also determine the arrangements of the parties.
The meaning of time
§ 601
(1) if the right or obligation shall be incurred if on a particular day, will take the
or is the beginning of the day; shall cease if the right or obligation in the
at the end of the day, expires on that day. This does not apply, if the nature of the
the legal case.
(2) makes the demise of the rights to the emergence of another right in the mutual
further, occurs both at the same time. If there is no agreed or
made for something else, so the legal effect of the end of the day.
§ 602
If the right or obligation to do meet in a certain day or to
a specific date is required to happen at the usual time of day,
unless something else stems from habits, from the established practice of the parties,
where appropriate, of the specific circumstances of the case.
Section 603
Rights and obligations extinguished on expiry of the period which were limited.
section 604
Change in the person of the creditor or the debtor has no influence on the running of the period or periods.
Counting time
section 605
(1) the period or the period specified in days shall start on the day following the
the operative events for the beginning.
(2) the end of the period or periods specified in weeks, months or years
on the day on which the said or the same number as the day on which
I find the fact from which the time limit or time counts. If there is no such
a day in the last month, the end of the period or periods in the last day
of the month.
section 606
(1) the fortnight means fifteen days and through the months of his
the fifteenth day.
(2) where a time limit or time is specified for one or more months and part of the
for months, the last part of the month.
section 607
If the last day of the time on a Saturday, Sunday or public holiday, it is
on the last day of the period closest to the following working day.
Section 608
The period of time specified in or shorter units of time than the days,
from the moment, when it starts, to the point where they end up.
Part 3
Limitation and prescription periods
Section 1
Limitation period
Subsection 1
General provisions
Section 609
If the law was not enforced in the limitation period, barred and the debtor is not
obliged to fulfil. However, if the debtor was following the expiry of the limitation period,
cannot request a refund of what.
§ 610
(1) the limitation period has lapsed, the Court shall take into account only if the borrower that is right
is forfeited. If someone give up in advance the right of objection, apply the limitation period
be taken into account.
(2) if the parties are obliged to return what they had acquired under the invalid contract
or decommitted, shall take into account the limitation plea, just
If the limitation period could argue the other side. This also applies in the
the case that has been filled on the basis of the apparent legal negotiations.
section 611
Barred all property rights except in the cases laid down by the
by the law. Other rights shall lapse, unless the law provides.
Section 612
In the case of the right to life and dignity, name, health, esteem, honor,
the privacy or personal rights of a similar lapse only rights on the
the atonement of the injury caused to these rights.
Section 613
The right to maintenance, nepromlčuje, rights on each repeated
the performance, however, are subject to forfeiture.
§ 614
Nepromlčuje, the right of ownership or the right to pursue the common distribution
things, the right to the establishment of the necessary path, and the right to redemption of real
the burden.
section 615
(1) if the fulfilment of debt secured by right of lien, nepromlčí,
the lien before the claim. The limitation of the claim does not prevent
the pledge to the lender in satisfaction of the lien.
(2) the lien, nepromlčí, until the pledgee item of movable
pledge to each other, or until it has a third person for him.
(3) if the creditor withholding law, paragraphs 1 and 2 apply mutatis mutandis.
§ 616
When lodging a transfer is not a limitation of the claims the reason
for the conversion rights of the person who provided the security.
section 617
(1) after the expiry of the limitation period, the party may invoke your rights
in defending against the right claimed by the other party, if both rights
subject to the same contract or several contracts issued what the purpose of the
Depending on each other.
(2) after the expiry of the limitation period, the party may invoke your rights
When the set-off, if it could be done at any time prior to set-off
the expiry of the limitation period.
§ 618
If the law barred recorded in a public register or list
pledges, clears it time barred the right one who the public list or
Register of pledges, on a proposal from the person who has a legal interest in its deletion.
Commencement of the limitation period
section 619
(1) if it is a right enforceable by a public authority,
the limitation period shall run from the date when the law could be applied for the first time.
(2) the right may be exercised for the first time, if the person entitled has learned
of the circumstances relevant to the limitation period, or when the
Learn about them and could have had.
section 620
(1) the circumstances applicable to the limitation period for the right to
damages include knowledge of the damage and of the person liable to compensation.
This applies mutatis mutandis for the atonement of the injury.
(2) the circumstances applicable to the limitation period for the right to
compensation for damage caused by a defect in the product pursuant to section 2939 include knowledge of the
the damage, the defect and the identity of the manufacturer.
Section 621
The circumstances applicable to the limitation period for the right to issue
unjust enrichment include knowledge that unjust enrichment
occurred, and the person required for his release.
§ 622
In the case of injury to the health of a minor who is not fully svéprávný,
the limitation period starts to run as soon as possible, when a minor becomes a fully
sane. Acquires the full mom, nepočne the limitation period
run until he attained will not be appointed guardian.
§ 623
When lots of debt, the limitation period starts to run on each
the partial implementation of the date of its maturity. If the infringement
a partial implementation of the entire debt, the debt for the entire run of the limitation
the period from the date of maturity of the requirement of an incremental implementation.
§ 624
For the rights to release the funds deposited in the account or
representing the deposit, the limitation period starts to run from the date on which the Contracting
the obligation has lapsed.
§ 625
The rights arising from the total destruction or loss of the transported things
the limitation period starts to run from the date on which the shipment should have been the recipients of
delivered. However, if the dopravovaná thing just corrupted or if it has been
delivered late, the limitation period starts to run from the date of delivery of the
the consignment.
§ 626
For the right to indemnity limitation period starts to run for one year from the
of the insured event. This also applies in the case where the victim was a direct
the right to claim against the insurer, or in the case where
the insured against the insurer payment of what the victim
in compliance with the obligation to compensate for damage or other injury.
§ 627
It has to be according to the practice or practice between the parties, which
they have settled the claim on the basis of the present Bill
at the end of a certain period, the limitation period shall run from the date of
following the end of the period, when the Bill should be submitted.
section 628
The law, which must be applied first to the relevant person,
the limitation period shall run from the date when this law takes effect.
Subsection 2
The length of the limitation period
General provisions
Section 629
(1) the period of limitation shall be three years.
(2) the Property right shall lapse not later than the expiry of ten years from the date of
When it was, unless the law specifically provides for a different period of limitation.
§ 630
(1) the parties can make shorter or longer limitation period calculation
the date on which the right may be exercised for the first time, than what the law stipulates,
but at least the duration of one year and a maximum of fifteen years.
(2) If a shorter or longer period agreed in the disadvantage of the weaker parties,
No to the arrangement. No to the arrangement less the limitation
the time limit, if the right to performance arising out of injury to freedom, life
or health, or of the right arising from the intentional violation of obligations.
Special provisions
§ 631
A right that was entered in the public list, barred for ten years from the
the day when it could be done for the first time.
section 632
If it was in the public list of registered right which may be exercised
continuously or repeatedly, extinguished, if it is not exercised for a period of
ten years. However, if it was in the public list of registered right, which
exercised rarely, requires that the person to whom the right belongs, in
during the ten years at least three times the opportunity to perform and is never
has not exercised; does not occur in the course of ten years the opportunity to right
to execute three times, the limitation period is extended until used
None of the three opportunities.
section 633
(1) If a person is prevented from exercising equal rights, easement be extinguished with
easement, if the person does not exercise his right within three years.
(2) the right of the individual performance of the real burden of the promlčuje as
the claim.
§ 634
The right to require the Court to determine, on the basis of the Treaty of the Treaty to the future
the content of the future Treaty, shall become statute-barred for one year from the last day of the period,
When should a future contract. This is true even in the case that was
agreed that a certain relevance to the Treaty shall determine the third person or the Court.
section 635
(1) in the case of life insurance, the right to the insurance lapse
performance in ten years.
(2) the right to the insurance indemnity liability shall become statute-barred
the latest prescription rights to compensation for damages or injury to which the
the insurance applies.
section 636
(1) the right to compensation for damage or other injury shall be barred at the latest
ten years from the date of the damage or injury was established.
(2) if the damage was caused intentionally, or the injury is barred is right on her
compensation at the latest 15 years from the date of the damage or injury was established.
This also applies in the event of damage or injury, breach of obligations in the
as a result of bribery's objective in the offer, promise or giving of bribe
other than the victims or in direct or indirect demand bribe from
the injured party.
(3) For the right arising from the injury to freedom, life or health
paragraphs 1 and 2 shall not apply.
section 637
The right to compensation for damage caused by a defect in the product pursuant to section 2939 shall lapse
no later than ten years from the date on which the producer claimed defective product on the
the market.
section 638
(1) the right to the issue of unjustified enrichment shall become statute-barred no later than in
ten years from the date on which the unjust enrichment took place.
(2) if the unjust enrichment is acquired intentionally, barred the right to
his release at the latest 15 years from the date when the unjustified
the enrichment occurred.
section 639
He acknowledged his debt to the debtor, the law barred for ten years from the date on which the
to the recognition of the debt occurred. However, if the debtor determined in recognition and the period within which
meet the law, barred for ten years from the last date of the specified period.
section 640
The right granted by a decision of a public authority shall become statute-barred after ten years
the date should be according to the decision.
section 641
In recognition of the debt or the decision of the public authority in the performance of
spread over the individual component implementation, the ten-year limitation period
even for this partial performance and shall run from the date of maturity of each
partial implementation. If the failure to meet any of the incremental implementation of the entire
the debt, the limitation period starts to run from the date of maturity of the requirement
partial implementation.
§ 642
If the debt has been recognized or if the right granted by decision of the authority
public power, the ten-year limitation period for the interest and for the
repeated the performance, which led after the recognition of the debt or after return
rights.
section 643
(1) if the obligation on Switched heir, the limitation period shall end as soon as possible
on the expiry of six months from the date when the heirs of the acquisition of heritage
confirmed.
(2) If a legal person has been restored, its creditors will end limitation
First, the expiry of the period of six months from the date when the registration of the legal
a person in the public register.
section 644
If the creditors of the debtor, the debtor's debt for bonds, his nepromlčí
the right against the debtor less than six months after completion of the debt.
Subsection 3
Limitation period
section 645
Requires that the person had a legal representative or guardian,
the limitation period starts to run on the right of such a person, or on the
the law against it until the date on which the legal representative or guardian
gets. Already started the period runs on, but will not end earlier than
one year after the time limit has ceased.
section 646
Between the spouses nepočne the limitation period run run until marriage
It takes. This applies, mutatis mutandis, to the rights of persons living in a common
household, between the represented person and the legal representative, opatrovancem and
guardian, or between the poručencem and the guardian.
Section 647
In the case of the conclusion of the agreement on the out-of-court negotiations, the creditors and the debtor of the
law or about the circumstances, which the right is based, the limitation period
run after the lender or borrower expressly declines in such negotiations,
continue; If the limitation period began to run previously, after a period of negotiations
is not running.
§ 648
If the creditor in a limitation period for the right of the public authority and
continues to properly in proceedings initiated, the limitation period is not running. This is true
and on the right is already vykonatelném, was designed for them, if the execution of the decision
or proposed regulation execution.
section 649
If the creditor with a public authority mutual right and subject to
the two rights to the same contract or several contracts issued to
purpose, depending on each other, the period of limitation ceases to run on the date when the
proceedings have been initiated regarding the law, against which the mutual right of
points. In other cases, the period of limitation ceases to run from the date when the
It was a mutual right applies.
section 650
The limitation period is not running during the time when the creditor the right to prevent the threat of
apply. This is true even in the case when the creditor the right to honour, the jsa
the debtor of a debtor or by a person close to artfully misled.
§ 651
The limitation period is not running after a period of time, until it takes a higher power, which the lender in
the last six months of the limitation period prevented the right to apply.
section 652
Continues if the limitation period after the defection of some of the obstacles
referred to in section 646 to 651, will not end the limitation period before six
months from the date when it started to run again.
Subsection 4
The recovery of the claim, and run the new limitation period
Section 653
(1) if the law already barred and acknowledged its debt to the debtor, the claim is
Resets and starts to run the new limitation period from the date when the recognition of a debt
has occurred. However, if the debtor determined in recognition and the period within which, barred,
the right for ten years from the last day of the specified period.
(2) where a right, although it was already barred, granted by decision of the
public authority, paragraph 1 shall apply mutatis mutandis.
Section 2
The discretion of the
section 654
(1) unless the law enforced in the time limit, shall be extinguished only in the
the cases expressly provided for by law. To the demise of the law, the Court shall take into account,
even though the debtor's nenamítne.
(2) the provisions of this law concerning the limitation period applies, mutatis mutandis, to
preclusive time limit.
PART THE SECOND
FAMILY LAW
TITLE I OF THE
MARRIAGE
Part 1
The General provisions of the
Section 655
Marriage is a permanent volume men and women resulting in a manner that provides for the
This law. The main purpose of marriage is the Foundation of the family, good
education of children and the mutual support and assistance.
Part 2
The formation of marriage
section 656
(1) Marriage is acquired free and complete affirmative manifestation of the will of man
and women who intend to enter into the marriage (hereinafter referred to as "the betrothed"), that
together they enter into marriage.
(2) Sňatečný is a public and solemn ceremony; It is in the presence of two
witnesses.
section 657
(1) if the betrothed will together enter into marriage, personally
before the public authority performing the sňatečný ceremony in the presence of
the Registrar, it is about civil marriage.
(2) if the betrothed will together enter into marriage, personally
before the authority of the Church or religious society authorised to do so by
another legal regulation (hereinafter referred to as "the legitimate Church"), this is the
church wedding.
section 658
(1) if it is about civil marriage, another legal provision lays down, who is
public authority performing the sňatečný ceremony.
(2) if it is about the Church's marriage, the Church is authority authorized person
responsible for legitimate churches.
section 659
Marriage shall be concluded so that the person acting on behalf of a public authority,
or a person acting under the authority of the legitimate Church, he puts himself
as the question of whether the registrars want to enter into marriage;
positive response both engaged couples marriage arises. The marriage produces a
otherwise, if it is clear that brides and grooms to declare their sňatečnou will.
section 660
Brides and grooms during the sňatečném ceremony, declares that
and the last name of one of them) will be their common last name,
(b)) both retain their surname, or
(c)) the last name of one of them it will be their last name was common, and the,
whose last name does not have to be a common last name, a common
last name second place to connect your current last name.
§ 661
(1) left their previous brides and grooms's last name, declared in the
sňatečném ceremony also which of their surname will be the surname of their
common children.
(2) if the spouses Left their former surname, can later
make a declaration of a public authority, that have agreed on a common
the last name of one of them.
section 662
(1) where, in the case of an election referred to in section 660 (a). c) fiance, whose
last name does not have to be a common last name, last name, you may connect as
reflect the surname only choose the first last name.
(2) the Option pursuant to section 660 (a). (c)) is not possible, if already fiance, whose
surname last name will reflect the common, surname.
§ 663
(1) in the case of a civil marriage ceremony, takes place on the sňatečný
the site, designated by the public authority performing the sňatečný ceremony;
It shall take into account the will of the betrothed.
(2) if it is a religious marriage ceremony, takes place on the sňatečný
the location specified in the internal regulations of an authorized Church.
§ 664
(1) on the implementation of the sňatečného ceremony, brides and grooms shall request the public authority
power, whose administrative circuit has to be closed, and the marriage shall submit to the
documents certifying their identity and eligibility to the conclusion
the marriage; another legal provision lays down, what documents need to be
submit.
(2) the public authority can waive the presentation of documents laid down,
If their measures associated with hard to překonatelnou obstacle.
section 665
Brides and grooms during the sňatečném ceremony shall, before making a speech sňatečný
will, that they are not aware of the obstacles that would prevent them close
marriage, that knows your medical condition and that consider the
the arrangement of future financial circumstances, their housing and material
ensure after marriage.
section 666
(1) if it is to be closed, church wedding, brides and grooms must first submit
oddávajícímu a certificate issued by the authority in whose Hall area
marriage is to be closed. The certificate must contain a confirmation
the brides and grooms have met all the requirements laid down by the law for the conclusion of the
marriage. Since the issue of this certificate to the sňatečného of the ceremony must not
to pass more than six months.
(2) if the closed church wedding, is addicted to the three
working days from the conclusion of marriage delivered to the registry office
the area was the marriage, on the conclusion of the Protocol
marriage facts pursuant to other legislation.
section 667
(1) If a life is directly threatened by the fiancé, can perform the sňatečný ceremony
each institution pursuant to section 658, or other authority determined by other legal
Regulation, and in any place; This applies, mutatis mutandis, for the Church
the marriage. Outside the territory of the Czech Republic can also perform sňatečný ceremony
the Commander of a naval vessel flying the flag of the Czech Republic
or the Commander of the aircraft registered in the register in the Czech Republic and
If at least one of the betrothed is also a citizen of the Czech Republic
the Commander of a military unit of the Czech Republic abroad.
(2) in the cases referred to in paragraph 1 do not need to submit documents
otherwise the necessary; the presence of the Registrar is not needed.
section 668
A State citizen of the Czech Republic may conclude outside the territory of the Republic of
marriage is also before the diplomatic mission or consular post of the Czech
of the Republic.
section 669
(1) if there are important reasons for it, the regional office, in whose administrative
the circuit has to be a marriage, at the request of the couple, allow to
the manifestation of the will of one of the betrothed of entry into marriage for him has made
his agent.
(2) the power of Attorney must contain the information certifying the identity and other
the operative event for both the couple and the agent and
the Declaration of the last name. It must also be noted that the sweethearts
There are no known obstacles that would prevent them to marry, that
knows your medical condition and that consider the arrangement of the future
financial circumstances, their housing and material ensuring after the conclusion
marriage. Proxy requires the written form and the signature must be on it
officially certified.
(3) revocation of power of Attorney is effective only if it is second
fiance before making your sňatečný the Act.
section 670
(1) if the closed civil marriage, not the subsequent religious ceremonies
the legal consequences.
(2) if the closed church wedding, you cannot subsequently conclude a civil
the marriage.
§ 671
Capacity to marry
Marriage may conclude each, if he does not preclude legal hurdle
in accordance with section 672 to 676.
Legal impediments to marriage
section 672
(1) the marriage of a minor cannot conclude that it is not fully svéprávný.
(2) the Court may in exceptional cases authorise marriage
a minor who is not fully svéprávný and over sixteen years of age,
If there are important reasons for this.
section 673
Marriage cannot conclude the person whose responsibility in this area was
limited.
§ 674
Marriage cannot conclude the person who previously concluded marriage,
or a person who has previously entered into a registered partnership, or
another like a closed volume abroad, and this marriage,
registered partnership or other similar volume enclosed in abroad
It takes.
§ 675
Marriage cannot be contracted between ascendants and descendants, or between
siblings; the same applies to persons whose kinship was created
adoption.
Section 676
Marriage cannot be contracted between guardian and poručencem, between the
the child and the person to whose care the child has been entrusted, or the foster parent and the
entrusted to the child.
Part 3
The apparent marriage and nullity of marriage
Section 1
The putative marriage
§ 677
(1) the marriage does not arise, if at least one of the persons who wished to
to conclude a marriage, not in the expression of the will of entry into marriage or
in the sňatečném ceremony or in connection with the fulfilment of such
requirements, on which is to ensure that the marriage was
to be wholeheartedly.
(2) in the case of the Church's marriage belongs to these requirements and
the fact of marriage before the legitimate authority of the Church. If it does not
the sňatečný ceremony in the case of a direct threat to the life of a fiance, are
These facts and the certificate Registrar that brides and grooms meet
all the requirements of the law for marriage, as well as that between the
the release of this certificate and the marriage has elapsed time of not more than six
months.
section 678
The Court may determine that the marriage is not, even without the proposal.
section 679
(1) without delay after the Court determines that marriage is not, the Court will decide on the
paternity to the common child and the duties and rights of parents to
him.
(2) equity obligations and rights of men and women shall be individually
According to their nature. If it cannot be otherwise, the provisions of the bezdůvodném
enrichment. In these matters it is necessary to take into account the man or woman
acting in good faith, as well as on the rights and legal interests of common children
and third parties.
Section 2
Nullity of marriage
section 680
If the conclusion of the marriage, although this legal obstacle,
the Court shall declare a marriage proposal on anyone on it has
legal interest, unless the marriage prevented the obstacle of limited, mom.
Section 681
The marriage is considered to be valid until it is annulled.
If the marriage has been declared invalid shall be deemed to be finalised.
section 682
Marriage cannot be annulled, if you died, or if already
There was a remedy.
§ 683
Marriage cannot be annulled if the minors have been closed,
that is not fully svéprávný, or the person whose responsibility was in this
the area is limited, and conceived a child born alive.
section 684
(1) the Court shall declare the marriage void on the proposal of the husband, whose speech
will the marriage was made under duress, in the Middle
the use of violence or threatening violence or the manifestation of the will of the entry
the marriage was made only as a result of confusion about the identity of the betrothed
or about the nature of sňatečného the legal negotiations. The proposal may be submitted no later than
within one year from the day when the husband so he could given the circumstances
first take, where appropriate, when he learned about the true state of affairs.
(2) in the case provided for in paragraph 1, the Court shall declare the marriage
invalid, though the death of the spouse died before the proceedings ended on
the marriage started on the design of the other spouse, or if
the descendants of the husband who filed for marriage
invalid, one year after his death, the Court said,
a marriage.
section 685
The Court shall declare the marriage void and no design, even in the case that the
already died, if it was closed
and) by a person who has previously entered into a marriage, or that have previously
entered into a registered partnership or any similar volume
closed abroad, if such a marriage, partnership or other
a similar volume, takes
(b)) between the ancestor and descendant, between siblings or between persons whose
the kinship was created by.
Section 686
(1) on the obligations and rights of men and women whose marriage was
declared invalid, to the common child and their property
duties and rights of marriage annulment
the provisions on the obligations and rights of the divorced spouses
the common child and about their duties and rights of property at the time of
Similarly, after the divorce.
(2) if the marriage has been declared invalid pursuant to section 684 is when
make decisions about property rights and obligations should be taken into account
the guy who acted in good faith.
Part 4
Obligations and rights of the spouses
Section 1
General provisions
section 687
(1) the spouses have equal obligations and equal rights.
(2) Spouses are obliged to respect each other's, they are obliged to live together, be
true to each other's respect for their dignity, support, maintain,
the family, the community, to create a healthy family environment and together
take care of the children.
section 688
The husband has the right to give him a second husband said information on their
income, and the State of his fortune, as well as on their existing and planned
working, study and other similar activities.
section 689
The husband is obliged to in choosing their work, study and similar
the activities take into account the interest of the family, spouse and minor
the child nenabylo the full mom and lives with spouses in the
family household, and, where appropriate, other members of the family.
section 690
Meeting the needs of families
Each of the spouses shall contribute to the needs of family life and the needs of the family
households according to their personal and property relationships, skills and
options to the standard of living of all members of the family have been fundamentally
comparable. The provision of the property implementation has the same meaning as
the personal care of the family and its members.
section 691
(1) if the spouses have a family household, each of them shall bear the costs of its
the household; It is does not relieve the obligation each other's help and support
with the.
(2) live with one of the spouses of the common child spouses, against which they have
both the maintenance obligation, or minor child, that nenabylo full
mom and that is entrusted to the care of the spouses or one of them, and
second husband leave the family home without a reason special
sight worthy, and refuses to go back, the husband is obliged to contribute and
the cost of the family home. The reason for leaving the family home,
where appropriate, the reason for the rejection of the return of the Court, in accordance with the principles of honesty and
good manners.
section 692
Family decision-making
(1) on matters of the family, including the family home, the placement options
where appropriate, the home of one of the spouses and other family members,
especially children, who have full, mom, and about the way of life
the family, spouses have to agree.
(2) unless otherwise agreed by the spouses of the Affairs of the family, the Court may
on a proposal from one of them to replace your consent decision
the husband refuses his consent to such matters of family life
without a serious reason and contrary to the interests of the family, or if it is not able to
will occur. The Court, however, leads the spouses in particular to the agreement.
Procurement matters of the family
section 693
Family Affairs cater to spouses, or procures
one of them.
§ 694
(1) in the ordinary Affairs of the family law acts of one's husband
committed to, and gives both spouses jointly and severally; This does not apply,
said the husband, who was acting legally, in advance of the third person with
legal acts do not match. Also, the Court may, on the proposal for a husband for him
eliminate the consequences of the future actions of the other spouse to
to third parties. Such measures do not apply to the legal acts governing the
My husband normally caters to necessary living family and its members,
in particular the children, who have full, mom.
(2) in all other matters of family law hearing of one's husband
committed to, and gives both spouses jointly and severally liable, a second
husband to a legal hearing spouse consent; the provisions of section, paragraph 692. 2
shall apply mutatis mutandis. Ambulance-however, if the spouse with the legal acts
the other spouse does not agree to help the Court in advance, you may call
the nullity of such legal action.
(3) if the spouses do not live together in a situation referred to in section 691, paragraph. 2, legal
the negotiations one husband in matters of the family of the other spouse without his
consent does not oblige or not permitted.
§ 695
The provisions of § 693 and 694 shall not apply to the matters governed by
the provisions of the securities law of matrimony.
section 696
Reciprocal representation of the spouses
(1) the spouse has the right to represent her husband in his normal
matters.
(2) the husband of the right referred to in paragraph 1, shall communicate to the husband, in advance
that has to be represented, with which his husband has legally Act or
intends to legally Act, that representation does not match, or if the
on a proposal from the Court of her husband zástupčí the right to the other spouse.
(3) the right referred to in paragraph 1, the husband does not have, even if they do not live if the spouses
together in a situation referred to in section 691, paragraph. 2.
section 697
Maintenance between the spouses
(1) the spouses have a mutual obligation to the extent that the two
provides substantially the same material and cultural level. Maintenance
the obligation between the spouses is preceded by the maintenance obligations of the child and the parents.
(2) for a maintenance obligation between spouses lest the General provisions
about maintenance.
The usual equipment family household
section 698
(1) the usual equipment family household chattels, file form
that serve the needs of the family normally necessary and its members;
While it is not decisive whether the individual things belongs to both spouses or
only one of them.
(2) for the management of affairs, which is part of the normal equipment of the family
the home, the husband needs the consent of the other spouse; This does not apply,
If this is the case of negligible value.
(3) the Husband may invoke the invalidity of legal acts, which the second
husband with things, which is part of the normal equipment of family households
loaded without his consent.
section 699
(1) if the husband leaves the family home intending to do so permanently, and
he refuses to return, he may request that the husband has issued what belongs to
the usual equipment family household and belong exclusively to him. What belongs
the spouses jointly, spouses divided equally, unless the nature of the
excludes things; in such a case, the General provisions of this
the law on the abolition and the settlement of the co-ownership.
(2) if the husband what belongs to the usual equipment family
households, in particular also for common minor child of the spouses, which
nenabylo full, mom and to have both the maintenance
obligation, or for a minor child, that nenabylo full, mom,
It was entrusted to the joint care of spouses living in the family home and in
the family home remained, paragraph 1 shall not apply.
The family-run race
section 700
(1) A family is considered to be a race in which the spouses are working together
or at least one of the spouses and their relatives up to the third degree
or those with spouses sešvagřené up to the second degree, and that is in the
the ownership of some of these people. On those, who permanently work
for the family or for the family-run race, seen as members of the family
participating in the operation of the family race.
(2) the provisions on the rights and obligations of family members involved in the
the operation of the family of the plant shall not apply in cases where these rights are
and obligations regulated by partnership agreement, including of the incorporation
the legal acts establishing the commercial companies or cooperatives,
the contract of the company or by the Treaty and the provisions of another act
of employment or other similar agreement. If they are members of the
families participating in the operation of the plant family spouses, shall be used
before the provisions on family-run race on a priority basis the provisions of this law
about securities law.
§ 701
Family members involved in the operation of the family of the plant involved in the
profit from it even on matters of this profit acquired, as well as on the
increments the race, to the extent corresponding to the quantity and type of his work.
Give up this right, the person can only fully svéprávná personal
the Declaration; the Declaration requires the form of a public instrument.
section 702
The decision to use profits from the family of the plant or its additions,
as well as decisions concerning matters outside the usual management
including changes in the fundamental principles of occupational health service or stop
be adopted by a majority vote of the members of the families participating in the operation of the family
the race. Among them is a person who is not fully svéprávná, it
in the vote, if the legal representative of the minor, or guardian.
§ 703
Abetting in the operation of the family of the race is tied to a person of a family member and
cannot be transferred to another, unless it is one of the members of the family
referred to in section paragraph 700. 1, and agrees to all of the members of the family,
who are already on the operation of the family entitled to race.
Section 704
(1) if it is to be a family-run race divided by the Court when dividing the estate has
Member of the families concerned on him on his traffic priority.
(2) if it is to be a family-run race, zcizen has him a family member participating on the
the operation of the pre-emptive right, unless something else has been agreed. It
also applies in the case that has to be zcizen a co-ownership share on the family
the race to be stripped, or that thing that has, according to their nature and
the earlier determination of the family operation of the race permanently serve.
section 705
(1) the transfer of a factory on the operation of the plant family intervention.
(2) a family member shall cease abetting the operation of family and race in
If that ceases to carry on the work for the family or the family race
or that changes the legal reason, of which continues to work in
the family-run race.
Section 706
Died on the operation to the sympathy of the family plant, payment can be a Member
families participating in the operation of the plant has not yet spread to the payments, if
This will be agreed or if approved by the Court. If not for the layout
payment in installments of the reason, the Court does not approve the payment in installments,
where appropriate, decide on the arrangements for the invalidity of the instalments.
section 707
Family community resulting from the operation of the family of the plant without the express
the arrangement of family members are governed by the practice and the practice established in them,
If this is not contrary to section 700 to 706.
Section 2
Marital property law
section 708
(1) what the spouses belong, has material value and is not excluded from the
legal conditions, is part of the common property of the spouses (hereinafter referred to as
"common assets"). This does not apply if the lapses of the common assets for the duration of the
the marriage on the basis of the law.
(2) the joint property shall be subject to the statutory scheme, or obligations of the scheme,
or by a court decision-based mode.
The statutory scheme
section 709
(1) part of the joint property is what became one of the spouses or
What acquired both spouses together for the duration of the marriage, except that
What
and personal use) is one of the spouses,
(b)) took the gift, by inheritance or by reference only one of the spouses, unless the donor
when donating or deceased in the acquisition of death showed a different
the intention,
(c)), became one of the spouses, as compensation for non-material injury on their
natural rights
(d)), became one of the spouses, the legal act relating to his
exclusive ownership of,
e) became one of the spouses to substitute for damage, destruction or loss of
its sole asset.
(2) part of the joint property is the profit from what belongs exclusively
one of the spouses.
(3) part of the joint property of the spouse's share is also in the business
company or cooperative, if the husband during the marriage
a companion to the business of the company or a member of the team. This does not apply,
If one of the spouses has acquired a share in a way the founding under paragraph
1 its exclusive ownership.
§ 710
Part of the common property of the debts are taken for the duration of the marriage,
unless the
and assets) relate that belongs exclusively to one of the spouses, and that in the
the range, which exceeds the profit from this property, or
(b)) is the only one of the spouses took over without the consent of the other, without
It was the provision of daily or common needs of the family.
section 711
(1) on the acquisition and disposal of the various components of the joint property is true
the General provisions of this law.
(2) the amount of earnings, salary, wages, profits, and other values from working and
other gainful activities become part of the common property in the
When the husband, about their getting done has acquired the ability to
to dispose of them.
(3) the claim of the exclusive property of one spouse only, which is
they have become part of the common property, the common equity
become the due date.
section 712
If it is not in this part of the Act provides otherwise, the provisions for the common
Fortune Similarly, the provisions of this law on the company, or
the provisions on joint ownership.
Management in the statutory scheme
section 713
(1) Components of common property used, they take from them the fruits and benefits,
keep is handling them, managed them, and manage them both
spouses or one of them, according to the agreement.
(2) the obligations and rights associated with the common equity or its components
It belongs to both spouses jointly and severally.
(3) the legal negotiations concerning joint property or its
part of the spouses are obliged and entitled to jointly and severally.
section 714
(1) in matters relating to joint property and its components,
that cannot be considered as normal, legally acting spouses jointly, or
This is the one with the consent of the other spouse. If the husband refuses to give consent
without a serious reason and contrary to the interests of the spouses, family or family
household, or if it is not able to demonstrate the will of the other spouse may
propose that the consent of the husband was replaced by the Court.
(2) if it is legally the husband without the consent of the other spouse, when
consent was needed, you may invoke the invalidity of the other spouse
such negotiations.
Section 715
(1) if it is to be part of the common property used for business one of the
spouses and exceeds the value of the property, what should be used, the degree of
the property of the spouses, the appropriate conditions requires first that
the use of the consent of the other spouse. If omitted, the other spouse may
invoke the invalidity of such acts.
(2) if it is to be part of the common property used for the acquisition of the share in the
the business of the company or cooperative, or, if the result of the acquisition of the share
liability for the debts of a company or cooperative to the extent exceeding the degree of
reasonable property conditions, paragraph 1 shall apply mutatis mutandis.
Waiting mode
section 716
(1) for Betrothed and married may make the marital property regime
different from the statutory scheme. Ujednají-a convenient mode of spouses,
modifies a rule, its obligations and rights relating to existing
of common property. Ujedná-a convenient mode of retroactive effect,
be taken into account.
(2) the Treaty concerning the matrimonial property regime requires a form of public
of the Charter.
section 717
(1) the appointed scheme may consist of separate assets in the scheme, in the mode
vyhrazujícím the emergence of common equity at the date of the dissolution of marriage, as well as in the
extend mode, or narrowing of the scope of common property in the statutory
mode. The provisions on the system of separate assets shall apply mutatis mutandis in the
vyhrazujícím the emergence of joint property regime on the date of dissolution of marriage.
(2) Specific mode can be changed by agreement of the spouses or by a court decision;
such a change requires the agreement of the spouses or the decision of the Court about the components
common equity in the current mode.
section 718
(1) the contract may contain any arrangement and relate to any matter,
unless the law forbids it; may relate in particular to the extent, content, time
the emergence of a legal or other mode of joint property, the individual things
and their files. The Treaty, to change the classification of the existing and
Edit the inclusion of part of the assets of the future differently from the statutory scheme.
(2) a contract may also arrange property in case of dissolution
the marriage; If this is the case for dissolution of marriage
death, it shall be considered in this part of the contract contract inheritance, if its
Essentials.
(3) the contract cannot be excluded or modified the provisions on ordinary equipment
family household, unless one of the spouses left home permanently and
he refuses to go back.
section 719
(1) a marital property contract arrangements must not be its consequences
to exclude the ability of the husband to ensure family.
(2) the Treaty concerning the matrimonial property regime is not its content, or
to affect the rights of a third party, unless agreed to by contract;
This agreement without the consent of the third person has towards her legal
effects.
Section 720
(1) the contract on matrimonial property regime shall take effect
the marriage. If a contract already existing things written in
the public list, you can make changes to this list, write to the
the conclusion of the marriage.
(2) if the contract of the spouses of the marital property regime already
existing things recorded in a public list, shall contract in this
part of the effects against third parties by registration in the list, unless this
the law provides otherwise.
section 721
(1) a marital property contract shall be entered into the public mode
the list, if it is stipulated in it; otherwise at the request of both spouses. To
the list, writes everything changes the legal property regime of the spouses.
(2) the registration shall carry out without undue delay, the one who wrote the contract, and
If this is not possible, the person who leads the list.
In an agreed management mode
section 722
(1) for Betrothed and spouses may conclude a contract on the management of what is
part of the common property, which derogates from the provisions of section 713, and
714; the provisions of section 719 and 720 applies to this contract.
(2) the contract referred to in paragraph 1 shall include arrangements which the husband will
manage joint property or its part, and how.
Section 723
(1) the spouse who manages the common assets, legally it is in matters of
concerning joint property independently, and even in a judicial or other
proceedings, unless it is provided otherwise below.
(2) a husband that manages all of the common equity, can legally Act
only with the consent of the other spouse
and management of common) in the capital as a whole,
(b) in the treatment of owner-occupied housing), which is the family home of the spouses, if
This dwelling part of common property, or which is outside of one of the
them, or the minor child dwelling nenabylo full
mom and take care of the couple, as well as in the understanding of the Permanent
load real things, which is part of the common property.
(3) the provisions of § paragraph 714. 2 shall apply mutatis mutandis.
Decision of the Court-based mode
section 724
(1) if it Is for good reason, the Court on the proposal of the joint property of the spouse
revoke or limit the existing range.
(2) the major reason is always the fact that her husband's lender required
ensure your receivables to the extent exceeding the value of what belongs to
only the husband, the husband may be considered profligate,
as well as this, that the husband systematically or repeatedly being put to inappropriate
the risks. As a serious reason can be found also that the husband began
a business or become indefinitely liable partner of legal persons.
section 725
The mode can be changed by a decision of the Court based in the Treaty of the spouses or
by the decision of the Court.
§ 726
(1) the Court may, after the joint property is set aside, to recover; the Court so
Decides, in particular, when as the reasons the cancellation of common property. It
also apply in the event that the husband will propose that the common equity, whose range
was narrowed down, it was extended to the statutory extent.
(2) if the joint property of Conferring on the basis of the law, the Court, on a proposal from the
husband of recreates, if it is in the interests of both spouses.
§ 727
(1) by decision of a court cannot exclude or modify the provisions governing the
the usual amenities for family households.
(2) the decision of the Court about the change, cancellation or renewal of common property
its consequences may not exclude the husband's ability to safeguard the family and
not the contents or to adversely affect the rights of a third party, unless with the
the decision agreed.
section 728
The Administration in the Court-based mode
If the husband in the administration of common property in a manner that is in the
clearly contrary to the interest of the other spouse, family, or family
households, and brides and grooms or the spouses conclude a contract for the management of
What is part of the joint property, a court may, on the proposal of the other spouse
decide how the common assets managed.
Mode separate assets
section 729
In a separate scheme, the husband may dispose of capital assets without
the consent of the other spouse.
§ 730
Active-mode to separate the assets of the spouses jointly or one of the
the spouses undertake, with the assistance of the other spouse's income from
business, as it's in writing; otherwise, the revenue splits
equally.
Protection of third persons
section 731
If the debt is incurred only one spouse for the duration of the joint property, the
is the creditor in the exercise of decision to satisfy even from what it is in the common
Fortune.
section 732
If the debt is incurred only by one spouse against the other spouse, who will
the opposition has expressed to the lenders without undue delay after the
debt can be learned, common assets only up to the amount which would
represented a market share of the debtor, if the joint property was cleared and
were under section 742. This also applies in the case of obligations of the husband to fulfil
maintenance, or if it is a debt of the infringement only one of the spouses
or, in the case that the debt was just one of the spouses prior to the
the marriage.
section 733
Committed to one of the spouses at the time, from which the change or exclusion
the legal property regime, either in the Treaty or by decision of the
the Court, less than six months have elapsed, the claim may be his creditors
meet what would be part of the common property, if the
contract the spouses or to a court decision.
§ 734
If the agreement of the spouses or by a court decision, which was the statutory
securities scheme changed or excluded, without prejudice to the right of a third person,
in particular, the lender, that person may apply for the right occasion
the settlement of what was previously a part of the joint property, as well as
the agreement of the spouses or to a court decision there; While
apply to section 742.
section 735
Special provisions
Not if the spouses who intend to obtain a divorce
marriage in the manner referred to in section 757, an agreement on the arrangement of ownership
the obligations and rights in the event of divorce, in which, under the condition that the
the marriage will be elaborated, also ujednají, as they will at the time of separation
management to acquire rights and to commit to paying for separate
the provisions on the management of common assets of spouses, mutatis mutandis, unless
This law provides otherwise.
The settlement of common property
section 736
If the common assets of the cancelled or ceases to exist, or if it is narrowed down his
the existing range, yet the common obligations and disposal
rights of their settlement. Until the tapered, cancelled, or the extinct common
the assets were not, shall apply to them the provisions of the common equity
mutatis mutandis.
section 737
(1) the settlement of the assets shall be without prejudice to the right of a third party. If it was her
without prejudice to the right of settlement, a third person may claim that the Court should declare
that settlement ineffective against it.
(2) Settlement of debts has only between spouses.
section 738
(1) the agreement on the settlement of the effects to date has always, when the common equity was
narrower, canceled, or disappear, regardless of whether the agreement was
concluded before or after the bottleneck, the cancellation or dissolution of common property.
However, if the subject of the settlement of the thing that is written into the public
the list takes in part of the legal effects of the agreement concerning this matter
writing to the public list.
(2) the validity of the agreement on the settlement does not preclude, if only part of the
common property obligations and rights.
section 739
(1) the settlement agreement requires the written form, if it has been closed for
the duration of the marriage, or if it is the subject of the settlement of the case, in which the
requires the written form of the contract on the transfer of ownership.
(2) if the agreement does not require the settlement in writing and asks if
one of the spouses, delivers his second husband confirmation on how to cope.
section 740
Unless the spouses about the settlement, each of them may propose that
the Court decided. The settlement is decided by the Court according to the status, when there
the effects of the narrowing, the cancellation or dissolution of common property.
section 741
Unless within three years of narrowing, the cancellation or dissolution of common property to the
the settlement of what was previously a part of the common property, or agreement,
nor has there been a proposal on the settlement of the decision of the Court, the
spouses or ex-spouses deal so that
and tangible movable property) are in the possession of one of them, that is for the
the need for her, her family, or the family home solely as the owner
It is used,
(b)) other material things movable and immovable things are in mutual
joint ownership of both; their shares are the same,
(c)) the other matrimonial property rights, claims and debts belong together both;
their shares are the same.
§ 742
(1) unless otherwise agreed by the spouses or former spouses or
does not apply to the provisions of section 741 shall apply to the settlement of this
rules:
and the shares of both spouses to) vypořádávaném a fortune are the same,
(b)), each of the spouses will replace what has been spent from the joint property
on his sole asset,
(c)), each of the spouses has the right to request that he be replaced, what from your
exclusive assets made on common property,
(d)) shall take into account to the needs of dependants,
(e)) to be taken into account as each of the spouses took care of the family, in particular
How to take care of the children and of the family household,
(f)) taken into account as each of the spouses to the acquisition and
keeping the assets belonging to the common property.
(2) the value of what from the joint property was expended on the exclusive
the property of the husband, as well as the value of what from the exclusive property
the husband has been spent on the joint assets, when settlement
common wealth counts increased or reduced as from
the day expending assets up to the date when the joint property was narrower, canceled
or died, or reduce the value of the increased part of the asset to which the
the cargo has been made.
Some of the provisions of the housing of the spouses
section 743
(1) the spouses have homes there, where they have a family household.
(2) if the husband Asks from the serious cross-dock for reasons of family households, has
his second spouse, unless the reasons for continuance outweigh the
the reasons for this change.
(3) the spouses may agree that they will live permanently separately. The agreement
the spouses of the separate housing has the same legal effects as the abandonment of the
family home with the intent to live permanently elsewhere.
section 744
If a dwelling house or apartment, spouses, to which one of the spouses has the exclusive
right to live in a house or apartment, and if a law other than
undertaking a second marriage spouses the right to housing.
If one of the spouses, such exclusive right for the duration of the
the marriage, the other spouse the right to housing.
section 745
(1) If a dwelling house or apartment, spouses, to which one of the spouses to
the date of conclusion of the lease the right to marriage, a marriage to a
House or apartment rental in common law spouses; at a later
the conclusion of the lease contract arises both spouses joint tenancy law
the effectiveness of the Treaty. This applies, mutatis mutandis, in the case of another similar
contract law.
(2) the provisions of paragraph 1 shall not apply, if the couple's ujednají something
another.
section 746
(1) if the spouses Have a common house or apartment rental right, are
committed and authorized to jointly and severally.
(2) the spouse has the right to housing, has the status of a guarantor of your
husband.
section 747
(1) if at least one of the spouses the right to dispose of the House or apartment, in
which is the family home of the spouses or families, and this House
or apartment is the living spouse or family shall be strictly
refrain from and prevent anything that can prevent or threaten housing.
Husband in particular, not without the consent of the other spouse's house or apartment
to dispose of or to the House, its parts or to the entire apartment to establish the right, which
the performance of the housing market is incompatible with spouses or families, unless they shall ensure
the husband or the family in all respects similar housing with housing
earlier.
(2) If a spouse without the consent of the other spouse in contravention of paragraph
1 the husband relied on the invalidity of such legal action.
Section 748
(1) if the spouses have a joint tenancy right to the House or apartment, in which the
is the family home of the spouses or families, the section 747, paragraph. 1
Similarly, the first sentence. Husband shall not, without the consent of the other spouse rent
terminate, or to limit it, the law is incompatible with the performance of the housing market
spouses or family.
(2) If a spouse without the consent of the other spouse in contravention of paragraph
1 the husband relied on the invalidity of such legal action.
section 749
The consent of a spouse under section 747 and 748 requires the written form.
section 750
(1) if the parties agree, where appropriate, brides and grooms, by derogation from the provisions of the
§ 747 and 748, must not aggravate the position of their joint agreement
the minor, which nenabylo the full mom that lives with them
in the family home and to have the maintenance obligation,
where appropriate, the minor, which nenabylo the full mom and was
entrusted to the joint care of the spouses or of one of them; the agreement further
shall not adversely affect the rights of third parties, unless such agreement agreed.
(2) the agreement and the consent of the third parties referred to in paragraph 1 require the written
the form of the.
Special provisions against domestic violence
Section 751
(1) if it becomes more common living spouses in the House or apartment, in which the
is the family home of the spouses, for one of them unbearable from
because of physical or mental violence against a spouse or another person who
the family lives in the home of the spouses, the Court may, on the proposal of the husband
to limit or even exclude the specified time the right of the other spouse in
House or apartment living.
(2) as well as in paragraph 1 may be to proceed in the case, that this is a
the divorced spouses, as well as in the case when spouses or divorced
the couple lives together in the family home.
section 752
The limitations or exclusions of the right of spouse in the House or apartment to live,
the Court shall determine the maximum period of six months. The Court shall decide on the proposal again,
If they are particularly serious reasons for it.
§ 753
The right to claim protection against domestic violence also has any other
a person who lives with spouses or divorced spouses in family
the household.
Part 5
Dissolution of marriage
Section 1
General provisions
section 754
Marriage ceases to exist only for reasons stipulated by law.
Section 2
Divorce marriage
section 755
(1) a marriage may be dissolved beforehand, if the cohabitation of the spouses,
permanently and irreparably broken down and could not be expect to restore it.
(2) Nevertheless, it is the coexistence of the spouses, the marriage cannot be
a divorce, if the divorce would be in breach of
and the interest of the minor child) of spouses, which nenabylo full
mom, that is given the specific reasons for taking an interest in the child to
the duration of the marriage, the Court finds, even asking for a guardian appointed by the
Court for the proceedings to modify the conditions for the child at the time after the divorce, or
(b)) the interest of the spouse who is the breakdown of the violation of the matrimonial
duties largely absent and which would be caused by divorce
particularly serious injury with the fact that extraordinary circumstances attest in favour
the preservation of marriage, unless the spouses no longer live together for at least
of three years.
(3) if the minor child who is not fully an, Court
marriage, divorce, until the child decides to circumstances at the time after
the divorce of the spouses.
section 756
The Court, which decides on the dissolution of the marriage, finds the existence of a breakdown
marriage, and finds its causes, if not specified
otherwise.
section 757
(1) Connects to the husband to divorce the marriage proposal, which shall
the other spouse, the Court of divorce, without figuring out the causes of
breakdown of the marriage, if there is a conclusion that the identical claim of spouses,
If this is about the breakdown of the marriage and of the intention to obtain a divorce, is
true and if
and on the day) the initiation of divorce the marriage lasted at least one year
and spouses together for more than six months,
(b)) spouses who are parents of a minor child, that nenabylo full
mom, have agreed on a settlement of the child for the period after
divorce and Court approved their agreement,
(c)) the spouses have agreed to adjust their financial circumstances, your
housing, and, where appropriate, maintenance for the time after the divorce.
(2) the agreement referred to in paragraph 1 (b). (c)) require written form and
the signatures must be officially verified.
section 758
Spouses do not live together, do not constitute a marital or family community, without
regardless of whether they have, or lead a family household, with the fact that
at least one of the spouses to the marital community clearly wants to restore.
Section 3
The consequences of dissolution of marriage
section 759
A divorced spouse's last name
The husband, who adopted the surname of the other spouse may, within six months after the
notify the registry office marriage, that takes back your
previous surname. This is true even if the if the spouse who received
the surname of the other spouse that will be to the common surname
connect your current surname, or last name, the first of its
enjoy the only henceforth your former name.
Alimony a divorced spouse
section 760
(1) If a divorced spouse is not able to support himself and his
incompetence has its origins in the marriage or in connection with it, has
to him his former spouse within a reasonable range of maintenance obligation,
If you can it reasonably be required, in particular with regard to the age or
the health status of a divorced spouse at the time of the divorce or the end of care
the common child of divorced spouses.
(2) in determining the amount of maintenance or of the Court shall take into account, as
long divorced and the marriage lasted as long as it is elaborated, as well as
whether
and the divorced spouse's) doesn't have adequate employment, although in
that did not prevent a fatal obstacle,
(b) a divorced spouse's) could ensure proper nutrition management
own property,
(c)), a divorced spouse participated for the duration of the marriage to care for the family
household,
(d)), a divorced spouse did not commit against former husband or a person he
crime in the nature of the offence, or
(e)) is given a different reason by analogy.
(3) for the maintenance of divorced spouses shall apply mutatis mutandis the General
the provisions on maintenance.
section 761
(1) the scope of the maintenance obligations and the way of providing maintenance is governed by the
by agreement of the spouses or divorced spouses; ujednají-that is nourishing
replaces odbytným, eliminated the right of a divorced spouse maintenance
by providing a surrender.
(2) in the absence of agreement, the spouses of the maintenance, the required
the former husband to propose that the maintenance obligation of the other spouse
the Court decided.
section 762
(1) unless otherwise agreed by the spouses or divorced spouses, maintenance may
the husband, who was not caused by the breakdown of the marriage or divorce mostly
and disagreed that divorce was caused by serious injury, design,
the Court laid down the obligation to pay maintenance to a former spouse in such a
the range, which ensures that a divorced spouse should, in principle, the same
the standard of living. The right of a divorced spouse to maintenance can be in this
the case can be considered as reasonable in the circumstances a reasonable period only, not more than
However, for a period of three years after the divorce.
(2) Committed to the former spouse against the other spouse acts which
meets the characters of domestic violence, does not have the right to maintenance referred to in paragraph 1,
Although the conditions for the granting of rights would otherwise to maintenance.
section 763
The right of a divorced spouse to maintenance ceases if the legitimate
a divorced spouse remarries or enters into a registered
partnership.
Equity obligations and rights in the dissolution of marriage
section 764
(1) shall lapse if the marriage of the spouse's death, the estate
the obligations and rights of the former spouse in the framework of the management of the heritage by
This property regime that existed between the spouses, if applicable
follow the instructions that the deceased husband during your life on your
assets in the event of death; otherwise, apply the rules set out in section
742, with the exception of § 742, paragraph. 1 (a). (c)), unless the surviving spouse
agree with the heirs of the settlement otherwise.
(2) If a spouse declared dead, his property
obligations and rights on the date on which the decision on the Declaration for the
the dead listed as the day of his death.
§ 765
(1) shall lapse if the marriage by divorce, manage the property and obligations
the rights of divorced spouses by agreement of the spouses or divorced spouses.
(2) unless otherwise agreed between the divorced spouses of the settlement, the ex-husband
to submit a proposal for settlement by a court decision.
Living after the dissolution of marriage
section 766
(1) if the marriage Died the death of a husband, and the couple had a joint tenancy
the right to a house or apartment in which was their family home,
will remain a tenant of the apartment, the surviving husband. Spoke to the couple to the House
or apartment together other contractual law, remains a legitimate surviving
husband.
(2) if the marriage Died the death of a spouse and the right to lease a house or
the apartment, which was the family home of the spouses had only one of the
them, the provisions of the lease of the apartment.
§ 767
(1) If a marriage has been terminated in the death of her husband, who had a house or apartment, in
which was the family home of the spouses, the exclusive right of
in a house or apartment to live, and if a law other than the liability, while the
the other spouse in the House or apartment had the right to housing, the husband ceases to exist
the right to housing, if the exclusive right of the deceased husband passed on another
a person other than the surviving spouse. This does not apply, if the pozůstalém
husband fairly claim to a house or apartment.
(2) if it is reasonable to those of the surviving spouse, primarily because
takes care of the minor child, that nenabylo full, mom, about which
the couple were taking care of the minor child, or that nenabylo full
mom, whose parent is deceased husband, or child
dependent, which with the bereaved husband lives, the Court may, on a proposal from the
surviving spouse to establish in his favor right corresponding to an
the burden of housing according to the circumstances of the case, the longest, however, until
such a child becomes permanently ability to feed itself, and in return for payment
comparable with the rent in place of the usual; This right is not terminated,
It takes a child's ability to support itself only for a transitional period.
(3) if the surviving spouse Had the right to live for another reason, the
paragraphs 1 and 2 apply mutatis mutandis.
Section 768
(1) If a marriage has been terminated in divorce, and the couple had a house or apartment, in
that was their family home, the same, or common
right, and if they fail, who will be in the House or apartment on live,
the Court on the proposal of one of them, according to the circumstances of the present case the right
of the spouses, on which you can fairly claim that the House
or left the apartment, and, where appropriate, at the same time decide on compensation for
the loss of rights; in doing so, shall take into account, in particular, that of divorced
the spouses were entrusted to the care of the minor child, that nenabylo full
mom and spouses attended, as well as the opinion of the
the lessor, lender, or other person in a similar position.
(2) a divorced spouse who has a house or apartment to leave has the right there
live, until his second husband does not provide replacement housing, unless he
proceedings referred to in paragraph 1, the refund has not been granted; in this case,
the right to live in a house or apartment for a maximum of one year. If, however,
entrusted to the care of the minor child, mom and nenabylo full
that the couple were taking care for the duration of the marriage, or a dependent child,
that lives with him, the Court may, on the proposal of the husband in his
benefit of the right to housing; the provisions of section 767, paragraph. 2 shall apply mutatis mutandis.
section 769
If the marriage has been terminated in divorce, and the couple had a house or apartment, in
that was their family home, the same common
right, and spouses or divorced spouses to agree on further
living husband who has a house or apartment, only the right to live,
where appropriate, the other right, which is weaker than the right of the other spouse,
the Court will decide on the proposal for a spouse who has the right to a house or apartment
ownership or other rights in rem, or the exclusive right to lease, or
another law, the obligations of the other spouse to move out;
the provisions of section 767, paragraph. 2 shall apply mutatis mutandis.
section 770
If the marriage has been terminated in divorce, and spouses have in house or apartment right
to live with the fact that one right was derived from the second, has the right to ask
the eviction of the divorced spouses, who had just the right derived,
the one who has to house or apartment or contractual law, from which the
the second was the right of the spouses to live directly derived.
TITLE II
KINSHIP AND MARRIAGE OR RELATIONSHIP
Part 1
General provisions
Kinship
§ 771
Kinship is the relationship of persons based on blood, or resulting from entanglement
adoption.
section 772
(1) persons are relatives in direct line, if the one from the other.
(2) persons are relatives in the next line, if they have a common ancestor,
but they do not come from one another.
§ 773
The degree of kinship between two persons is determined by the number of birth,
in the direct line, which comes from one another, and in the next line both from the
their nearest common ancestor.
section 774
Marriage or relationship
The emergence of the marriage produces a marriage or relationship between one husband and
relatives of the other spouse; in what line and in what degree is someone
related with one husband, in this line, and in this instance is
sešvagřen with the second husband. If marriage ceases with the death of one of the
the spouses, the marriage or relationship does not terminate.
Part 2
The ratios between the parents and the child
Section 1
Determination of parenting
§ 775
Maternity
The child's mother is a woman who gave birth to them.
Fatherhood
section 776
(1) if the child is born in the time of the conclusion of the marriage to the end of the
třístého the day after the marriage or has been declared
invalid, or, after the husband's mother was declared missing, the
It is considered, that the father is the husband's mother.
(2) If a child is born to a woman again to give, it is considered that the father is the
the husband later, even when the child was born before the end of the day třístého
After a previous marriage or has been declared invalid.
section 777
(1) if the child is born in the period between the commencement of proceedings for divorce
and třístým on the day after the marriage, divorce and the husband or former husband
the mother declares that he is the father of the child, while the other man declares that he is
the father of the child, it shall be deemed that the father of this man, if a mother connects to
the two declarations.
(2) the Declaration of the husband of the mother of the child, where applicable, her former husband,
the man, who claims he is the father of the child, and the mother of the child is in control
before the Court opened on a proposal from one of them; the proposal can be made
no later than one year after the birth of a child.
(3) to determine the paternity of a child referred to in paragraphs 1 and 2 may not be
earlier, until such time the decision on the dissolution of the marriage.
(4) in the case of proceedings for nullity of marriage, the provisions of paragraphs 1 to 3
Similarly.
section 778
If the child is born, which is conceived by artificial insemination, unmarried woman,
It is considered, that the father of the child is the man who gave for artificial insemination
the consent.
section 779
(1) If no determination of paternity pursuant to section 776, 777 or 778, it is considered
that the father is the man whose paternity was determined by the affirmative statement
the mother and this man. This way you can determine paternity and child still
undertaking, if it is already conceived.
(2) the Declaration shall be in person before the Court or before the Hall Office.
A minor who is not fully svéprávný, makes a declaration before the Court.
§ 780
If the statement is one who is not fully svéprávný, can make only
before the Court. According to the circumstances of the case, the Court shall consider whether the person who is not
fully svéprávný, it is able to act alone, or whether he will act
his guardian.
§ 781
If the mother for mental incapacity to assess the relevance of his statement
or if the measures of the Declaration associated with hard překonatelnou
an obstacle, it is not possible to determine the paternity of an affirmative statement.
section 782
On the Declaration of paternity as a special manifestation of the will to apply the General
the provisions of the legal acts, unless otherwise stated. Invalidity is
However, it may be invoked only within the time limit for the denial of paternity.
section 783
(1) If no determination of paternity pursuant to section 776, 777 or 778, or according to the
§ 779, the mother, the baby and the man, who claims he is the father of, propose that
determine the paternity Court.
(2) it shall be deemed that the father is a man who had sex with the mother of the child in the
the time from which has not passed into the birth of a child of less than one hundred and sixty and more
than three hundred days, unless his paternity exclude serious circumstances.
(3) if the putative father alive, against opatrovníkovi,
where the court appoints.
Section 784
(1) If, during the proceedings the claimant may continue proceedings next to
the proposal justified.
(2) If, during the proceedings, the child may, within six months of his death
submit a proposal also descendant of this child has a legal interest in this
destination.
(3) If, during the proceedings the putative father, continues the proceedings against
opatrovníkovi, which shall be appointed by the Court to do so.
(4) If during the proceedings, the man who claimed to be the father, and
If you are not in control of the child or the mother, the Court stops the proceedings.
The denial of paternity
§ 785
(1) the husband may, within six months from the day when he learned of the
the facts establishing reasonable doubt, that is the father of the child,
that was his wife, denying his paternity in court
at the latest, however, within six years from the birth of the child. Paternity disputes against
the baby and mother are both alive and dead--one of them, against the
the other; If none of them alive, the husband does not have this right.
(2) if the patient's husband before expiry of the six-year period popěrné
limited, so that itself cannot deny paternity, may deny his
the guardian, which for this purpose shall be appointed by the Court, within six
months of the appointment by the Court.
section 786
(1) If a child is born-between stošedesátým on the day of the marriage, and
třístým on the day after its dissolution or annulment, paternity
deny except as provided in the provisions of section 777, only if it is impossible to
husband's mother was the father of the child.
(2) if the child is born before the stošedesátým day of the marriage,
It is sufficient for it to be considered that the father of the child is the husband of the mother,
the plaintiff if his paternity. This does not apply, if the husband's mother had sex with his mother
the child in time, which has not passed into the birth of a child of less than one hundred and sixty
and more than three hundred days, or if he knew of the marriage, that is
pregnant.
section 787
Paternity cannot be denied to the child in the period between narozenému stošedesátým
day and date of třístým from artificial insemination carried out with the consent of
the husband of the mother, or, with the agreement of another man, when the mother is not married,
regardless of what the genetic substance was used. This does not apply,
If the child's mother became pregnant otherwise.
section 788
If the husband later denied his paternity of the child's mother to give again,
begins the six-month period to the former spouse on the date of the denial of paternity
following then, when he learned of the decision.
section 789
The mother may, within six months from the birth of a child denied that the father of the child
is her husband. The provisions on denial of paternity of the husband shall apply mutatis mutandis.
section 790
(1) the man whose paternity was determined by the affirmative Declaration of parents
can paternity to deny to a child only if it is out of the question that he could be
the father of the child. It can do so within six months from the date when it was as follows
fatherhood is intended; If there is a determination of paternity before the birth of the child,
end period earlier than six months after its birth.
(2) the provisions of § 785, paragraph. 1 sentence of the second paragraph and § 785. 2 shall apply mutatis mutandis.
§ 791
The mother of the child may deny that the father of the child is the man whose paternity was
determined by the affirmative Declaration of the parents, and within the time limits set out in section
790 paragraph. 1 the second sentence.
§ 792
If the motion on the denial of paternity is filed after the expiry of the time limit, may popěrné
the Court may decide that the foregoing deadline, if required by the interest of the
the child and the public order.
§ 793
If required by the obvious interest of the child and to be filled with the provisions
guaranteeing basic human rights, the Court may, without an application to initiate the procedure
about the denial of paternity, paternity was determined by the affirmative statement
the parents, but the father of the child specified cannot be the father. Court
as a rule, at the same time to suspend the exercise of parental responsibility.
Section 2
Intercountry adoption
Subsection 1
Adoption, adoptive parent and child osvojované
§ 794
Adoption means the acceptance of foreign persons for their own.
§ 795
A prerequisite for adoption of such a relationship between the adoptive parent and or her adopted child,
What is between the parent and the child, or that there are at least the basics
such a relationship. The adoption of a minor must be in accordance with its interests.
§ 796
(1) adoption of a minor, the Court shall decide, on a proposal from the person who wants to
child learning. To the proposal on the adoption of a child from abroad or abroad
the applicant attaches the decision of the competent public authority of the
consent to the adoption.
(2) the Court shall decide on the adoption of a proposal for a zletilého on the person who wants to
zletilého acquire, which joined an adult, to be osvojen.
section 797
On the basis of the Court decision on adoption, the adoptive parent, if applicable
adoptive parents, be entered in the registry office, as the parent or parents of the child.
section 798
Of the activities related to the provision of adoption not nobody
to Obtain improper gain.
section 799
(1) an adoptive parent may become only zletilá and svéprávná person,
guarantees to their personal characteristics and way of life, as well as
the reasons and motives, which lead to the adoption, it will be for osvojované
a child of a good parent.
(2) the State of health of the adoptive parent or both adoptive parents should care
for the adopted child to a large extent.
section 800
(1) the adoptive parents may become the spouses or one of the spouses. Exceptionally
may adopt another person; in that case, the Court also decides that the
from the Registrar deleted the second parents.
(2) if the spouses Acquire, serve together as a proposal for the adoption of
Joint adoptive parents.
§ 801
One-if the person is the parent, the Court shall assess if the adoption is not in
conflict with the interests of the children of the adopter; equity interests are not for
assessment of crucial.
Section 802
You can learn the minor child, that nenabylo full, mom.
section 803
Between the adoptive parent and the child must be proportionate to the osvojovaným age
the difference, usually no less than sixteen years of age; just agree with
by guardian representing the child in the proceedings and if the adoption in
accordance with the interests of the child, it may be the age difference between the adoptive parent and
osvojovaným child exceptionally less than sixteen years of age.
§ 804
Adoption is excluded between persons related in direct line together and
between the siblings. This does not apply in the case of surrogate motherhood.
Subsection 2
Consent to adoption
section 805
Adoption cannot be decided without the consent of the child, the parents of the child
or persons who are authorized to give consent for the parents or, as the
the spouse of the adopter. This also applies in the event that consent was taken back.
The consent of the child's development
Section 806
(1) if the child is at least twelve years of osvojované, it is always necessary to its
personal consent, unless it is beyond any doubt, that would be
the procedure for requesting the personal consent of the adopted child in conflict
with the interests of the child, or that the child is not able to assess the implications of the agreement.
(2) before the osvojované the child, the Court is expressed properly instruct about the purpose,
the content and consequences of the consent to adoption.
section 807
(1) if the child has not reached the age of at least 12 years, on behalf of the consent
with the adoption of his guardian; as a general rule, the Court shall appoint a guardian authority
the socio-legal protection of children. Before the guardian consent, can be found
all of the relevant facts, which will lead him to the conclusion that the adoption
will be in accordance with the interests of the child.
(2) if it is possible, the Court will hear the child and osvojované and take on its
the observations into account with regard to the degree of his mental development.
Section 808
Osvojované child may revoke their consent to the adoption of the decision
about adoption.
Parental consent
section 809
To adoption should be the parents ' consent the adopted child.
§ 810
(1) the consent of a parent gives a personal statement to the Court. The Declaration must
meet the General requirements of the legal acts, however, if the consent of the bound
to meet the conditions or if it is limited, no account to him.
(2) before the parent expressed, the Tribunal properly instruct him about the nature and
the consequences of the Declaration of consent and of the nature of the adoption.
§ 811
(1) the consent of the parents to the adoption of his child is a must, even if not a
full mom. The parent who has not yet reached the age of sixteen years,
can not give consent to the adoption.
(2) if consent of the parent who was not full, mom, unable to
He acted his guardian; his capacity to give consent, shall examine the
the Court in accordance with the General provisions.
§ 812
Parent, whose responsibility was limited by a decision of the Court may, in the cases
adoption, including the granting of consent to the adoption, legally only act in
the extent to which its responsibility is limited.
section 813
(1) the mother of the adopted child may give consent to the adoption of first six
weeks after the child's birth. The father of the adopted child may give consent to the
adoption even before the expiry of this period, however, as soon as possible after the birth of the child.
(2) if the consent of the father or of the mother given previously, be taken into account.
§ 814
It is not decisive whether the consent to adoption given by specifying, for a particular
the person, or the adoptive parents without such a designation.
§ 815
If a consent to adoption given by specifying for a person as
the adoptive parents and, if the proposal for the adoption of a withdrawn or rejected,
the consent shall cease to have effect.
§ 816
Consent to adoption, always will expire if no adoption in
six years from the date on which the consent was given.
section 817
(1) the consent to adoption may be revoked for a period of three months from the date when the
given.
(2) the consent to adoption may be revoked, even after the expiration of three months from the date of
When it was given,
and if osvojované) was not yet passed into the care of the child of the adopter before
the adoption,
(b)) to be osvojované a child under a court decision issued at the proposal of
the parents issued by who was entrusted to the care of, because it is in accordance with the
interests of the child, in order to be with his parents.
(3) shall apply mutatis mutandis for the revocation of the consent provisions about how to
to whom and with what effects will consent to the adoption.
§ 818
(1) the consent of the parents of the adopted child to adoption is not required, if the
parent
and) was stripped of parental rights and give consent to the
adoption,
(b)) is not able to show its will or to recognize the consequences of his
negotiations or control them, or
(c)) is staying at an undisclosed location, and this place will fail in court
cooperation with other public authorities to determine, even when spending
the necessary diligence.
(2) if they are really made for both parents, requires the adoption of a
the consent of a guardian, or consent of the guardian, which for this purpose
shall be appointed by the Court; This also applies in the event that both parents have died or that the
parenting to osvojovanému the child has not been specified. Before granting or
refusal of consent must be established by all the relevant facts
concerning the adopted child and his family, which could have the effect of
the decision on adoption; in particular, will determine whether the child has osvojované
close relatives and whether you are interested in child care, and i will hear the
the one in whose care the child is just osvojované.
section 819
(1) in addition to adoption need not be the consent of the parents, who clearly does not have the
the child is interested in.
(2) the parent clearly does not have a child interested, if consistently reflected on the child
a real interest, and thus violates his/her duties permanently did not serve the parents.
section 820
(1) it is considered that the lack of parents for a child is obvious, if at least
three months since the last projeveného real interest. If you cannot, however, in
the behavior of parents found gross violations of its obligations,
that the authority for social and legal protection of children instructed in the possible
the consequences of his behavior, and that from such lessons have passed at least three
of the month. The authority for social and legal protection of children is obliged to provide parents
After this latest guidance advice and assistance under the conditions laid down
another legal provision.
(2) the Guidance referred to in paragraph 1 shall not be required, if the parent has left the place where
previously, without said, where it now resides, and unable to
not even three months to determine the place where the parent resides.
section 821
(1) the Court shall decide in a special procedure, if it is, or if there is a need to
acquiring the consent of the parents.
(2) if the Court decides that the adoption does not require the consent of both parents is
the acquisition needs the approval of the guardian, whom the Court for this purpose
his name. Before consent can be the guardian, finds all the applicable
facts concerning the adopted child and his family, which would
could have an impact on the decision on adoption; in particular, if it finds
osvojované child close relatives who are interested in them, and
hear that, in whose care the child is just osvojované.
section 822
(1) if the circumstances Arose, when the adoption is not needed the consent of the parents,
Yet the adoption cannot be positively decide, if there's anyone from
relatives of the child, which is willing and able to take care of the child and shall take, in
the meaning of the Court's proposal.
(2) the Court shall entrust the child to the care of his close relative, if it is in
accordance with the interests of the child and if it is obvious, that this person is capable of a child
take care.
Subsection 3
Care before the adoption
§ 823
(1) with the consent of the prospective adopters can pass it the osvojované
the child in the care immediately after, when both parents have given consent to the adoption.
Agree with the parents, the child can pass the future adoptive parents to the care
even earlier, as soon as the State of health of the child. The parents of the adopted
of the child are obliged to inform the authority about handing over the child's socio-legal
the protection of children.
(2) the child care at the time before the expiry of three months from the date when it was given to
consent to adoption, not the care before the adoption. After this period of time has to
the child was handed over to the care of, the only obligation and a right of the child care
and protect them; in matters of the child, which is associated with this care may
to act, only if it is absolutely necessary.
section 824
(1) the transfer of the child to the care of the Court in accordance with § 823.
(2) where the Court considered that, given the circumstances, when the adoption is not to be
the consent of the parents, can use the § 823, paragraph. 1 similarly.
section 825
After the expiration of three months from the date when it was given a consent to adoption, the
suspending the exercise of the rights and obligations arising from the parental
liability; the Court shall appoint a guardian, the adopted child's body
the socio-legal protection of children, unless the guardian has previously been appointed.
The provisions of § 929 shall apply mutatis mutandis.
§ 826
After the expiration of three months from the date on which the consent to adoption given, may
be passed to the osvojované in the care of adoptive parents the child before the adoption. About
such transfer shall be decided by the Court on the proposal of the adopter.
section 827
(1) the Court of handing over the child to the care of adoptive parents before the adoption decide to
then, what does the investigation concerning the mutual suitability of the child and
the adoptive parents, in particular with regard to
and) personality and State of health of the adopter and his social environment,
in particular, housing and the household, as well as the ability to take care of the adoptive parents.
the child and the adoptive parents to the adoption incentive
(b)) the personality and health of the child, the social environment from which
the baby comes, as well as his statusová rights
c) ethnic, religious, and cultural environment of the child and the adoptive parents,
(d)), the amount of time that the child was in the care of the adoptive parents.
(2) if the child wants to acquire one of the spouses, the Court finds, for what reason
the second husband to the proposal.
§ 828
If the child previously osvojované passed into the care of the adoptive parent shall be deemed to
his next care for care before adoption. For care before the adoption is not
must be another decision of the public authority.
section 829
(1) before the adoption of the decision, the child must be osvojované in
care of the adopter to its cargo. An adoptive parent has obligations and rights of the person,
to whose care the child is entrusted under section 953 to 957.
(2) care of the adoptive parents of the child before the adoption takes osvojované for
sufficient for convincing findings that between an adoptive parent and child
created by such a ratio, what is the purpose and goal of adoption; This care
ending no earlier than the expiry of the six months.
(3) After the time in which the child is in the care of the adopter, is suspended before
provided for the obligation of another person to the child.
section 830
(1) If a man, who claims he is the father of the adopted child, the proposal on the
the determination of paternity, adoption cannot be decided until the proposal on determining
paternity will be decided.
(2) if the child is in the care of osvojované passed to future adopters according to
§ 823, and if the three-month period has elapsed, in that you can consent to adoption
appeal, before the proposal was filed in accordance with paragraph 1, the provisions of section 817
Similarly.
section 831
If a person who claims to be a close relative of the adopted
of the child, child custody under section 953, adoption cannot be
decide, until a decision on this proposal.
Subsection 4
The consequences of adoption
section 832
(1) a child who was the husband of osvojeno, or their spouses
parents, have the status of a common child's spouse; otherwise my position
the child of the adoptive parent.
(2) the adoptive parents have parental responsibility.
Section 833
(1) Adoption extinguishes the relationship between or her adopted child and the original
the family, as well as the rights and obligations arising from this relationship.
Also cease the rights and obligations of the guardian, or custodian,
who was appointed to the parents of these rights and duties performed.
(2) If an adoptive parent of the adopted child and her husband of one of the parents, shall not affect the
adoption of the ratio between this or her adopted child and parent and its
relatives, or the rights and obligations arising from this contract.
section 834
If a child was osvojeno, which is the parent, subject to the effects of the adoption and
on his child.
section 835
(1) the surname of the adoptive parent has a Osvojenec; the common osvojenec of the spouses has a
the last name that was intended for the children of the marriage.
(2) if the osvojenec, which has the right to speak to your
last name, changing your last name, the Court will decide that the osvojenec will be
his family name the surname of the adoptive parent connect. If osvojenec
reflect the last name, the last name can be osvojitelovo connect only to the first
the surname of the adopted child; If the adoptive parent's surname, you can connect to the
osvojencovu last name, only the first surname of the adoptive parent connect.
§ 836
An adoptive parent of the adopted child is obliged to inform about the fact of adoption,
as soon as it will appear to be appropriate, but not later than the start of the school
attendance.
section 837
The confidentiality of adoption
(1) an adoptive parent or osvojenec may propose that the Court held that
adoption and its circumstances have to be kept secret from the child's family of origin.
It also applies, mutatis mutandis, to the classification of the blood parents and his consent to
intercountry adoption.
(2) even though they were the adoption and its circumstances or blood parent and its
consent to adoption kept secret, the Court may decide about their disclosure,
If justified by the very serious situation threatening the adopted child on
life or health.
section 838
As soon as osvojenec takes a mom to him the right to become acquainted with the
the contents of the file, which was kept in the management of its adoption.
§ 839
Supervision of the success rate of adoption
(1) Without losing sight of the fact that the supervision of the success rate of adoption has been saved,
as a rule, the authority shall provide the socio-legal protection of children osvojitelům
advice and services related to the care of the adopted child.
(2) if warranted by the circumstances of the case, the Court shall order even without the above proposal
an adoptive parent and or her adopted child supervision at the time required, the length of
at the same time determine; the supervision exercised by the authority
the socio-legal protection of children.
The cancellation of the adoption
section 840
(1) if there are important reasons for it, on a proposal from the Court of adoption the adoptive parents.
or adopted child; If a proposal to only one of them, the other to the
design of connect.
(2) Adoption cannot be canceled after the expiry of three years from the adoption of a decision.
This does not apply if the adoption in violation of the law.
§ 841
(1) adoption shall lapse ratio generated by the duties and
the rights arising from this relationship and restores the previous family
the ratio.
(2) the rights and obligations of the adopted child assets incurred before the
before it was cancelled, the cancellation of the adoption is not adoption.
section 842
Osvojenec will have the last name after the cancellation of adoption, which had
adoption, unless he declares that the current's last name.
section 843
Re adoption of the adopted child
Osvojenec can be osvojen again, just
and if earlier) was the adoption of a cancelled
(b)) to be osvojen her husband later adopters after the previous
the husband, who was the common, an adoptive parent has died, or
(c) if he died), who was the sole adoptive parent, or those who were
common to the adoptive parents.
section 844
If it is in accordance with the interests of the child, the Court may, on the proposal of the adoptive parents.
decide well before expiry of the period of three years from the adoption of the decision, that the
adoption is irrevocable.
section 845
Irrevocable adoption does not prevent osvojenec was again osvojen.
Subsection 5
Adoption zletilého
§ 846
Zletilého can be used to acquire, if this is not contrary to morality.
§ 847
Adoption, which is similar to the adoption of a minor
(1) Zletilého, you can learn if a
and the natural sibling was adopted) osvojen the same adoptive parent,
(b)) at the time of submission of the proposal on intercountry adoption was a minor, osvojovaný
(c) the adoptive parent of the adopted) has maintained their already at the time of his
minority or
(d) an adoptive parent intends to adopt a child) her husband.
(2) Zletilého cannot be acquire, if this would be contrary to the
reasonable interest his blood parents.
(3) the provisions of the adoption of the minor, including the provisions on the consequences
adoption, shall apply, with the exception of section 838 and 839, mutatis mutandis.
Adoption, which is not similar to the adoption of a minor
section 848
(1) if it is not detrimental to the important interests of the descendants of the adopter or the descendant
the adopted, you can learn zletilého, exceptionally, also for reasons of
Special attention, if it is beneficial for the adoptive parents and the adopted child
each other, or, in justified cases, at least for one of them.
(2) the provisions of the adoption of the minor, including provisions on the
consequences shall apply mutatis mutandis.
section 849
(1) Osvojenci, and his descendants shall not by relationship to
the members of the family of the adoptive parent and shall not take any property to them
rights. An adoptive parent shall the adoption of any property rights against the
osvojenci and his descendants.
(2) Osvojenec and his descendants never acquiring rights in their own
family.
Common provisions for the adoption of a zletilého
section 850
(1) if it is not fully osvojovaný svéprávný, this is for him a legal representative,
where appropriate, the guardian, the Court shall appoint.
(2) if the marriage, may be adopted only with the consent of osvojen
her husband. If the husband is unable to give consent because it is not fully
svéprávný, or if the measures his consent associated with hard
překonatelnou barrier, the Court specifically assess whether the adoption is not in
contrary to the legitimate interests of the husband or other members of the
family.
§ 851
(1) adoption of a zletilého has no effect on his last name.
(2) If an adoptive parent, can osvojenec connect osvojitelovo
last name to my last name; If the marriage of the adoptive parent and
the spouses of the common surname is required the consent of the other spouse.
(3) if the adopted child and the marriage if the spouses have a common last name,
can osvojenec connect osvojitelovo last name to his last name only
the consent of her husband.
§ 852
Adoption is the legal consequences for the adopted child and its descendants, if
born later. For the descendants of the adopted child is born before the adoption
the legal consequences only when they gave consent to the adoption.
section 853
(1) the obligation of the adopted child to his ancestors or descendants of takes
continue only if, and only to the extent that, if there are other persons who have
the maintenance obligation, or if such persons are not able to your
maintenance obligations to live up to. Osvojenec has the right to maintenance to their
ancestors or descendants only, and only to the extent that, if the adoptive parent is not with it
to meet their maintenance obligations.
(2) Osvojenec inherit in the first class of the adoptive parents the legal heirs,
Occasionally, however, in probate law adopters to other persons.
(3) if the adoption of the legal consequences for the offspring of the adopted child, the
paragraphs 1 and 2 apply mutatis mutandis.
section 854
For the adoption of a minor, which was granted to the patient, the
the provisions on adoption of zletilého shall apply mutatis mutandis.
Section 3
The parents and the child
Subsection 1
General provisions
section 855
(1) the parent and the child have towards each other the obligations and rights. These
reciprocal obligations and rights cannot give up; If so, be taken into account
to it.
(2) the purpose of the obligations and rights of the child to ensure the moral and material
the benefit of the child.
section 856
Duties and rights of parents connected with the personality of the child and the obligations and
the rights of a personal nature arise from the birth of a child and the acquisition of its
the age of majority.
Section 857
(1) the child is required to take care of their parents.
(2) until the child does not become sane, parents have the right to guide their
child educational measures, as it corresponds to its emerging
capabilities, including restrictions for the protection of the morals, health and rights
the child, as well as the rights of others and public order. The child is obliged to
with these measures.
§ 858
Parental responsibility includes the obligations and rights of the parents, which
lie in the care of the child, including in particular care of his health, his
the physical, emotional, and moral development of sensible, in the protection of the child, in keeping
personal contact with the child, in the provision of its education and training, in
determination of the place of residence, in its representation and management of his fortune;
the birth of a child arises and ceases when the child takes full
mom. The duration and extent of parental responsibility can only change
the Court.
§ 859
The obligation and the right to maintenance are not part of the parental
liability; their duration does not depend on the acquisition of a majority or
mom.
Subsection 2
The personal name and surname of the child
§ 860
(1) the child has the surname intended when the marriage of their parents for the
the common children of the spouses.
(2) if the child does not have a surname referred to in paragraph 1, shall choose the parents for the child
the last name of one of them; otherwise, the Court shall determine his surname. The same is true of the
the personal name of the child.
section 861
If I know only one of the parents, the child has his last name. This parent also
determine the personal name of the child; otherwise, the Court shall determine.
§ 862
(1) in the case of a child whose parents are not spouses, parents for the child chooses
the last name of one of them; otherwise, the Court shall determine his surname.
(2) if the marriage of the mother of the child, whose father is not known, the
the child's mother and her husband consistently declare before the Hall of the Office that
last name specified for their other children will have this child.
Section 863
(1) to change the child's surname in accordance with § 862 should be the expression of a child for
the same conditions as in other matters relating to the child;
If the child is older than 15 years of age, you need to change your last name
agreed.
(2) the provisions of § 862 cannot be used if the child has reached majority.
§ 864
If none of the parents I know, even without the Court shall determine the design of the personal name and
the surname of the child.
Subsection 3
Parental responsibility
section 865
(1) parental responsibility belongs to both parents as well. It has every
parent, unless it has been cleared.
(2) if the Court decides on the limitation of parents, mom, decides at the same time on the
his parental responsibilities.
§ 866
For the Court's decision, which concerns the scope of parental responsibility
or how or the extent to which her parents have to exercise, are
identifying the interests of the child.
section 867
(1) prior to the decision, which affects the interests of the child, the Court shall provide the
the child the necessary information to create your own opinion and may this
to communicate.
(2) if it is not in accordance with the findings of the Court the child capable of information appropriately
accept or if it is not able to create your own opinion or if there is
able to communicate this opinion, the Court shall inform and hear who is
able to protect the interests of the child, with the understanding that he must be the person whose
interests are not in conflict with the interests of the child; the older a child twelve years
It is considered that it is able to receive the information, create your own
and this opinion. The opinion of the child the Court devotes due attention.
Section 868
(1) the performance of the parental responsibility of the minor parent who previously
confession of mom or the marriage was restless and full of
mom, it is up to the time when it takes full responsibility, suspended;
This does not apply to the performance of the obligations and the rights of the child, unless the Court
given to the person the parents decide that the performance of this obligation and also
This right shall be suspended until such time when a parent takes full
patient.
(2) the exercise of parental responsibility to the parents, whose responsibility was in this
the area is limited, it is for his mom paused,
unless the Court decides that the parents due to his person retains
the performance of the obligations and the rights of the child care and the personal contact with the child.
§ 869
(1) if the parents in the performance of his parental responsibility serious
the fact and if you can believe that this is in accordance with the interests of the child
should be, the Court may decide that the exercise of parental responsibility in this
the parents of the suspended.
(2) the suspension of the exercise of parental responsibility does not affect the performance of
maintenance obligations to the child.
section 870
If the parent does not exercise their parental responsibility properly and if required
interest of the child, the Court shall limit his parental responsibility, or restrict
her performance, and at the same time lays down the scope of the restrictions.
§ 871
(1) If a parent Abuses his/her parental responsibility or the exercise thereof,
or his or her exercise of parental responsibility seriously
neglecting to court his parental responsibility.
(2) if the parent against his child an intentional criminal offence, or
used to parent their child, that is not criminally responsible, to commit
He committed the offence, or if the parent as an accomplice in the offence,
instigators, helper or organizer of a crime committed by his
the child, the Court shall consider, especially if they are not the reasons for the deprivation of parents
his parental responsibilities.
section 872
Prior to the decision of the Court about the limits of parental responsibility, the Court always
examine whether the interests of the child is necessary to limit the right of parents to
personally, to socialize with the child. If there is a deprivation of parents parental
responsibility, it remains the right of parents to socialize with the child personally, just in
If the Court decides on the preservation of the rights of parents with
taking into account the interests of the child.
§ 873
Get rid of the parents of parental responsibility, the Court may also decide
that it relieves them of all or some of the obligations and rights provided for in §
856, above all the right to give consent to the adoption.
§ 874
Deprivation of the parents of his or her parental responsibility restriction does not affect
on its obligation to the child.
Special provisions concerning the exercise of parental responsibility
section 875
(1) parental responsibility is exercised by the parents in accordance with the interests of
of the child.
(2) prior to the decision, which affects the interests of the child, shall communicate to the parents of the child
everything you need to create your own opinion about the might of the matter and the
parents tell it; This does not apply if the child is not able to properly communication
to accept or not able to create your own mind or is unable to
This view of the parents to communicate. The opinion of the child's parents shall pay the appropriate
attention and take the child's opinion into account when making a decision.
§ 876
(1) parental responsibility is exercised by the parents by mutual agreement.
(2) where the Affairs of the child when deciding on the danger of delay,
one of the parents can decide to give yourself or přivolení; but is obliged to
immediately the other parents, what is the State of things.
(3) if one of the parents in the matter of the child himself against the third party,
that is, in good faith, it is considered that it is the consent of the other
parents.
section 877
(1) unless otherwise agreed between the parents in the matter, which is important for child
in particular with regard to its interest, the Court will decide on the proposal of the parents; It
also applies, if one parent is excluded from decision-making on major
the Affairs of a child's other parent.
(2) an important issue, in particular, shall be considered as not normal healing and
similar procedures, the determination of the place of residence and choice of education or employment
the application of the child.
section 878
(1) if any of the Dead parents, or if it is not known if any of the
parents parental responsibility or if the performance of the parental
responsibility is suspended, the other parent shall exercise parental responsibility;
This is true even if there is a parental responsibility to one of the parents is limited
or if it is restricted by its performance.
(2) If none of the parents, parental responsibility, in full or
If the performance of the parental responsibilities of both parents is suspended, or if the
parental responsibility of parents without prejudice to any of the above ways, but
everyone else, the court appoints a guardian to the child, to which belongs the obligation
and the right of parents or their performance at the place of the parents.
(3) if the parental responsibility of parents is limited, or if it is restricted by its
performance, the court appoints a guardian to the child.
§ 879
(1) when the legal acts against a child who is not eligible in case
separately, negotiations will act legally, and only to one of the parents
as representatives of the child.
(2) If a legally significant, whether a child who is not eligible in case
separately legally Act, is or is not in good faith, it is necessary to
evaluated by the good faith of both parents; If, however, the child in the care of one of the
parents, only his good faith.
(3) If a legally significant, whether a child who is not eligible in case
separately, the Act on the legal stuff, or really knew or
unknown, there is a need to be evaluated by the knowledge of both parents; If, however, the
the child in the care of one of the parents, only his knowledge.
Child care and its protection
section 880
(1) parental responsibility relating to the person the child is exercised by the parents
in the manner and to the extent corresponding to the degree of development of the child.
(2) if the parents Decide about education or the working of the application of the child,
taking into account his opinion, abilities and talents.
§ 881
Child care and protection, performance of his education, or some
its pages, or supervision of the child, parents can entrust another person;
the agreement with her parents may not touch the duration or extent of parental
liability.
§ 882
(1) the person Restrains another unlawfully, the child, parents have the right to ask,
to them, the child handed over; This is true even among parents of each other. This right has
the one who legitimately cares for the child.
(2) a person who unlawfully detains the child, has the obligation to be duly
pass, who has a child in care.
section 883
The parents and the child are obliged to use, support and respect for their
dignity.
section 884
(1) parents have a crucial role in the upbringing of the child. Parents have to be
the versatile example to your children, especially if it is a way of life
and behavior in the family.
(2) Educational resources can only be used in the form and to the extent that it is
appropriate to the circumstances, does not endanger the child's health or development and
does not affect the human dignity of the child.
section 885
Taking care of a child if one of the parents involved in the child's care and its
education and the husband or partner of the child's parents, if the child lives in the
family households. This also applies to anyone who lives with a parent of the child,
without him the marriage or registered partnership, lives with
the child in the family home.
section 886
(1) if the child is living with her parents or with one of them in the family home and
If it is properly cared for, it is also involved in the care of the household.
This obligation shall cease at the same time providing the child with the parents ' nutrition
the child.
(2) a child is involved in the care of the running of the family household, own work
where appropriate, the part to the contributions of their own income, or both
ways. To determine the extent of the share of the child to the care of the running of the family
households are the operative skills and capabilities of the child and the reasoned
the needs of family members.
Personal contact with the child's parents
§ 887
Exercise of the right of parents to maintain personal relations with the child's parents cannot be entrusted to
the other person.
§ 888
A child who is in the care of only one parent has the right to socialize with others
the parent to the extent that it is in the interest of the child, as well as the parent has
the right to socialize with the child, unless the court restricts or prohibits such contact;
the Court may also specify the conditions of contact, in particular where to him has
occur, as well as to identify the person, which may or may not contact
to participate in. The parent who has the child in the care of the child is required to come into contact with the second
a parent prepare, contact of the child with the other parent to allow properly and
in the exercise of the right to personal contact with the child to the extent necessary with the second
the parent work.
§ 889
The parent who has a child in care, and the other parent must refrain from everything
disrupts the child's relationship to both parents or what raising a child makes it more difficult.
If a parent who has a child in care, for no reason permanently or repeatedly
other parents in contact with the child, this behavior is the reason for the new
the Court's decision about which of the parents is to have a child in their care.
section 890
Parents are obliged to inform each other of all relevant regarding child
and his interests.
§ 891
(1) a parent who has a child in care, and the other parent agree together how
the parent who has the child in care, will be with the child to socialize. Unless otherwise agreed by
parents, or if it requires an interest in the upbringing of the child and the circumstances in
Family Court contact parents with a child. In justified cases,
the Court may determine the place of contact with the child's parents.
(2) if it is necessary in the interest of the child, the Court shall limit the right of parents to personally
to socialize with the child, or the intercourse and disables.
The representation of the child
section 892
(1) parents have the duty and the right to represent the child in the legal
the negotiations, which is not legally eligible.
(2) the parents of the child are represented together, Act may, however, each of them;
the provisions of § 876 paragraph. 3 shall apply mutatis mutandis.
(3) a parent of the child cannot substitute, if it could lead to a conflict of
interests between him and the child or children of the same parents. In such a
If the court appoints a guardian to the child.
§ 893
Unless the parents of the child in legal negotiations
well, the Court will decide on a proposal from the parents, which of the parents the child
legally and how to act.
§ 894
(1) Parents as guardians for the child can settle the matter,
unless it is a matter of personal status, enter into a contract on behalf of the
a person with expertise, where appropriate, and other appropriate person.
(2) If a contract on behalf of a child, it does not affect the statutory
the representation of the child's parents.
(3) in the absence of a legal contract between the representative and to the agreement, shall decide
the Court, in accordance with the interests of the child.
section 895
If the denial of paternity, legal negotiations made by the father as
the legal representative shall remain unaffected.
The equity of the child care
section 896
(1) parents have the duty and the right to take care of the assets of the child, in particular
as the regular managers manage. With the funds, which can be
assume that will not be needed to cover expenditure associated with the
the property of the child, must dispose of safely.
(2) When a legal action that relates to the individual components of equity
the child's parents, as his representatives; the provisions of section 892 paragraph. 3
shall apply mutatis mutandis.
(3) breach of a duty of care to the parents about the child's fortune as the regular
Goodman, replaces the child of the damage suffered, jointly and severally.
section 897
Unless the parents of the essential matters, taking care of the assets of the child,
the Court decides on a proposal from the parents.
section 898
(1) the legal acts which concerns existing and future assets
a child or an individual component of this capital, they need parents consent
the Court, unless it is a routine matter, or the matter may
exceptional, but concerning the negligible assets.
(2) the consent of the Court, in particular, to the legal negotiations, which the child
and takes a culture thing) or its part and that it is treated,
(b)) puts a strain on the property as a whole or its not unsubstantial portion,
(c)) shall take a gift, legacy or link not negligible assets
the value of such a gift or inheritance, or refuses to, or link such a gift
or a gift that represents not unsubstantial portion of his assets, provides
or
d) concludes in order to bind to the long-term performance of the contract, again
credit or similar, or contract relating to housing, in particular
the lease.
(3) a legal hearing parents, which meet the required consent of the Court,
shall be disregarded.
§ 899
What parents will gain by using the assets of the child, the child.
section 900
(1) the revenue from the assets of the child that the parents do not apply to the proper management of its
assets (profit), apply first to the nutrition of a child. If it is necessary,
parents can then use the remaining profit from the assets of the child as its
post at your own parents and nutrition nutrition minor siblings
the child, if the child lived in the family home, unless it is of the
important reasons necessary to maintain is for the child for a period after the entry into
mom.
(2) the assets of the child, parents can, with the consent of the Court apply to nutrition
custom and siblings of the child only if the person, without fault
that they have the obligation to the child, there is a significant disparity between the
the ratios of the child and the mandatory ratios of persons.
§ 901
(1) the duty and right of parents to take care of the assets of the child shall cease the statement
the decline in the assets of the parents. If the other parent, that could take care of
the assets of the child, the Court shall appoint a guardian without a proposal for management of the assets of the
of the child.
(2) After the expiration of three years from the abolition of the bankruptcy, the Court may, on a proposal from the parents
or guardian to manage the assets of the child to parental restrictions
to cancel the liability, unless the recovery obligations and rights of the parents
take care of the assets of the child in conflict with the interests of the child.
section 902
(1) once the child becomes full, mom, casting his parents Fortune
which managed, in particular he shall forward to the components of its property, or
transfer to them of their administration and management of the child Bill Fortune
without undue delay, but not later than within six months from the date when the
the child has a full, mom. The Bill is not needed if the child is
not sought.
(2) where the parents of the child or in the management of assets in connection with
costs, may request their replacement.
§ 903
(1) if the management of a fortune considerably difficult, in particular for the extent or
diversity of ownership of the file, and the parents manage the assets properly
they have worked, then what shall transfer the assets managed by your child,
apply an appropriate reward, if it proceeds.
(2) If during the duration of the management of the assets of the circumstances clear that management
is very difficult, and parents acting properly, on a proposal from the Court of them
the appropriate annual, or admits otherwise time-specified reward for
the management of the assets.
section 904
The handover and takeover of assets does not affect the responsibility of the parents for the Administration
the assets of the child.
§ 905
(1) the Court shall appoint a guardian without a proposal for management of the assets of the child,
If the interests of the child could be at risk, especially if there
common property rights of the parents and the child or the child and his siblings.
In the scope of the obligations and rights of the guardian to manage the assets of the child are
parents in the performance of the obligations and rights of the child in relation to capital limited.
(2) For the obligations and rights of a guardian to manage the assets of the child, which
He was appointed in addition to the parents, shall apply mutatis mutandis to the provisions of the guardian,
It manages the assets of poručence, opatrovníkovi,
It manages the assets of the opatrovance.
The exercise of parental responsibility after divorce
section 906
(1) if it is to be taken of the child's parents divorce, the Court
First, determine how each of the parents to take care of the child in the future, and with it the
taking account of the interests of the child; with this in view of the favourable opinion from the
the parents, the Court fixed only if required by the interests of the child. The Court takes the
account not only of the child's relationship to each of the parents, but also its relationship to
siblings, or even to the grandparents.
(2) the Court may decide that the agreement be approved by the parents, unless it is
clear that the conventional way of the exercise of parental responsibility is not in the
accordance with the interest of the child.
section 907
(1) the Court may entrust the child to the care of one of the parents, or the AC
care, or to joint custody; the Court may entrust to the care of the child and other persons
than the parents, if it is necessary in the interest of the child. The child is to be entrusted to the
joint custody, it is necessary that the parents agreed with it.
(2) when deciding on the custody court decides to
the decisions reflect the interests of the child. The Court takes into consideration the personality of the
the child, in particular its talents and abilities in relation to the development
the possibilities and the conditions of the parents, as well as on the emotional orientation, and
background of the child, on the educational ability of each parent to existing and
the expected stability of the educational environment in which the child has to live in the future,
on the child's emotional ties to his siblings, grandparents, or other
relatives and unrelated persons. The Court shall take into account, which always from parents
Yet the child properly and duly heeded his emotional, intellectual and
moral education, as well as that for which the parent has the child better
prerequisites for a healthy and successful development.
(3) the Court, when deciding child custody is committed also to the right
of the child to the care of both parents, and maintain regular personal contact with
them, on the right of the other parent to whom the child will not be entrusted to
regular information about the child, the Court shall take into account also the
ability of the parents to agree on raising the child with the other parent.
section 908
Performance of the duties and rights of parents who live separately
If the parents do not live together, the minor child who is not an fully, and
If they fail on the adjustment of the care for such a child, a decision thereon and without
the proposal by the Court. In the other, the provisions of section 906 and 907 shall apply mutatis mutandis.
section 909
Special provisions
Changes to conditions, the Court will change the decision relating to the performance of the obligations
and the rights of parental responsibility without the proposal.
Subsection 4
The maintenance obligation
section 910
(1) the Ancestors and descendants have a mutual obligation.
(2) maintenance obligations of parents towards the child's maintenance is preceded by
obligations of grandparents and other ancestors to the child.
(3) the more distant relatives have the maintenance obligation, only if it
meet more relatives.
(4) unless it is the ratio of the parents and the child, maintenance
maintenance obligations the obligation to the descendants of ancestors.
Section 911
Alimony may be granted, if it is unable to support himself.
section 912
A minor child who is not fully an, has the right to maintenance, even if
has its own assets, but profit from the assets together with the income from gainful
the activity is not enough for its nutrition.
§ 913
(1) For determining the scope of maintenance are applicable justified needs
authorized and funded ratios, as well as the abilities, possibilities and
equity ratios of the principal.
(2) in assessing the abilities, possibilities and financial circumstances statutory
It should also consider whether the principal did not give up without an important reason
more favourable employment or self-employment or property
the benefit, where appropriate, whether taken excessive risks in property.
Furthermore, it is necessary to take into account the fact that the principal of the authorized person
cared for, and to the extent that they do so; taking account, where appropriate, to the care of
a family household.
section 914
If more persons liable, which authorized the same
the position corresponds to the scope of the maintenance obligations of each ratio
its assets, abilities and possibilities to the whole of the circumstances,
abilities and capabilities of the other.
Alimony between parents and children and ascendants and descendants
section 915
(1) the standard of living of the child has to be fundamentally the same as the standard of living
parents. This aspect is preceded by the aspect of the justified needs of the child.
(2) the child is required to ensure your parents a decent nutrition.
section 916
Unless in proceedings relating to maintenance obligations of parents to the child or
maintenance obligations of another ancestor to the minor child, that
nenabylo full, mom, the person nutrition required court properly its
revenue by producing all the documents and other supporting documents for the evaluation
assets and will not allow the Court to find out other facts
needed for decision making data protected under another
legislation, that the average monthly income of that person shall be
pětadvacetinásobek subsistence minimum individuals under another
legal regulation.
section 917
If the Court decides on the maintenance obligations of parents to the child or
maintenance obligations the ancestor to the minor, which nenabylo full
mom, and the property of the person feeding the mandatory it concede
can be considered justified needs of the child and to consider the creation of savings,
If circumstances do not preclude the special case; the provided maintenance
passes into the possession of the child. On the management of the amounts provided as follows
the General rules on the assets of the child.
section 918
In proceedings of the parents to the child maintenance obligations, in cases of
worthy of special attention by the Court the person nutrition required to
has passed an advance on maintenance to be payable in the future; the provided maintenance
passes into ownership of the child gradually to the individual days of the due date
maintenance. The prepaid amount is seen as assets of the debtor.
section 919
If the parents do not live together, the minor child nenabylo full
mom, and agree on implementation of the maintenance obligation to
the child, or where the parents are living such a child together, but one of them
obligation to pay maintenance to the child, the Court shall proceed in accordance with § 915 to
918. The same applies in the event that the Court decides on the care of the minor child,
that nenabylo full, mom, if the parents cannot agree on the implementation of
maintenance obligations to the child.
section 920
Maintenance and ensuring the payment of certain costs of the unmarried mother
(1) if the mother of the child is not married to the father of the child, the father
child nutrition for two years from the birth of the child and will help her in the
a reasonable range to cover costs associated with pregnancy and
the childbirth. The obligation to reimburse the costs associated with pregnancy and childbirth
men arise, whose paternity is likely, even if the child
born live.
(2) the Court may, on the proposal for a pregnant women to save the men, whose paternity is
likely to make the amount required on the nutrition and contribution margin
the costs associated with pregnancy and childbirth provided in advance.
(3) the Court may also, on the proposal for a pregnant women to save the man whose paternity
It is likely to advance provided the amount necessary to ensure
nutrition of a child for a period, after which the woman belonged as an employee
According to another legal regulation on maternity leave.
Common provisions on maintenance
section 921
Maintenance is in regular doses, and is due to the Moon
forward, unless decided otherwise, the Court or the person nutrition required
agreed with the person entitled otherwise.
§ 922
(1) the Maintenance can be awarded only after the date of the commencement of legal proceedings; u
maintenance for children and for a maximum period of three years from that date.
(2) Maintenance for the unmarried mother and the reimbursement of the costs associated with the
pregnancy and childbirth can even back up two years from
the date of birth.
section 923
(1) if the conditions, the Court may amend the agreement and the decision on maintenance
for the minor child, that nenabylo full, mom.
(2) if there is a cancellation or reduction of maintenance for the last time for the
the minor child, which nenabylo the full mom consumed by maintenance
will not be refunded. Not even the maintenance dose, that such child was
met for a month in advance, but the child died before the end of the month.
Section 4
Special measures in the upbringing of the child
Preventive, educational and penalties
§ 924
If the child is in a State of lack of proper care, regardless of whether the
There is, or is not, the person who has the right to seek them out, or if the life of the
the child's normal development or another important interest in serious jeopardy
or if disturbed, the Court shall adjust the preliminary conditions of the child to the strict
necessary time; not interfere with the Court's decision, if the child is not properly
represented by.
§ 925
(1) if required by the interest of the proper upbringing of the child, and if they do so
the authority operating the protection of children, the Court may
and admonish the child in an appropriate manner), the parents, the person to whose care was
the child has been entrusted, or who interferes with the proper care of the child,
(b) supervision over the child) to establish and implement it for the cooperation of the school,
the authority for social and legal protection of children, where appropriate, the other institutions and
persons, which operates mainly in the place of residence or workplace of the child,
or
(c) the child or parents) to save restrictions to prevent harmful effects on its
education, in particular the prohibition of certain activities.
(2) the Court shall monitor whether compliance with the educational measures, which
decided, and evaluate its effectiveness as a general rule in conjunction with the authority
the socio-legal protection of children, or other people.
section 926
The responsibility to care for the child and the protection or care of his fortune on
the basis of the decision of the Court a person other than the parents, and parent and this person
they cannot agree on the exercise of care, shall decide on the proposal of one of the
the participating court.
Section 5 of the
Relations between the child and other relatives and other persons
section 927
The right to socialize with the child to persons related to the child, whether closely or
remotely, as well as the person the child socially close, if the child has
the emotional relationship that is not just a temporary, and if it is clear that the
the lack of contact with these persons for the child meant harm. Also, the child has
the right to socialize with those persons, if these persons to contact agrees.
TITLE III
GUARDIANSHIP AND OTHER FORMS OF CHILD CARE
Part 1
Guardianship
section 928
(1) if there is no parent that their child has and shall exercise the
parental responsibility in full, the court appoints a guardian to the child.
(2) the Guardian has against the child in principle all the obligations and rights as
the parent, but the child does not have the obligation to pay maintenance. With regard to the person
the child's guardian or ratios, as well as with regard to this, for what reason
parents do not have all the obligations and rights may exceptionally be circuit
the obligations and rights of the trustee defined otherwise.
§ 929
If the situation referred to in section paragraph 928. 1, shall exercise guardianship authority
operating child protection as a public guardian, and up to the time when
the Court shall appoint a guardian of the child or until the guardian one of the function.
section 930
(1) the Court shall appoint a guardian to a child immediately after, when it finds that the
the child, whom the guardian is to be created.
(2) if the guardian dies, loses the ability to or guardianship
exercise of their functions, or is acquitted or relieved from Office and other
the person has not been appointed to the position of a guardian, the provisions of §
929.
(3) the Court shall, without delay after the situation referred to in section 928, or in
paragraph 1, to determine whether there is a suitable person who could
to exercise guardianship. If you fail to find such a person, shall be appointed by the Court
the function of the trustee authority for social and legal protection of children.
section 931
(1) if it is not contrary to the interests of the child, the Court shall appoint a guardian,
who suggested to the parents, unless the person refuses the guardianship. Otherwise,
the Court shall appoint a guardian, one of the persons close to the child's relatives or
or his family, unless such person expressly ruled out by the parent. If it is not
such a person, the court appoints a guardian to another suitable person.
(2) a natural person, that the court appointed, may your appointment
guardian refuse. The Court then appoints another person.
section 932
(1) the trustee may appoint only fully svéprávnou person that way
life guarantees that is able to function a guardian to perform properly. Before
her appointment as guardian, the Court finds that the appointment of the
It is not contrary to the interest of the child.
(2) The functions of the guardian, the Court may appoint two persons; they will be
usually the spouses.
section 933
(1) a Guardian shall be responsible for the proper performance of their functions and shall be subject to the Standing
the supervision of the Court.
(2) the Guardian takes his duties on the day of the appointment.
(3) within 90 days after the appointment of a guardian shall submit to the Court an inventory
the assets of the child; the Court may, at the request of the custodian to extend,
a maximum of 60 days.
§ 934
(1) every decision of the guardian in not ordinary matters relating
the child must be approved by the Court. The legal acts of the custodian, for which
meet the required consent of the Court, shall be disregarded.
(2) the Guardian shall report regularly to the Court on the person of the child and its
develop and submit the accounts of the management of its assets, and it at least once a
year, unless a shorter period of the Court. The Court may exempt the guardian
the obligation to submit detailed accounts managed Fortune
do not exceed the proceeds of the assets likely to cost of maintaining
assets and on education and child nutrition.
section 935
(1) the Guardianship shall cease whenever at least one of the parents poručence
parental responsibility or if it takes the ability to perform.
Guardianship also extinguishes, if mom takes the child, or if the
osvojeno.
(2) the functions of the Trusteeship ceases with the death of a guardian, or by a decision of the Court of
exemption from the guardian, or custodian of the appeal.
section 936
The Court shall relieve the custodian function, if requested by it for important reasons, or
If the person who carries out the function of the custodian, for the performance of functions
guardian ineligible.
section 937
(1) the Court shall withdraw the guardian, which violates its obligations to poručnické.
(2) the Court shall consider the appeal of a guardian, if it finds the reasons for which it is not
appropriate, to continue to exercise his functions, the guardian.
section 938
(1) after the performance of the duties of the custodian shall forward the who function
performed, without undue delay, but not later than within six months,
the Court everything was because of its functions, and shall
a final report on the performance of ward of the function; part of it is
the final account of the management of the assets of the child.
(2) if the person who performed the function of guardian, his heir
the Court of all the deceased had for each other because of the performance of his ward
function. If no heirs, has this obligation to anyone who has access to it,
What should the deceased by reason of the exercise of their functions of ward.
§ 939
If the guardian is a person who personally takes care of the child as if he
It was entrusted to the care of the child permanently, belongs to him material security as a
pěstounovi.
§ 940
If the guardian takes care of the child personally, along with her husband, the
the provisions about the ratio of parents to the child and his or her spouse.
section 941
(1) if the trustee Is a person who personally takes care of the child, and taking care of the assets of
the child is very difficult, in particular for the sheer size and diversity
property file, it may propose to the Court, the guardian appointed for the
the management of the assets of the child's guardian; part of the proposal is to compile an inventory of the assets of the child
the date of submission of the proposal.
(2) if the Court shall appoint a guardian in accordance with paragraph 1 shall at the same time
mutual obligations and rights of the custodian and the custodian.
section 942
If no guardian appointed for the management of assets, the provisions of
concerning the guardian to manage the Fortune similarly for the guardian that
takes care of the assets of the child, unless it is a in the provisions relating to the guardian
unless otherwise provided for.
Part 2
Child custody
Section 1
Guardian
section 943
The court appoints a guardian to a child, if there is a conflict of interest on the part of the child's
the one and the other person on the other side, defending the legal representative
sufficiently the interests of the child, or if it is in the interests of the child required from
Another reason, or, when provided for by law. Appointed guardian has
the right to bring proceedings, if it is always from the perspective of interests
the child takes to the Court or other public authority in the Affairs of the
the child's mind.
section 944
For the custody, guardianship, and opatrovance, the provisions of
guardianship, the guardian and poručenci appropriately.
section 945
In the decision on the appointment of a guardian, the Court shall indicate, in particular, why is
the guardian is appointed, whether and how is the limited time, after which it has the function of
exercise, what are his rights and obligations, even in relation to other
persons, whether to a legal hearing needs the consent of the Court, whether and
How to submit reports to the Court, whether he has the right to pay all or some of the
the cost and the right to remuneration.
section 946
Before the custodian shall on behalf of the child to the legal negotiations,
He was appointed to the opinion of the parents, it found, or
guardian, if that is possible, and the opinion of the child and, where appropriate,
also the opinions of other people.
§ 947
Guardian, who was appointed only to a particular legal act,
the Court shall release its function even if lasts no longer needed, which led to the
his appointment.
Section 2
Guardian to manage the assets of the child
section 948
In the decision on the appointment of a guardian to manage the assets, the Court shall specify the
the range of assets that will manage this guardian; also usually
Specifies how you want the individual parts of the capital,
If applicable, what method of dealing with him.
section 949
Guardian to manage the assets of the progresses in the performance of their duties with care
the sound of the householder and not to take excessive risks.
§ 950
(1) a guardian shall be responsible for the management of the assets of the proper performance of their functions
of the Court and subject to its standing.
(2) the legal guardian For negotiations for the administration of the assets, the provisions of
How to carry out the administration of the child's parents a fortune Similarly; the Court shall determine,
If it considers it necessary, that the legal guardian to manage negotiations
the assets must be approved by the Court.
(3) a guardian to manage the assets of the Court regularly reports and
accounts from the management of assets, and it's always for a period, the length of the Court shall determine; This
the period may not be longer than one year.
§ 951
(1) a guardian for the management of the assets has the right to deduct from the proceeds of the assets
the child required costs associated with the administration of the assets of the child. It is not enough to
income, the Court may decide that the costs will be paid from the assets.
(2) a guardian to manage the capital has the right to equitable remuneration from the proceeds
the assets of the child; paragraph 1 shall apply mutatis mutandis. The amount of remuneration and the period for which the
the reward is to be opatrovníkovi for the management of the assets of the fixed, shall designate the Court with
regard to the nature of the income equity of the child. The provisions of § 903 paragraph. 2
Similarly.
§ 952
Expires if the custody of assets, the administration of the duties of
who performed the function of guardian, the provisions of section 938 paragraph. 1 similarly.
He died when the guardian, shall apply mutatis mutandis to the provisions of section 938 paragraph. 2.
Part 3
Child custody of another person and devote themselves
Section 1
Child custody of another person
section 953
(1) if the child is unable to personally take care of any of the parents or guardian can
Court to entrust the child to the personal care of another person (hereinafter referred to as "caring
the person "). Decisions on child custody must be in accordance with the
interests of the child.
(2) the Custody of the child to personal care caregiver does not replace
foster care, předpěstounskou care, or care, which must be preceded by
intercountry adoption. Takes precedence over the care of a child in institutional education.
§ 954
(1) the caregiver must offer guarantees of proper care, have resided in the territory of
The Czech Republic and agree with the entrustment of the child to personal care.
(2) if Took personal custody of the child, the person related or child nearby,
gives it the Court shall take precedence over the other person, unless it is not in accordance with the
interests of the child.
section 955
The obligations and rights of caregiver shall be defined by the Court; otherwise reasonably
the provisions about devote themselves.
§ 956
(1) the Court shall determine the scope of the maintenance payments to parents with regard to their capabilities,
skills and equity ratios and the obligation to pay maintenance to the
a caring person.
(2) the caregiver has the right to enforce the maintenance provided for parents on child
in care, as well as the right to alimony for a child to farm in order to
the child according to his needs and in accordance with its interests. The Court may way
management of the maintenance of the child, in particular edit to determine what part of the
intended for consumption and what part will the child spořena.
§ 957
If it is not possible for parents or other relatives to save maintenance
obligation to the child, the provisions of § 953 to 956 shall apply.
Section 2
Devote themselves
§ 958
(1) if the child is unable to personally take care of any of the parents or guardian can
Court to entrust the child to personal care pěstounovi.
(2) foster care takes precedence over the care of a child in institutional education.
(3) the Court may entrust the child to foster care and for a transitional period.
Details provides a different law.
§ 959
(1) the Court may decide to foster care at the time that it takes
barrier to parents in the personal care of the child.
(2) a parent can claim the child back to his personal care. The Court proposal
passes, if it is in accordance with the interests of the child.
section 960
(1) the parents of the child have obligations and rights deriving from the parental
liability, with the exception of the rights and obligations which the law provides for the
pěstounovi, unless the Court, for reasons worthy of special attention shall decide
otherwise.
(2) parents have the right to the child personally and regularly socialize and right
the information about the child, unless the Court, for reasons worthy of special attention
decides otherwise.
section 961
(1) Commit the child to the foster care does not affect the duration of the maintenance
the obligation of parents to the child. The Court shall determine the scope of maintenance with your parents
regard to their possibilities, abilities and property, and justified
needs of the child.
(2) Belongs to the child allowance to cover its needs, according to another
the law, the right of the child to the State. If the maintenance is higher than this
post belongs to the difference to a child. The Court shall decide on the method of payment and the
management of maintenance.
section 962
(1) Who you want to become a foster parent, must offer guarantees of proper care, have
residence in the territory of the Czech Republic and must agree to the child's entrustment
to foster care.
(2) if Took personal custody of the child, the person related or child nearby,
gives it the Court shall take precedence over the other person, unless it is not in accordance with the
interests of the child.
section 963
The Court may entrust the child to those interested in foster care to předpěstounské
care; its length shall be determined taking into account the circumstances of the case. Over the course of
and the success of předpěstounské care exercises supervision.
section 964
(1) a child may be entrusted to a common foster care the common
foster, if they are married.
(2) the Court, which decides on divorce common foster parents,
This marriage divorce, until the modified duties and rights
foster parents for the time after the divorce. Divorce common foster
care of the spouses ceases.
(3) if one of the Joint foster parents, the child remains in foster care
the care of the surviving spouse.
section 965
(1) with the consent of the other spouse's child may be entrusted to foster
care only of one of the spouses.
(2) the consent of the other spouse to commit the child in foster care is not
Maybe, if the other spouse is not fully svéprávný or if the measures
his consent associated with hard to překonatelnou obstacle.
(3) The personal care of a child in foster care is involved and the husband
guardian, if he lives in the family home.
§ 966
(1) foster father is obliged and entitled to personally take care of the child.
(2) foster father in the upbringing of a child shall exercise, mutatis mutandis, the obligations and rights
parents. Is obliged and entitled to make decisions only on common issues
the child, a child in these matters represent and manage its assets.
Has a duty to inform the child's parents of his matters.
If circumstances so require, shall establish other obligations and rights of the guardian
the Court.
(3) Paragraphs 1 and 2 shall apply by analogy to those interested in foster care,
which was entrusted to the care of the child předpěstounské.
section 967
Foster father has an obligation to maintain, develop and deepen the Fellowship
a child with his parents, other relatives and persons close to the child. Has the
the obligation to allow intercourse parents with a child in foster care, unless the Court
provides otherwise.
section 968
A child in foster care, according to their possibilities and helps
capabilities in the pěstounově household; If your own income, also contributes to the
cover the common needs of the family.
§ 969
If there is a material change in circumstances or disagreement between parents and
foster parent in matters relating to the child, the child, the parent
or foster father suggest the Court change, cancellation rights and obligations
foster care, or other decision.
§ 970
Foster care shall expire at the latest, if the child becomes full, mom,
otherwise, its zletilostí.
Part 4
Constitutional education
§ 971
(1) if the education of the child or his physical or mental state, a sensible,
or its orderly development seriously threatened or impaired to the extent that it is
It is contrary to the interest of the child, or if there are serious reasons for that
the parents of a child cannot secure his upbringing, the Court may, as necessary,
the measures also require constitutional education. It does so in particular if, when
previously, the measures taken to remedy the situation. The Court is considering whether to always
is not in place to give priority to child custody of the natural person.
(2) in the event that the parents of the serious reasons cannot ensure education
children in the transitional period, the court entrusts a child to a facility for children
in need of immediate assistance, for a period of not more than six months.
(3) the Inadequate housing conditions, or property of the child or parents
persons to whom the custody cannot themselves be the reason
for the decision of the Court on the constitutional education, if they are otherwise parents
eligible to secure the proper upbringing of the child and the fulfilment of other obligations
resulting from their parental responsibilities.
(4) the Court, in the decision, which ordered the constitutional education, mark
the device to which the child is to be placed. In doing so, account shall be taken of the interests of
of the child and to the expression of the authority of the socio-legal protection of children. The Court shall ensure the
the location of the child's closest residence of parents or other persons child
the nearby. It also applies where the Court decides on the transfer of the child to the
other equipment for the performance of the institutional or protective education.
section 972
(1) the constitutional education can be required for a maximum period of three years. The constitutional
education can be used before the expiry of three years from its regulation to extend,
If the reasons for the constitutional regulation of education still persists. The duration of the
institutional care may be extended repeatedly, but always for a maximum period of three
years. After a period of time, the Court shall decide on the revocation or an extension of the constitutional
education, the child remains in the constitutional education, though he had passed the time before
by the decision of the Court.
(2) if the reasons for which it was ordered, or constitutional education
If it is possible to ensure the child other than institutional care, the Court shall immediately
constitutional education and at the same time shall decide according to the circumstances, to
the custody.
(3) the Constitutional Court decision shall cease on the education of the adoption. If it has been
decision on child custody of future adopters according to § 823
or 829, constitutional education is interrupted.
section 973
If the Court decided according to § 971, the Court is obliged to at least once
for the six months to examine whether there are grounds for the regulation of this
the measures or whether it is not possible to ensure child care replacement family. For
to this end, in particular
and) will require competent authority report of socio-legal protection of children,
(b) affix's expression of opinion) the child, if the child is able to get it
create and communicate after it, the Court, having regard to his age and intellectual
maturity, instruct, and
(c) the child's parents to ask) to express their opinion.
section 974
The Court may, for important reasons, extend to the constitutional education for one year
After reaching the age of majority.
section 975
If the Court decides on the placement of children in institutional or protective education
also adjusts the scope of the maintenance obligations of parents.
PART THE THIRD
ABSOLUTE PROPERTY RIGHTS
TITLE I OF THE
GENERAL PROVISIONS
section 976
Absolute property rights acts against anyone, unless something else
the law.
section 977
The law provides that property rights are absolute.
section 978
From the provisions of this section may be waived the arrangement with effects towards third
persons, only if the law permits.
TITLE II
RIGHTS IN REM
Part 1
General provisions
section 979
The provisions of this title shall apply to the things the tangible and intangible, to the rights of
However, only as long as he admits if their nature and does not stem from the law
something else.
section 980
(1) If a public list of registered right to the point, does not excuse anyone
the ignorance of the registered data. Sets if legislation, writes to the
the public list in addition to a right in rem and right of use or consumption,
as well as the restriction of the scope or the manner of use or usufruct
the co-owners.
(2) if the right to the things recorded in the public list, it is considered that the
has been registered in accordance with the actual situation. If the right to
things from the public list is cleared, it is considered, that does not exist.
section 981
If it is in the public list of registered right to Foreign Affairs, takes precedence over the
before a material right, which is not apparent from the public list.
section 982
(1) for the rights to the Foreign Affairs decides the time of submission of the proposal on
registration rights. The rights of registered on the basis of the proposals made at the same time have
the same order.
(2) where the owner of a right in rem to own things before this can
the right to reserve and to a public list, write the order of priority for
other right; the reservation has to be to the public list is written to
the establishment of a right in rem, requires the consent of the person whose right to be
prejudice. To the registration of the rights for which it was reserved for a better order,
does not require the consent of the person whose right is subject to limited, unless the
be right, which is indicative of a better order, entered a reservation to the public
the list in a wider scope than that of reservations.
section 983
(1) if it is registered in the public list of priority to the establishment of the
a right in rem to the other person and if, within one year of registration filed
the proposal for the registration of the rights to which the prior right concerned may
the owner of the enforced deletion of a prior right. If the one who has
the right of priority, that before the expiry of the transfer or sue
other establishment of a right in rem, the period shall run from the end of the
the proceedings; in rejecting the application, the priority right will be deleted, however, the
the request of the owner at the time of the decision.
(2) if it is in the public list of registered preferred as conditional
or with submission time, the time limit referred to in paragraph 1 shall run from the date when the
priority right becomes enforceable.
section 984
(1) if the State is not registered in the public list in accordance with the actual
legal status, testifies in favor of State registered persons, which took
a right in good faith for valuable consideration by a person authorised to do so by
registered status. Good faith shall be assessed to the time when the legal negotiations
has occurred; If, however, arises a right to registration in a public list, then
to the time of the submission of the proposal to write.
(2) For the necessary path, and výměnek for the right arising from law
without losing sight of the status of the entries in the public list is the first sentence of paragraph 1
does not apply.
section 985
If the status is not registered in the public list in accordance with the actual legal
status, the person whose right is without prejudice to pursue the removal of
non-compliance; If they prove that their right is exercised, it shall be entered on the
the request to the public list. Decision issued on its relevant law
acts against anyone whose right has been entered in the public list
After the person concerned has applied for registration.
section 986
(1) who argue that it is in its law without prejudice to the registration carried out in
the public list without a legal reason in favor of another, you may
claim deletion of such a registration and the request that it was in the public list
noted. The authority, which runs the public list, clears the comment
built of registration, even if the applicant submits, within two months of receipt
request that their right to apply to the Court.
(2) if the applicant has been asked about jotti built writing to one month
the date on which the registration of the learned, his right to anyone who
popíraný writing is evidence or who has reached the next on the basis of the registration;
After expiry of this period, however, only to those who reached the registration without
in good faith.
(3) if the applicant for registration of a foreign law duly informed, extended
the time limit referred to in paragraph 2 to three years; the period starts to run from the date when the
was popíraný entry is made.
Part 2
Holdings of
section 987
The holder is the one who exercises the right to yourself.
section 988
(1) Hold can be right, that can be converted to another legal act, and
that admits a permanent or recurring performance.
(2) a personal right not subject to repossession or prescription. But who carries out
the personal law, is entitled to his alleged right to exercise and defend.
section 989
(1) holds the right of ownership, who took the case to her as
the owner.
(2) the right to hold one who began to perform as a person is that such
the right under the law and to other persons in accordance with it.
The acquisition of tenure
section 990
(1) Possession can be acquired immediately by the holder takes its power.
Immediately, the holding shall, to the extent in which the holder actually
took over.
(2) Possession can acquire derivatively the current holder converts its
holding to a new holder, or by the new holder takes possession as
the legal successor of the earlier holders. Derivatively, the holding in
the extent to which it had hitherto holder and that the new
the holder of the converted.
§ 991
The ordinary holdings
Tenure is good, if it is based on a valid legal reason. Who befriends
possession immediately, without abolishing the foreign holding, or who takes possession of the
will the previous holder or on the basis of the opinion of the public authority,
is the proper holder.
Honest holdings
section 992
(1) Who has a convincing reason for that, it is right that
is an honest holder. Dishonest holds the person who knows or who must
be apparent from the circumstances, that exercises the right, which does not belong to him.
(2) representative in the acquisition of possession of Dishonesty or when its performance
the representative is holding an unfair. This does not apply if the information represented by the Special
the command given in relation to this holding representatives ordered that tenure
or that it took charge of the exercise.
(3) the Fair belongs to the holder the same rights as the holder of the ordinary.
section 993
Right holdings
Unless that someone entered in the possession of svémocně, or that it
crept quietly or tricked, or anyone that seeks to turn into a permanent
the right to do what he was allowed just výprosou, it is a real possession.
section 994
It is considered that tenure is a proper, honest and genuine.
section 995
If it has been granted tenure or action contesting her honesty, it considers the
the honest holder for the rogue at the latest from the moment he was
delivered to the action. Luckily, that thing was not the owner managed, however,
It is chargeable to the holder, only when the dispute was detained arbitrarily.
Tenure freehold
section 996
(1) the holder may, within the limits of the law of the case to hold and use,
Indeed, it even to destroy or otherwise dispose of and, and not of anyone
responsible.
(2) the holder of the Fair belong all the fruits as soon as things are separated.
His are also all the benefits that have already selected for repossession have reached.
section 997
(1) the Fair shall be borne by the holder of the necessary costs, which was for a lasting
preserving the essence of the things needed, as well as the costs incurred by efficiently and
increasing the usefulness of the case or its value. Compensation belong to the above
present value, if that does not exceed the actual costs.
(2) the usual maintenance costs are not reimbursable.
section 998
Of the costs made by the holder of the fair interests or for decorative,
shall be borne by only so much, how much to increase the MSRP; the previous holder of the
However, your benefit may be to delete everything that can be separated from the things without
the deterioration of its essence.
§ 999
Or an honest holder cannot claim to have been replaced by price
by thing convert.
section 1000
The holder shall issue any dishonest benefit, which acquired the tenancy, and replaces
one that would have won the short person, as well as all the damage that
the result of his tenure.
§ 1001
Making a dishonest holder costs, which was needed for the
the conservation of the nature of things, he belongs to their recovery. As regards the other
costs shall apply mutatis mutandis the provisions of nepřikázaném of the company.
section 1002
Holdings of other rights
For holders of other rights apply, mutatis mutandis, to section 996 to 1001.
Protection of possession
Section 1003
No one is entitled to possession of svémocně. Who was held by disturbed, may
claim to rušitel interference and everything stated in the previous state.
§ 1004
(1) if the holder of the execution of a project at risk held by real things or
If it is reasonable to fear consequences for referred to in section 1013 and
locks to the client the right way against him, may be affected
the holder of the claim to the prohibition of the execution of the project. The prohibition on the holder of the claim
If not, in the administrative procedure, of which he was a participant in, involving
their objections to applications for authorisation of such construction, though he could do so.
(2) until it is decided on the matter, the Court may prohibit the
the construction carried out. However, if there is a direct danger, or if the defendant
reasonable assurance that the thing shall indicate the previous state and replace the damage, but
the plaintiff's security consequences of the prohibition, the Court does not disable to
so far in the implementation of construction continued, unless the ban is warranted by the circumstances
case.
section 1005
For the case of removal of construction applies, mutatis mutandis, to section 1004.
Preservation of the tenure
section 1006
The holder may resist interference and svémocnému things, which have been withdrawn,
When rušebním the Act again, if it does not exceed the limits necessary to
Defense.
section 1007
(1) if the holder of the holding's, may seek to vypuditeli
checked another ouster and restored to their original state. Against the application of the
the protection of tenure, you can argue that the plaintiff was awarded against the defendant
wrong holding or holding him out.
(2) the ouster of tenure rights occurs if the other party refuses to perform, what
not yet fulfilled when someone prevents the exercise of the rights, or no longer oblivious
the obligation to refrain from any venue.
§ 1008
Prescription periods
(1) the Court shall reject the action for protection or for keeping possession, if the
the action is brought after a period of six weeks from the day on which the applicant learned of the
about their right and the person who threatens or revoke the tenancy, but within
one year from the date on which the applicant could have their right to apply for the first time.
(2) the opposition oust the business Court shall, if the defendant
apply after the expiry of the time limits laid down in paragraph 1.
section 1009
The demise of repossession
(1) Tenure expires, the holder, or permanently lose the ability
to carry out the contents of the law, which has not yet performed. The holding also ceases to exist,
If the holder of the evicted from it and it's not retained by the client or application.
(2) where the holder does not, does not terminate the tenancy by tenure. Even the death of the holder of the
or does its demise the demise of tenure.
section 1010
Spoludržba
Spoludržba shall be governed by the provisions on the possession, mutatis mutandis and on common
rights.
Part 3
The ownership of the
Section 1
Nature of ownership and its scope
The subject matter and content ownership
section 1011
Everything belongs to someone, all of its tangible and intangible things, is his
the property.
section 1012
The owner has the right to their property, within the limits of the Law arbitrarily
dispose of this and other persons. The owner is prohibited over peace
reasonable conditions seriously interfere with the rights of other persons, as well as exercise
such acts whose main purpose is to harass another person or
damage.
Restriction of ownership rights
section 1013
(1) the owner shall refrain from all acts that waste, water, smoke, dust,
gas, smell, light, shadow, noise, vibrations and other similar effects (ambient air)
trespassing on the land of another owner (neighbour) to an extent disproportionate to the
local conditions and substantially restrict the usual use of the land; This also applies
on the entry of animals. It shall be prohibited to bring itself to the ambient air land of another
owner, regardless of the degree of such effects and to the level of harassment
a neighbor unless it relies on specific legal reason.
(2) if the result of operation ambient air race or a similar device,
which has been officially approved, has the right to compensation for a neighbor of injury in
money, even when the injury has been caused by circumstances, to which, when the official
hearing no notice was taken. This does not apply if, during the implementation of the operation
exceeds the extent to which it has been officially approved.
§ 1014
(1) where, on the grounds of foreign movable object, it shall issue to the owner of the land
without undue delay to its owner, or anyone who had it for
themselves; otherwise, to allow it to enter on your land and you search for and
take away. Likewise, the owner can pursue trespassing animal reared
or a swarm of bees; However, if the flies swarm of bees in the hive, becomes the foreign-occupied
the owner of the right of ownership to the swarms the hive, without reimbursement.
(2) If a thing, an animal, a swarm of bees or the exercise of the rights referred to in paragraph 1
on the grounds of damage, the owner of the land right on her compensation.
§ 1015
Caused if the movable object on a foreign land, it can damage the owner
the land, until it receives another guarantee or compensation.
§ 1016
(1) the fruits of the shooting of the trees and shrubs on the neighbouring plot of land belongs
the owner of the neighboring land. This does not apply, if the neighbouring plot of land
a public good.
(2) if the owner fails to do this within a reasonable time after a neighbor
He asked, can the neighbor manner and at the appropriate time of the year to remove
the roots or branches of the tree on his land, if it
damage or other difficulties in excess of the interest in preserving the pristine
the tree. To him also belongs the deleted from the roots and branches.
(3) the part of the other plant on a neighboring plot of land can the neighbor
delete gently, without further restrictions.
section 1017
(1) if the owner of the land for this reason, it may require that the
neighbor delayed planting trees close to the common borders of the land,
and if it is dropped or if the increase is to be removed.
Unless otherwise provided in other legislation or imply from the local customs
something else applies to trees growing to a height of more than 3 m typically
as the distance from the common land border 3 m and other
trees of 1.5 m.
(2) the provisions of paragraph 1 shall not apply, if the neighbouring plot of les
or, if the trees rozhradu or if it is a tree, especially
protected by other legislation.
section 1018
The plot may not be modified, so that adjacent land lost due
support, unless other adequate fastening is carried out.
section 1019
(1) the owner of the land has the right to require that the neighbor edited by construction on the
the adjacent land to the construction of nestékala water or snow incline
or the ice on his land. If, however, it trickles down to the land of the natural way
from the elevated land water, especially if there's a rises, or as a result of
the rains or thaw, a neighbor cannot require that the owner of this land
your parcel.
(2) if the land required for the below the highest inflow of water, the neighbor on the
the owner of the elevated land require that the water outlet in
the extent to which the water itself.
section 1020
If the owner of the land for this reason, it may require that the
the neighbor stayed on the adjacent plot of land, the establishment of the construction in the immediate vicinity
the common land border.
section 1021
The owner lets the neighbor's entry on his plot of land at the time, scope and
in a way, that are necessary for the maintenance of the adjacent land or to
farming on it, if you cannot achieve this purpose otherwise; a neighbor, however,
replaces the owner of land damage caused.
§ 1022
(1) if the construction of the building or demolish, or cannot be repaired
or restore otherwise than by using the adjacent plot of land, the owner has the right after
neighbor should make for reasonable compensation for suffered these
work needed.
(2) applications cannot be accepted if the neighbor's greater interest in the undisturbed
use of the land interest to the completion of the work.
section 1023
(1) the owner of the land must endure the use of space above the land or under the
land, if it is for an important reason, and going on to it in such a way,
that the owner cannot have a reasonable reason to resist.
(2) such use of foreign space, no one can derive the right,
which could be relied on by anyone after the apostasy a reason to use
qualifying; However, if as a result of this use was officially
an approved device, the owner can ask for compensation.
Rozhrady
§ 1024
(1) it shall be deemed that the fences, walls, ditches and other similar natural
or artificial rozhrady between adjacent land are common.
(2) a common wall can each be used on their side until the middle of the
the thickness and set up in her niches, where on the other hand are not. Must not
However, to do anything that will jeopardize what the neighbor's wall or in the way in the use of his
part.
section 1025
Where are the rozhrady double or where ownership is divided, it keeps
each of its cargo, what is his.
section 1026
The owner is not obligated to rebuild the rozpadlou wall, fence or restore
Another rozhradu, must, however, maintain in good state, threatening to
as a result of damage to a neighbour's shame. However, if such
rozhrady violation, that there is a risk that the boundary between the land becomes
noticeable, everyone has the right to request correction or neighbor restore
rozhrady.
§ 1027
On a proposal from a neighbor, and after finding out the opinion of the Building Authority, the Court may
Save the owner of a plot of land, the obligation to fence if necessary
to ensure undisturbed performance of a neighbor's ownership rights and shall not prevent the
This efficient use of other land.
§ 1028
If the boundary between the lands of unnoticeable or doubtful, each neighbor
the right to request that the court determine under the last peaceful tenure.
If you cannot find it, the Court shall determine the border under good discretion.
The necessary drive
§ 1029
(1) the owner of the immovable things, which cannot be properly manage or otherwise
properly used, therefore, that it is not sufficiently linked to the public way, can
ask a neighbor to him for compensation has enabled the necessary path through your
a plot of land.
(2) the Court may allow the necessary path in the range that corresponds to the need to
the owner of the immovable things properly to use it with the costs the least, and even
as servitude. At the same time care should be taken that the neighbor was the establishment or
the use of the necessary path in the least bothered and its least plot
hit. It must be especially considered, to allow the establishment of a
the new path.
§ 1030
(1) For the necessary path belongs to the remuneration and the atonement of the injury, if not already covered by
payment. Enables to spoluužívání foreign private travel, includes the remuneration and
increased costs for its maintenance.
(2) the owner of the immovable things, in whose favour the necessary path
enabled, will provide adequate security for any damage caused by
the land concerned; This shall not apply if it is obvious that the apparent damage to the
the plot does not arise.
(3) the transactions referred to in paragraphs 1 and 2 belong primarily to the owner of the land
of enabling the necessary paths, however, be without prejudice to whether or not
a right in rem the next person to the land, provide these transactions in
a reasonable range. The other person was the real stuff
set up another law, belongs to the compensation for the injury suffered against the owner of the
the land concerned; This must be taken into account in the determination of remuneration
in accordance with paragraph 1.
§ 1031
If it was allowed to set up on the land as a necessary path
artificial, shall establish and maintain the, in whose favour it was enabled.
§ 1032
(1) the Court shall not allow the necessary path,
and if the damage exceeds) on the real stuff a neighbor apparently advantage necessary
the path,
(b) if) caused the lack of access of the gross negligence or intentionally
the one who asks about the necessary path, or
(c) if requested) the necessary path just for the purpose of convenient connections.
(2) you cannot enable the necessary path through space exclusively for this purpose,
to foreign persons do not have access, or over the land, where the public
interest in preventing such a trip set up.
section 1033
(1) if the culture surrounding the thing without access several adjacent parcels,
enables the necessary path through one of them. While considering, through
that land is the most natural approach for contemporary considerations to
in the circumstances provided for in § 1029, paragraph. 2.
(2) if the real thing combined with a public way because the land
was divided, you can apply the necessary path just after the person who is the
the Division participated in. In this case, the necessary path enables without remuneration.
§ 1034
At the conclusion of the reasons for which it has been granted the necessary path, without having to
the legitimate side of some other cause for maintaining the necessary paths, the Court
on a proposal from the owner of the land the necessary path.
section 1035
(1) when the demise of the rights path with the remuneration does not return, security
However, the tackles.
(2) where the remuneration for a necessary path due in installments or in
recurring batches, extinguishes the obligation to pay or benefits,
When the demise of the law the necessary paths are not payable.
§ 1036
When you need to establish the necessary path as the owner of the artificial can
the land require the applicant to his ownership took over land
required for the necessary path. If the price lays down not only with regard to the
the price passed the land, but also with regard to the write-down of the remaining
immovable property of the owner.
The expropriation and restrictions of ownership rights
§ 1037
In an emergency, or in an emergency, the public interest may be a necessary period of time and
to the extent necessary to use the vlastníkovu thing, if the purpose cannot be achieved
otherwise.
section 1038
In the public interest, which cannot be met otherwise, and only on the basis of the law
You can limit the right of ownership or the thing to expropriate.
section 1039
(1) for the restriction of ownership or the expropriation of things belong
the owner of the full reimbursement of the corresponding extent, in what was his property
These measures affected.
(2) Compensation shall be granted in cash. But it can also provide other
in a way, if it's the parties ujednají.
Protection of ownership
§ 1040
(1) Whoever wrongfully detains a thing, may be sued by the owner, to make it
It has issued.
(2) issue cannot sue the person who thing their on behalf of the transferee
It was verified that, without its owner, and then to her right of ownership
acquired; the acquisition of ownership to the purchaser becomes zcizitelem
the owner of the things.
§ 1041
(1) Who seeks to give him the case was issued, it shall describe such
the characters, which recognizes from the other things of the same kind.
(2) the issue of movable assets, which cannot be identified by paragraph 1, in particular
If this is about money or securities to bearer mixed with other
things of the same kind, you can sue, just you can discern from the circumstances
the property right person, the right to apply, and the lack of good faith
the person to which it is required to release stuff.
§ 1042
The owner can claim protection against anyone who was unjustly in his
ownership extends or is cancelled otherwise than by him
restrains.
The alleged protection of ownership rights
§ 1043
(1) the person who has acquired possession of the ownership right, duly and right
in a way, seen as the owner against him holding his or
otherwise, without a legal reason to do so, or if it has the legal
reason as strong or weak.
(2) if someone Took repossession of ownership free of charge and another for the
payment shall be deemed free of acquisition for the weaker legal reason.
section 1044
If someone has a thing for themselves, without the presumption according to § 1043 suggests, may
exercise the right belonging to the owner to protect his own name.
Section 2
Acquisition of ownership
Subsection 1
Appropriating and find
Appropriation of
§ 1045
(1) the thing that does not belong to anyone, everyone can steal, unless
This law or the law of another on the appropriation of things. Movable thing
the owner of the left, because it does not want to keep, as it does not belong.
(2) an abandoned immovable thing falls into the ownership of the State.
section 1046
(1) a wild animal is without the Lord, until he lives in freedom.
(2) the captured animal becomes the animal without the Lord, once the freedom and
its owner is promptly and consistently cannot or does not search in an attempt to
capture them again. However, such an animal the animal without the Lord does not happen, if
marked in such a way that its owner to find out.
section 1047
(1) the owner of the Tamed beast that cannot and will not in itself to
the owner does not return within a reasonable time, although no one shall prevent him,
becoming an animal without the Lord and may steal them on private land
its owner, the farm then anyone. , The appropriate
time to return the animal to the owner of the period of six weeks.
(2) paragraph 1 shall not apply if the animal is marked in such a way that the
You can find his owner.
§ 1048
Domestic animal shall be deemed abandoned if it is obvious in the circumstances
vlastníkův intention to get rid of the animal, or is excluded. This is also true of the animal
in pet birds.
§ 1049
An animal kept in the Zoo and the fish in the pond or similar
the device, which is not a public good, without the Lord.
section 1050
(1) if the owner does not exercise the right of ownership to movable things after a period of three
years, it is considered, that left her. If the movable thing that for
the owner had apparently little value left on the spot
accessible to the public, shall be deemed abandoned without further.
(2) if the owner does not exercise the right of ownership to immovable things for
ten years, it is considered, that left her.
Find
section 1051
It is considered that everyone wants to keep their property and that the found thing
It is not abandoned. Who finds a thing, it must not be considered without further
abandoned and take ownership of it.
§ 1052
(1) the lost thing Finder returns to the one who lost it, or the owner of the
against payment of the necessary expenses and nálezného.
(2) if the circumstances to know, who is to be returned, and the thing
If a thing is not considered abandoned, the Finder shall notify, without undue
delay the discovery of the village, on whose territory was found, usually within three
days; However, if the case is found in a public building or public
means of transport, the Finder find these operators
the device, which is preserved under other legislation, and if it is not
them progresses, as if he was the Finder.
§ 1053
(1) the municipality shall announce the find in the usual way. Log on to the appropriate
the time the one who lost the case, and if the matter has considerable value, the municipality
appropriate measures to find fit in wider acquaintance.
(2) where the owner of the village itself, in particular from the characteristic markings
things, shall find and invite him to take the thing took over.
§ 1054
(1) the municipality decides how the matter will be found. Agrees with the
the Finder or any other person and, if appropriate, the municipality may decide that the thing
It will be held for this person. Things of considerable value, particularly for the money
the higher the amount, the municipality shall surrender to the custody of the Court rule or is saved
other appropriate manner.
(2) the thing that can't be stored without noticeable damage or that can be
keep only with nepoměrnými costs, the municipality will sell at public auction, and with
the proceeds shall be disposed of in accordance with paragraph 1; However, before subtracting the cost of their own
the current administration of things. With the NFR things village loaded any
manner; This does not apply, if it is a thing which you cannot have doubt about its
uniqueness and value.
section 1055
The thing or proceeds for her hips, a village including the issue of fruit and benefits and after
deduction of costs and nálezného, who lost, or owner,
If the logs within one year from the publication of the award.
section 1056
(1) the Nálezné belongs to the Finder, even if you can get to know the owner apparently from
sign on things, or from other circumstances.
(2) Nálezné is a tenth of the price of the award. If, however, the value of the lost thing
only for the one who lost it, or for its owner, belongs to the Finder
nálezné by good discretion.
section 1057
(1) If no one Logs on the matter within one year from the publication of the award,
can the Finder, a municipality or any other person that the case has been entrusted, to dispose of the
things like honest holder. However, if the award is in the money, they may
These people just enjoy; This is true even of the proceeds as a matter of strženém.
(2) logs on to the one who lost the thing, or its owner after the expiration of
the period of one year from the publication of the award and before the expiry of three years from the
the announcement of the award, shall issue to him a thing or proceeds for her hips after
payment of costs and nálezného.
(3) shall expire three years from the publication of the award, takes the Finder, the municipality or
the other person that the case was entrusted to the right of ownership or to the
the proceeds for her strženému.
section 1058
(1) if it is found the animal in which it is clear that should the owner shall notify the
Finder find a village without undue delay, if from the circumstances to know
who is to be returned.
(2) the person who found the animal houses, taking care of them as a proper
Treasurer, until it first owner.
§ 1059
(1) if it is found the animal apparently intended for zájmovému and breeding
log on to them no one within two months from the publication of the award, takes
to him the ownership right of the Finder.
(2) if the Finder shall declare the village that wants to acquire, and entrusts the municipality
animal irrevocably to a person who operates a shelter for the animals, the
This person will freely dispose of the animal, if no one of them logs
within four months from the date on which the animal was entrusted to her. If the find
declared to the handover of the animal, the period shall run from the publication of the award.
section 1060
If the Finder shall declare the village that found the thing, he doesn't want to take his passes
the right thing, or the proceeds for her hips to enjoy and take on the community, on the
the territory has been found. The acquisition of the ownership of the village obligation arises
pay finders nálezné.
section 1061
Finder, find it's not notified, and presented or otherwise violate their
the duties, remuneration and do not belong to nálezné, can't even find or use the
to acquire the right of ownership to it in accordance with the provisions of this law on the award.
This is without prejudice to the obligation to compensate for damage.
§ 1062
If a few people at the same time, they are entitled to and are committed
jointly and severally liable. Spolunálezcem is also the one who saw and tried to
to rearm, though she previously took hold of someone else.
Find hidden things
§ 1063
About finding things buried or otherwise hidden, bricked up the same is true, what about
finding lost things. Finders, however, do not belong to nálezné, if the owner of
hiding things.
§ 1064
(1) if it is not clear to whom the hidden thing belongs shall advise the Finder of its finding
the owner of the land and the municipality in whose territory it was found; § 1062 applies
Similarly.
(2) if the thing's not hidden under other legislation in the
the ownership of the State, County, or municipality, the owner of the Finder's ujedná
land, who's leaving and pays the other half price
things. If you do not agree, belongs to the owner of the land and the case Finder
will pay half of the price.
§ 1065
The person zjednaná to find the lost or hidden things is not the Finder and
It belongs to her just reward for the finding, was agreed to.
Subsection 2
Natural increase
The increment of real things
§ 1066
The fruits of that land issues by itself, without obděláván,
the owner of the land. The same applies by analogy to the natural fruit of other
immovable property.
section 1067
It belongs to the tree, from whose land the tribe grows. Growing up-if the strain on
the border of the land of different owners, the tree is common.
Alluvium and Ravi
section 1068
Soil naplavená poznenáhla on the shore belongs to the owner of the coastal
of the land. This is true even of increments resulting from wind or other
natural forces.
section 1069
Large and identifiable part of the plot, that water flow washed away to another
the Bank becomes part of the coastal land, if the original owner to the
odplavenému land shall not exercise its right for a period of one year.
section 1070
(1) if the water flow will separate from the land as part of the island, is the owner of the
the original land owner of the island.
(2) in other cases, the island belongs to the owner of the water trough.
of section 1071
Water trough the ravines or incurred as a result of the island becomes a
the property of the owner of the original riverbed.
§ 1072
The increment of movables
The natural increment of movable property belongs to its owner.
section 1073
(1) Fruit, which releases the animal, the owner of the animal belongs.
(2) for the fertilization of the animal may be claimed the reward, only if it has been agreed.
Subsection 3
Artificial addition
Processing
section 1074
(1) new thing resulting from the processing of movables of several owners,
that the processed stuff cannot be brought into the previous state of either at all, or only
with considerable loads or substantial loss, as the owner belongs to
who contributed most of the work or the value of the result.
(2) the owner of the new things to pay, who ceased to be a property right,
the value of the processed stuff and who participated in the work on the outcome,
the reward for the work.
section 1075
(1) the owner of the things that the processor has not processed in a new thing in good
faith leaves at will, whether you own a new thing and replaces the
Second, he ceased to be, or whether the case for compensation.
(2) the right to choose a more favourable solution expires if it is not enforced in the
one month from the day on which the owner of the processing of the things learned.
section 1076
(1) If you cannot identify a single owner for the new stuff, the thing belongs to
joint ownership of the owners of the processed goods. The shares shall be determined according to the
values of processed goods; If this is not possible, their shares are the same.
(2) the Co-owners jointly and severally liable to pay remuneration for work,
who handled the case.
section 1077
If a foreign thing just to fix other things fall to the owner
corrected things, and the owner will replace the processed stuff value
used foreign things.
Mixing
section 1078
(1) the Mix if movables of several owners so that the recovery
the previous state is not possible, but all can be used without violating the essence of
divide into parts, leaving everyone at will, whether to separate the relative
part of what was created by mixing, or whether it will require the replacement of
What has ceased. If the person who things mingled, in good faith, the owner of the
the right to leave him his share of the mixed things for a full refund.
(2) the provisions of § 1075 paragraph. 2 shall apply mutatis mutandis.
section 1079
When mixing of movable assets of the same type, in particular if it
their custody, section 1078 shall not apply; the owners of on top of things
passes ownership of the aliquot part on top of things.
section 1080
Who participated in the mixing of Foreign Affairs and was not in good faith, it replaces the
the owners concerned also lost profit; However, the only real damage shall be borne by the
about the extent to which the owners did not get the refund referred to in the previous
the provisions.
§ 1081
Of those who participated in the merger case, has a thing for each other, although
It has issued, is not obliged to do so, until the owner fails to pay the
replacement.
section 1082
Common provisions
Who is obliged to provide compensation for the processing or mixing other
the person does not have the obligation to carry out more than what would be required to perform when
bezdůvodném enrichment.
The construction of the
§ 1083
(1) if someone Used a foreign thing for construction on his land, it becomes a building
part of the land. The owner of the land plot owner replaces her stuff used
the value of the.
(2) who has not been in use for the construction of foreign things in good faith, it replaces the
the owner of the used stuff also loss of profit; However, the only real damage shall be borne by the
about the extent to which the owner has not reached the refund referred to in paragraph 1.
section 1084
(1) Construction, established on the land plot owner foreign sounds.
(2) the owner of the land the person who replaces the set up on a foreign land
the construction, in good faith, efficiently incurred costs. The person, who in good
faith, has the same rights and obligations as nepřikázaný agent.
section 1085
The Court may decide, on a proposal by the owner of the land, that the one who has set up a
construction on the foreign land, though it does not have the right, must own
the construction of the delete and give the land to the previous state. The Court of
take into account whether the establishment of construction occurred in good faith.
section 1086
(1) the person who in good faith has set up on the foreign land construction, has the right to sue
After the owner of the land, on the establishment of structures and without
undue delay, it did give him a plot of land transferred for normal
the price. Also the owner of the land has the right to require, after the founders building
that land bought for the usual price.
(2) the Court on the proposal of one of the parties specifically, land ownership
the founder of the building and decide on its obligation to pay the owner of the
land compensation.
section 1087
Přestavek
(1) if the permanent construction Extends established on land owned only a small
parts on a small part of a foreign plot, becomes part of the plot developed
přestavkem property of the founder of the construction; This does not apply, nor to
the founder of the building in good faith.
(2) who built, in good faith, the owner of the land, which replaces the part was
installed přestavkem, the usual price of the acquired land.
Subsection 4
Mixed addition
section 1088
(1) when sowing seed or planting land foreign to foreign plants
belongs to the owner of the land, what follows will be added; plants, however, belongs to
After the entrenched.
(2) on compensation for seeds and plants section 1083 and 1084 applies mutatis mutandis.
Subsection 5
Prescription
Proper prescription
section 1089
(1) where the holder of the right of ownership over a fair amount of time, the last is
and takes ownership of the thing.
(2) does not prevent an honest Dishonesty predecessor successors began to
prescription the day took possession.
section 1090
(1) a prescription requires possession and authenticity to the holding was based on the
the legal reason that would account for the creation of ownership, if
by the transferor, or if it was set up by an authorized person.
(2) if the testator has acquired possession of the wrong, cannot withstand the right of ownership
his heir, even though he held fairly. This applies mutatis mutandis for
General legal successor of a legal person.
§ 1091
(1) the prescription of ownership of movables required an uninterrupted
occupation lasting three years.
(2) the prescription of ownership to immovable things is necessary
uninterrupted tenure lasting ten years.
section 1092
The limitation period shall be counted in favor of vydržitele and time of sound and
fair tenure of his predecessor.
section 1093
Holdings shall be interrupted, if the holder has not exercised during the limitation period
more than one year.
§ 1094
Requires that the person had a legal representative or guardian,
do the prescription period for the right to run against her until the day when
legal representative or guardian. Has already begun running on time,
but the ending no earlier than one year after the time limit has ceased.
§ 1095
Emergency prescription
If a period twice as long than would otherwise be required,
last holder of the title, even if proven legal reason on
which his tenure based. This does not apply if he proves dishonest
intention.
§ 1096
Counting of the limitation period
(1) if someone honestly Took possession from the fair of the holder, whose tenure with the
based on the legal grounds that would account for the creation of ownership
rights (§ 1090 (1)), he counted the prescription period of his predecessor.
(2) When an extraordinary prescription the prescription period shall be the successors of the fair
predecessor without further.
section 1097
A ban on prescription
The ownership right cannot withstand a legal representative against represented,
or represented by his legal representatives. This applies mutatis mutandis for
guardian and opatrovance and for the guardian and poručence.
section 1098
The cessation of the limitation period
Between the spouses nepočne the prescription period run run until marriage
It takes. This applies mutatis mutandis for persons living in a common household,
the legal representative and the represented, the guardian and opatrovance for
guardian and poručence.
Subsection 6
The transfer of ownership
section 1099
Ownership of the things specified individually is transferred by
at the time of the Treaty of its effectiveness, unless otherwise agreed or
provided for by law.
section 1100
(1) if the party gradually converts the concluded agreements to different people
ownership of things a non-public list,
the property right person that the transferor has delivered first thing. If it is not
No one takes ownership of the person with whom it was concluded
the Treaty, which took effect as the first.
(2) If a party transfers the ownership of the things written in the public
a list of several persons, becomes the owner of a person who is in
good faith and whose ownership has been in the public list of registered
as the first, even in the case that the right was founded later.
The transfer of ownership of movables
§ 1101
Ownership of movables specified by type, first
the moment when you can determine the sufficient thing from other things of the same modulation
of the species.
section 1102
Converts to title to movables entered in the public
the list shall take the thing into the possession of writing to such a list,
unless another law provides otherwise.
section 1103
(1) the ownership of the bearer securities are transferred by the Treaty
at the time of his surrender.
(2) the ownership of the securities is transferred by endorsement on the series and
the contract at the time of his surrender. The terms rubopisu and his
the adoption, as well as about who is entitled to and from rubopisu as this permission
shows, the provisions of the law relating to bills of Exchange;
the transferor of the securities, however, guarantees the satisfaction of the rights of security,
only if to do so separately.
(3) the ownership of the securities in the name is transferred by
at the time of the Treaty of its effectiveness.
section 1104
(1) the right of ownership to the booking, registration of securities
zaknihovaného securities on the account of the owner.
(2) write to zaknihovaný paper on account of customers,
the right of ownership to it by writing to the customer account.
(3) On the acquisition of ownership rights to securities imobilizovanému
under section 2413 of paragraph 1. 1 shall apply mutatis mutandis to the provisions on the acquisition of
ownership to the book-entry securities.
section 1105
The transfer of ownership to the real things
Converts to the ownership right to the immovable things recorded in a public
the list shall take the thing into the possession of writing to such a list.
Common provisions on the transfer of ownership
§ 1106
Who takes ownership, becomes also the rights and obligations with the things
associated.
section 1107
(1) Whoever takes ownership, incorporated the drains on things also faults,
that are included in the public list; other defects be incorporated, if and
He is from the circumstances to find out or if it was agreed, or
When provided for in the law.
(2) glitches, that changed.
section 1108
The provisions of section 1106 and 1107 apply mutatis mutandis also in the acquisition of the ownership
the law otherwise than by transfer.
Subsection 7
Acquisition of ownership from unauthorized
§ 1109
The owner of the thing becomes the one who won the thing, which is not registered in the
the public list, and was given to all the circumstances, in good faith, in the
the permission of the other party the right to transfer ownership on the basis of sound
the title, if the acquisition occurred
a) at a public auction,
(b)), from entrepreneurs in its business in the ordinary course of
business contact,
(c)) for consideration from someone to whom the owner of the thing,
(d)), from the irregular heir, which was the acquisition of heritage confirmed
(e)) with a valuable investment tool, paper or Charter
issued to bearer, or
(f)) to trade on the commodity exchange.
section 1110
If someone in good faith for valuable consideration used item of movable thing from
the entrepreneur, who in his business in the ordinary course of
trade traffics such things, it shall issue to the owner of that
It proves that the loss or that the matter has ceased to be the case was withdrawn, and that svémocně
from loss or deprivation of things have passed no more than three years.
§ 1111
If anyone has acquired item of movable thing in circumstances other than those prescribed in §
1109 or 1110, becomes the owner of the things, if you can prove the good faith in the
the transferor to transfer the ownership right to the point. This does not apply, if the
the owner establishes that the loss or offence ceased to be the thing of the nature of intentional
of the offence.
§ 1112
Of ownership or the good faith of his predecessor could not to his
the benefit of the call the one who won the item of movable thing knowing that the title
the right has been acquired by an unauthorized.
section 1113
The provisions of section 1110 1112 up shall not apply if the investment
the tool, a valuable paper or instrument issued by the bearer or about things
acquired in a public auction in the auction when the enforcement of a decision or
execution sale of chattels or things acquired in trade
on the commodity exchange.
Subsection 8
Acquisition of ownership by a decision of the public authority
§ 1114
By decision of a court or other public authority with ownership rights
shall take on the day which it is intended. If there is no such day in the decision
designed, with ownership on the date of the decision.
Part 4
Joint ownership
Section 1
General provisions
section 1115
(1) persons to whom belongs the ownership right to the things together, are
the co-owners.
(2) the provisions on joint ownership shall apply mutatis mutandis to
the community of other rights in rem.
§ 1116
Due to the matter as a whole, are co-owners of the considered one person
and treat things as a single person.
§ 1117
Each co-owner has the right to the whole thing. This right is limited by the same
the law of each of the other co-owner.
section 1118
Spoluvlastníku belongs to Bill, as was the common things,
the proportion of the fruits and benefits of common things.
section 1119
The Bill can claim after the expiry of the period of the usual nature of management
common things, when the demise of the co-ownership or the demise of the participation in
him, or of other important reasons.
section 1120
(1) the fruits and benefits of common things are divided in proportion to the shares.
(2) how to dispose with the fruits and benefits of common things that cannot be
split the shares shall be determined by agreement the joint owners. Unless the
co-owners, they sell the fruits and benefits in an appropriate manner and yield
shall be allocated according to the shares.
Section 2
A co-ownership share
§ 1121
Each of the joint owners is the owner of his share.
section 1122
(1) the share reflects the degree of participation of each co-owner on the creation
the common will and on the rights and obligations arising from the
joint ownership of things.
(2) the size of the share resulting from the legal facts on which it is based
the co-ownership or joint participation in joint ownership. It
spoluvlastníkům does not prevent to the size of the shares it otherwise; such
arrangements must comply with the conditions laid down for the transfer of the share.
(3) it shall be deemed that the shares are the same.
section 1123
Joint owner may dispose of its share according to their will. Such
the management, however, must not be prejudicial to the rights of other owners without the
considerations to what result.
§ 1124
(1) if the co-ownership based acquisition for the case of death or
other legal facts so that the co-owners were unable to their rights and
the obligations from the early influence, and converts any of the joint owners
its market share, the other co-owners to share for six months
from the date of inception of the co-ownership of a pre-emptive right, unless the joint owner
the proportion of converts to another spoluvlastníku or their spouses, siblings, or
a relative in the ascending line. Neujednají-the co-owners as an option
the right to be carried out shall have the right to redeem a share in proportion to the size of the
of the shares.
(2) the pre-emptive right to joint ownership and in the event that any of the
the joint owners share free of charge transferred; When the co-owners are
the right to share to redeem for the usual price. This also applies in other cases
the legal right of pre-emption.
§ 1125
(1) Was a joint ownership to agricultural plant acquisition for
the case of the death or other legal facts so that the co-owners
they couldn't have their rights and obligations from the early influence, and converts the
one of the joint owners their share, the other co-owners to
the share of pre-emptive right; pre-emptive right shall apply to the share of the inheritance.
Neujednají-the co-owners or spoludědicové, as the pre-emptive right
enforced, have the right to redeem a share in proportion to the size of the shares.
(2) if the venturer person, which would have been his
the heir under the provisions of the legal heirs of the sequence, or other
spoluvlastníku, paragraph 1 shall not apply. This is true even if the
co-owner of pre-emption in written form.
Section 3
Management of common things
§ 1126
(1) Each of the joint owners is entitled to participate in the management of the common
things.
(2) when deciding on the common things are joint owners votes counted
According to the size of their holdings.
Section 1127
From the legal acts concerning the common things are all
co-owners are entitled and obliged to jointly and severally.
section 1128
(1) the common management of common things are decided by a majority of co-owners
votes.
(2) decision has legal effects for all co-owners only
If they were all informed about the need to decide, unless the
It was a matter that required to act immediately. Joint owner
opominutý when deciding on emergency matters may propose
the Court to determine that the decision on urgent matters not to him
legal effects, if you cannot reasonably be required of him, that is.
(3) if the proposal referred to in paragraph 2 lodged within thirty days of the receipt of the
the decision, the right to bring it to lapse; If a joint owner on the management
notified, the period runs from the date when the decision of the learned or
Learn could.
§ 1129
(1) the decision on major issues concerning the common things
in particular, the substantial improvement of its deterioration or change its purpose
or its processing, it should be at least a two-thirds majority of the votes
the joint owners. Does not reach this majority, decides on a proposal from
a co-owner of the Court.
(2) a joint owner outvoted when making a decision pursuant to paragraph 1 may
to propose to the Court; in the framework of this can also
to propose to the Court to temporarily prohibit the Act referred to in the contested decision.
The provisions of section 1128 paragraph. 3 shall apply mutatis mutandis.
section 1130
Outvoted, whom the decision threatens "severe injury
in particular, disproportionate restrictions in the use of the common things or the creation of
the obligations of the apparently disproportionate to the value of his share, the Court
propose that this decision set aside. The provisions of section 1128 paragraph. 3 apply
Similarly.
§ 1131
If the majority of the joint owners of the measures required for the conservation
or improving the common things and it undertakes to respect přehlasovanému
spoluvlastníku, that it does not require that the cost
He was involved in, or that he will replace all the injury caused by the measures adopted
and provide reasonable assurance, not outvoted "right
under section 1130.
§ 1132
The decision, on the basis of common cause should be loaded or
the load lifted, and to the decision, according to which the rights are to be
the joint owners shall be limited to a period of more than ten years, it is necessary to consent
of all the joint owners.
section 1133
To the creation of a lien or other similar security for
securing monetary claims arising from the improvement of common things or
While her restoring at least a two-thirds majority decision is sufficient
the joint owners.
The administrator of the common things
section 1134
On the choice and the appeal, the administrator shall decide as well as joint owners
matters of day-to-day administration.
§ 1135
The administrator has the legal status of the příkazníka. Must spoluvlastníkům management
charge; He belongs to the reimbursement of the costs incurred, which efficiently's
can choose from revenue managed things.
section 1136
Co-owner, which made for a common thing in the interest of the
the other joint owners without their notice and consent
request
and the proportion of compensation) the extent the appreciation of things, this is a
the cargo, which was for the benefit of spoluvlastníkům,
(b) compensation for necessary expenses), if the cargo had to be
spend to save things.
section 1137
Entrust to manage several persons make decisions by majority vote; each of the
has one vote.
section 1138
If the parties agree, the co-owners of the immovable things about her manage differently
the agreement requires the form of a public instrument. Agreement for inclusion in the collections
documents by the authority for which is immovable thing written in the public list.
§ 1139
Judicial editing ratios, the joint owners
(1) if any of the joint owners of the Court, to decide that the
the decision of the majority of the joint owners has no legal effect to it, in order to
such a decision is set aside, or is replaced by its decision, arranges
Court legal owners according to the ratios of polite consideration. The Court may
in particular, to decide whether to change take place without reservations, with the reservations
or against collateral, or whether they take place at all.
(2) in the manner referred to in paragraph 1, the Court also seeks to
with his decision, one of the joint owners, therefore, that the
deciding on common things have not reached the necessary majority.
Section 4
Department of common ownership and the abolition of joint ownership
§ 1140
(1) no one can be forced to remain in the co-ownership.
(2) Each of the joint owners may at any time request the Department of
joint ownership, if the subject of the co-ownership of a split, or
cancellation of co-ownership. Not so, but asking at the wrong time or just
to the detriment of any of the joint owners.
section 1141
(1) joint ownership shall be repealed by agreement of all the joint owners; the agreement
must include arrangements for how the settlement. If this is about
co-ownership of real things or the race, requires a written agreement
the form of the.
(2) the Co-owners settled by splitting the common things, its
the sale of free-hand or at a public auction with the distribution of the proceeds,
or by transfer of ownership of one or more spoluvlastníkům with
the payment of the other.
section 1142
(1) If this is a common thing, that has as a whole serve a
the purpose of its distribution is not possible.
(2) Agricultural land can be divided just so that the Division incurred
arable land efficiently both in terms of area, as well as to the possibility of
Permanent access. This does not apply if the land is to be divided in order to
establishment of construction or for the purpose for which the land can be
expropriate.
section 1143
Unless the co-owners about cancellation of co-ownership, shall decide on the
on the proposal of one of the co-owners. If the Court decides on the
cancellation of co-ownership, shall decide at the same time about how the settlement
the joint owners.
§ 1144
(1) if it is possible, the Court will decide on the distribution of common things; thing but
cannot split, reduced – if it would substantially its value.
(2) the distribution of things, however, does not prevent the inability to divide the thing for parts
the corresponding shares of the joint owners shall match exactly if the difference in
the money.
section 1145
When you cancel a joint ownership split of the common things the Court may establish
Ministry or other right in rem, if required by the proper use of newly
incurred by the things the former co-owner.
section 1146
The common Charter cannot be divided. Unless the co-owners, who
saves the common instrument is the oldest, saves the co-owner,
If it is not otherwise nothing on failure. The other co-owners shall receive the
the common load of officially certified copies or copies.
§ 1147
If the distribution of the common things possible, he orders her to court
adequate compensation of one or more spoluvlastníkům. He doesn't want a thing
None of the joint owners, the court orders the sale of the thing by public auction; in
where justified, the Court can decide that the thing will be just between dražena
the co-owners.
section 1148
(1) when the cancellation of the co-ownership deal each other's co-owners
receivables and debts related to the coownership or
common things.
(2) Each of the joint owners may request the payment of overdue receivables, as well as
(I) claims whose maturity occurs within one year after the effectiveness of the
the agreement on the cancellation of co-ownership, or after the initiation of proceedings for cancellation of the
the co-ownership.
(3) if the thing Sold, will pay the cost of the sale after tearing down all debts
According to the previous paragraphs before between co-owners
divide the proceeds.
section 1149
(1) the Former co-owners delivers one's of them
confirmation, how to cope, if agreement on the cancellation of co-ownership to the
movable do in written form.
(2) in the settlement of joint ownership to immovable things written in
public list of new property rights by writing to this
the public list.
Protection of third persons in the distribution of common things
section 1150
The Division of the common thing is not to the detriment of a person who has a right in rem to
common things.
§ 1151
When the distribution of the reigning things takes an easement for all parts
as a general rule, however, must not continue to be extended, or become more difficult.
Benefits-if an easement only certain parts eliminated due to works
the other.
§ 1152
Split-if the passion thing and affects the easement just one
Part shall cease at the works of others.
section 1153
(1) Provides the right of servility or of any other right to the fruits of load
or benefits can
and each of the parties), if a thing be divided, or prevailing
(b)), each of the persons, if heavy with divided thing, clogged up with suggest that
performance of modified Court.
(2) the Court shall adjust the execution with regard to the nature and purpose of the load, as well as
with regard to the economic particularities of the individual parts, so that the
the result of the match the principles of decency and order to load nezvětšilo.
The postponement of the abolition of the co-ownership
section 1154
(1) Ujednají if the co-owners, not to ask for the cancellation
joint ownership after a certain time, but not after a period of ten years,
cannot be excluded any other later arrangements. If the deferral
cancellation of co-ownership negotiated for more than ten years, the
for agreed to ten years. Postponement of the abolition of the joint ownership can make even
repeatedly.
(2) if the arrangement of grace cancel joint ownership to bind and legal
the successor of the joint owners, whose legal succession arises otherwise than
by inheritance or by conversion of a legal person, it must be expressly agreed.
(3) the arrangements for the delay the cancellation of co-ownership requires the form of a public
of the Charter; If a real arrangements entered into the public
the list, the postponement of the abolition of joint ownership to the public
the list.
section 1155
(1) the Court may, on a proposal from the cancellation of a joint co-ownership to postpone,
If it be prevent property loss or a serious threat to
legitimate interest of a co-owner, and to extend the duration of the
joint ownership, up to a maximum of two years.
(2) cancellation of co-ownership may be delayed also acquisition for
in case of death.
section 1156
Postponement of the abolition of the joint ownership can be changed later by agreement
the joint owners, and if it does not, the Court issued a decision on a proposal from the
co-owner, which proves that it cannot reasonably be required,
He remained in joint ownership, or that have changed significantly
the circumstances for which to delay the joint ownership has occurred.
section 1157
Postponement of the Department of joint ownership
For the Department of joint ownership shall apply, mutatis mutandis, to section 1154 1156.
Section 5 of the
Housing co-ownership
Subsection 1
General provisions
§ 1158
(1) Housing joint ownership is joint ownership of immovable things, based
ownership units. Housing joint ownership can arise if it is
at least part of the real House with two apartments.
(2) what is provided in this section of the apartment, also applies to non-residential
space, as well as for residential flats or file.
section 1159
The unit includes an apartment as a spatially separate part of the House and share in the
the common parts of the real one and inseparable.
The unit is the real thing.
The common part
section 1160
(1) the joint are at least those parts of the real things, which, according to their
nature to serve the owners of the units together.
(2) the common are always the land on which the House was established, or factual
the law, which establishes the right of owners of units on the grounds of the House, have
construction of essential for the maintenance of the House, including its main
structures, and its shape and appearance, as well as for the maintenance of the apartment of another
the owner of the unit, and the owner of the other device used to drive
the use of the apartment. This also applies in the event that a portion of the leave
one for the exclusive use of the owner of the unit.
section 1161
Unless the common shares parts with respect to the nature,
the size and location of the apartment, or as the same are defined
the ratio of the size of the floor area of the flat to the total floor area of all
apartments in the House.
section 1162
(1) if the shares in the common parts of the determined otherwise than by the ratio
the size of the floor area of the flat to the total floor area of all the apartments in the
the House or the same as, the owner has the right to pursue the drive changes
This determination, if circumstances have changed so significantly that the determination of the
the share of the common parts is clearly unfair.
(2) if there is no proposal on the owner of the drive to change the Declaration (section
1169), change the Declaration to the Court.
Subsection 2
The formation of the unit
section 1163
The construction of the
Committed to the parties in the context of the construction of the House or its
the change will create a unit construction, if the House is, at least in this
the degree of completion, that is already closed to the outside perimeter walls and
roof structures and apartment is a closed perimeter walls.
section 1164
Write to the public list
(1) the registration of a public list of the unit, if the owner or
a person entitled to do so from another right in REM statement splits his
the right to the House and land on the right of ownership to the units.
(2) writing to the public list unit arises, even if it's
ujednají the Division of joint ownership or joint ownership
cancellation and settlement, or that it's ujednají the spouses when changing the scope of the
or in the settlement of the joint property. The provisions of the Declaration on the
This arrangement shall apply mutatis mutandis.
section 1165
The decision of the Court of
The unit, if the Court decides in the Department of
joint ownership, in the cancellation and settlement in a narrowing of joint ownership,
the joint property or community property settlement.
The Declaration
§ 1166
(1) when the Division of rights to immovable things on the right of ownership to the units
shall be at least
and data on the land) of the House, the village and the land territory,
(b)), in particular the data on the drive
1. naming and identification of individual flats, at least the number and location of
with the purpose of use,
2. identification and description of the common parts with regard to their construction,
technical or user of the nature of and possible by determining which of them
are reserved for the exclusive use of the owner of a particular drive,
3. the size of the shares in the common parts,
(c)) what substantive and other rights, and what defects are switching to the creation of
ownership of a unit on all owners of units or on
some of them.
(2) if the Division incurred at least five units, which are to be
at least three owned three different owners, in
the statement and the particulars of the statutes of the community of owners of units (hereinafter
"the community owners"). If not, in connection with the distribution of
Community of owners, the administrator shall determine the rules for the management of the Declaration
House rules for the use of common parts, and contributions to the costs of
associated with the administration of the House and the land.
(3) the Declaration shall be accompanied by all the floor plans, where appropriate, their
schemes, specifying the location of the apartments and common parts of the House, together with information on
floor surfaces.
§ 1167
If there is a registration of ownership rights to the units to the public list,
the statement cannot be annulled or that ownership cannot be determined
the right to drive a reality, in the event that a right in rem to the Unit became
the next person.
§ 1168
The removal of the defects of the Declaration
(1) if the statement defines the neutral or drive the wrong way
and if the agent does not delete the statement without undue delay after the
him to defect pointed out by the person who has a legal interest in it, may defect
delete owners of affected units of the Joint Declaration.
Failing to decide on the removal of the defects, the Court on the proposal of the person,
that it has a legal interest.
(2) Determine if the statement is vague, or not share owner of the drive
the common parts, be taken into account.
§ 1169
Change the Declaration of the
(1) the owners of the units may change the statement. If the drive
loaded, you can modify the statement with the prior consent of the person entitled
of the right in rem.
(2) to change the Declaration requires the agreement of the concerned unit owners
on the change of their rights and obligations concluded in written form. The effectiveness of the
the agreement shall, if it agrees in writing to the owners of the units with
a majority of the votes cast, with a qualified majority of the votes specified in
the Declaration, even though they are not parties to the agreement.
Subsection 3
The construction of the House with units
section 1170
The contract for the construction
(1) the construction of the Treaty, the parties undertake to participate in the
the construction, completion, or to change the House to the establishment of or changes to the
units. For the rights and obligations of the Parties shall apply mutatis mutandis to the provisions of
This Act of the company.
(2) the parties to the Treaty, at least in the ujednají
and data set as an element) the Declaration of Division rights to House
and of the land on the right of ownership to the units,
(b) the method of payment of the costs of construction), where appropriate, appreciation svépomocně
carried out the work,
(c)) the size of the ownership of the House, and the House has to be part of the
land size of ownership to land on time before
construction to create the first unit; shares of co-ownership shall be determined in
the size corresponding to the size of the share owner of the drive on
the common parts, and
(d)) to the construction arise House with at least five units, Essentials
the statutes of the community of owners, if not already established.
(3) the Treaty requires the written form.
section 1171
If the contract is concluded at the time of construction, when the House is already building,
but not even the modern apartments, ujednají the party's size
ownership to the real stuff in the size of the corresponding
the size of the ownership of the future owners of the units on the
common parts.
section 1172
(1) if the unit rise, extension or superstructure of the building
by modifying the House and if they are not in the House still defined, ujednají
the parties in the contract and the definition of the units in the House, and the owner or person to
the beneficiary of another right in rem converts to leads to the acquisition of new
drive a co-ownership share to a real size
corresponding to the size of its co-ownership as owner
the common parts of the unit.
(2) if it is to rise to a new drive or is to be the former unit
modified superstructure, extension or construction by editing in the House, where they are
the unit has already been defined, the parties in the contract and ujednají changes the size of the
ownership after the formation of a new unit or change the existing
units and conversions to match the newly specified sizes
co-ownership shares.
section 1173
Does not contain the contract for the construction of an express derogation from the arrangements
specify the units, the construction of a proper, if the difference is only
tiny and the co-owner had it and could reasonably expect.
Unless otherwise agreed by the parties, the Court will decide how the consequences of deviations from the
specify the units of the deal.
section 1174
(1) if the construction of the House, the party will remain until the formation of the unit
mutual co-owners of real things.
(2) the creation of units are the units of the co-ownership of real changes in the
housing co-ownership.
Subsection 4
The rights and obligations of the owner of the drive
section 1175
(1) the owner of a unit shall have the right freely to use and manage,
inside the building-edit your apartment as well as the use of common parts, must not be
However, make it difficult for the other owner of the rights or the performance of the same unit,
change or damage the common part.
(2) the owner of the unit keeps your flat, as it requires a safe state
and good looks of the House; This is also true of the common parts, which the owner has
units reserved for the exclusive use of.
section 1176
The emergence of the ownership of a unit owner arises units
the obligation to comply with the rules for the administration of the House and for the use of common
parts, if he was familiar with these rules, or if the had and could
know, as well as to ensure their compliance with the persons to whom access
in a house or apartment.
section 1177
(1) Who has acquired ownership of a unit shall notify it including its address and
the number of people that will have in the apartment home, the owners of the units
by the person responsible for the management of the House no later than one
months from the date on which the learned or could learn that it is the owner.
Similarly, it is also true in the case of changes to the data referred to in the notice.
(2) the owner of a unit shall, without undue delay, the person responsible for the
management changes in the number of persons that have in the apartment and lives in a household
After a period, which is in summary, at least three months in one
calendar year. This is true even if you leave the unit to the owner of the apartment
the use of any other person; in this case, notify the name and address of that
of the person.
section 1178
If so requested by the owner of that unit, he shall notify the person responsible for the management of the
the House of the name and address of owner or charterer of any unit in the House.
section 1179
The owner of the unit has the right to meet, as the person responsible for the management of
the House and as the House or the land it manages. This person may
the owner of the unit inspect contracts in matters of administration, as well as
even in the accounting books and documents.
section 1180
(1) unless otherwise specified, the owner of the unit on the administration of the House and
the land in an amount corresponding to his share of the common parts.
Is used if either of the common parts only one owner unit
for exclusive use, the amount of the contribution in relation to the nature,
the size and location of this part and the extent of the obligations of the owner of the drive
to administer this part at your own expense.
(2) the contributions intended for the remuneration of the person who manages the House, or
the members of its organs, the keeping of accounts and on similar charges custom
administrative activities will be allocated to each unit as well.
section 1181
(1) the owner of the unit pays advances on the performance of associated or connected with the
the use of the apartment (services) and has the right to the person responsible for the management of
House advances in time vyúčtovala, usually no later than four months from the
the end of the billing period.
(2) if the intended duration of arrears or overpayment of advances,
are due on the same date three months after the expiry of the period referred to in
paragraph 1.
§ 1182
If the owner modifies the unit construction and his apartment, allowing access to the apartment
to verify that the construction works do not threaten, not harming, or does not change
the common part, if he was invited in advance to the person responsible for
the administration of the House.
section 1183
(1) the owner of a unit shall refrain from all that hinders the maintenance, repair, modification,
reconstruction or other changes in the House or plot of land which have been duly
decided; If they are carried out inside the apartment or in the common parts of that
It is used exclusively for the use of the owner of the unit, allowing access to them,
If it was invited in advance to the person responsible for the administration of the House. It
the same applies to the location, the maintenance and the control device for the measurement of consumption
water, gas, heat and other energy.
(2) for damage to the unit carrying out the work referred to in paragraph 1, replace
the owner of the unit owners, and damage to the community a reality,
replace it fairly co-owners of the House. However, to perform the work in the
their interest just one owner unit, will replace the damage himself.
section 1184
On a proposal from the person responsible for the management of the House or of the owner of the
the Court may order the sale of the units of the unit, the owner of that
violates an obligation imposed by a court decision to him enforceable way
considerably restricting the rights of others or the course owners
units.
section 1185
Joint ownership units
(1) the owner of the unit may be your right to drive split into shares,
unless it was out of the question.
(2) empowers the joint co-owners of a unit representative, which will
to exercise their rights against the person responsible for the administration of the House. This also applies
in the case of spouses who have a drive in the common wealth.
Special provisions on the transfer of units
section 1186
(1) when the transfer of ownership of a unit shall not the person responsible
the obligation for the management of the House Administration contributions to the effective date of House
the transfer deal.
(2) if the owner of the property right to the drive, the licensee shall
confirmation of the person responsible for the administration of the House, what debts related to the
the administration of the House and the land transferred to the acquirer of the unit, where appropriate, that
such debts are not. For the debts, which were transferred to the purchaser of the unit,
the transferor shall be liable to the person responsible for the administration of the House.
§ 1187
(1) if the unit distribution rights to the House or land on
the ownership right to the units, the tenant of the apartment has a pre-emptive right to
drive when its first conversion. This also applies in case of lease
a non-residential area, where he was hired in connection with the apartment in the same
the House. Pre-emptive right shall lapse, unless the tenant offer, within six
months from its effectiveness.
(2) If a tenant of a legal person, the provisions of paragraph 1 shall not apply.
section 1188
(1) If a unit in a house owned or in joint ownership
a legal person and, if the tenant or the companion of this legal
a person who has participated in the work of or participation in the acquisition of
real ownership of the drive can be converted only to him. It
also applies in the case of the acquisition of the immovable things involved in legal
the predecessor of the shareholder or member.
(2) if required by other legislation to establish the validity of the transfer
the value of the assets transferred, based on the expert opinion of the expert appointed by the
the Court, its provisions do not apply.
Subsection 5
The administration of the House and land
§ 1189
(1) the administration of the House and of land includes everything that does not belong to the owner of the unit
and what is in the interest of all the joint owners must or expedient for the proper care
the House and land as a functional unit and the maintenance or improvement of the common
parts. The House Administration also includes the activities associated with the preparation and implementation of
changes to the common parts of the House, an extension of the superstructure of the building or
change in use, as well as the establishment, by maintaining or improving the
the device in the House or on the property serving all of spoluvlastníkům House.
(2) it is considered that it also applies to the management of the common parts, which
It is used exclusively for the use of only one spoluvlastníku.
section 1190
The person responsible for the administration of the House and land is a community of owners.
Reality-the community of owners, is the person responsible for the management of
the House Manager.
Managing without the community of owners
section 1191
A reality where the community owners, shall apply to the administrative rules
specified in the Declaration and for decision-making in matters of administration, shall be
the provisions of the Assembly; the decision shall be convened by the owners of the units
administrator.
section 1192
(1) If an owner has a unit on the common parts of a larger share of
than half, becomes an administrator. If such is not the owner of the unit,
the owners of the units chosen by majority vote of the Manager. On the proposal for a
the owner of the unit and the Court revokes the administrator shall appoint a new Manager, if the
It is for this important reason.
(2) the administrator may individually do what is necessary to maintain a managed
the asset; If it is determined by something else, be taken into account. This does not apply
for decision-making on matters which, under this Act, belongs to the
the scope of the Assembly.
section 1193
If it is about the House, where it is less than five units, be taken into account when
decision making unit owners to more than the sum of the votes of the administrator
the votes of all other unit owners.
The community of owners
§ 1194
(1) the community is a legal person based owners for the purpose of
ensuring the management of the House and of land; in fulfilling its purpose is
eligible to acquire rights and to commit to the obligations. Community
business owners may not even be directly or indirectly participate in the business
or other activities of entrepreneurs or to be their companion or a member of the.
(2) membership in the community of owners is inextricably linked to the
the ownership of the unit. The Community shall be liable for the debts of the owners of its member in the
the ratio of the size of their share of the common parts.
section 1195
(1) the community owners can acquire and dispose of property only
for the purposes of the administration of the House and the land.
(2) the legal acts which the Community shall ensure that the owners of the debt of another
a person shall not be considered.
§ 1196
(1) the community owners legally act within the limits of its purpose with the
the owners of the units and with third parties.
(2) if the owners of the units of the unit represents the rights of defect
the community of owners of the owners of the units in the implementation of these rights.
section 1197
Associate-a community of owners with another community owners to
cooperation in the fulfilment of its purpose or if it becomes a member of the legal
persons bringing together the community of owners or the owners of the units or
otherwise, working in the field of housing, do not commit to another property
participation, is a member of the deposit or the provision of the Member
contributions. -If undertakes community owners participate in loss
the other person, to pay its debts or is to ensure, not taken into account.
§ 1198
(1) if the community based owners previously, shall establish the
the owners of the units, where at least five units, of which at least three
are owned by three different owners, at the latest after
ownership rights to the first converted drive.
(2) the list shall not be registered in the public ownership of another converted
the unit, if it is not proved by the creation of the community of owners. This does not apply
When the acquisition of the units to the ownership of the first owner.
section 1199
If in the House less than five units, may be the community of owners
based, if you agree to all of the owners of the units.
section 1200
The founding of the community of owners
(1) the Community approval of the statutes shall be owners. If it has not been
Community of owners based Declaration of the distribution rights to the House and
the land on the right of ownership to the units in the contract or arrangement of the
construction, requires the approval of the statutes of the consent of all owners
units.
(2) the statutes shall contain at least
the name containing the word ") and" community owners "and the indication of the House, for
the community was founded, owners
(b) registered office designated in the House), for which the community of owners was established;
If this is not possible, at another suitable place,
c) membership rights and obligations of the owners of the units, as well as the way their
the application,
(d) the designation of authorities), their scope, the number of members of the elected authorities and
their term of Office, as well as the method of convening, the hearing and proceedings
(e) the destination of the first members) statutory authority,
(f)) rules for the administration of the House and the land and the use of common parts,
(g)), the rules for creating the Community budget, for contributions to the management of the
House prices and reimbursement of services and to the way of determining their amount paid
each of the owners of the units.
(3) the statutes require a form of public documents. This does not apply, if the
Community Declaration on the allocation of the rights to the House and grounds on the
the ownership right to the arrangement in the construction.
§ 1201
It was a community of owners based Declaration of the distribution rights to the
the House and land in the ownership of the units or arrangements in
the contract for the construction, changes of the statutes shall carried out before
the creation of the community of owners.
section 1202
(1) Until he has one the founder of the community of owners of the votes,
is the administrator of the House and the land. For this purpose, the parties to the Treaty on the
the construction of the visor as the one person.
(2) The Administration shall follow the rules specified in the Declaration and for the decision-making
in matters of administration, shall apply mutatis mutandis to the provisions of the Convention. To
the decision shall be convened by the owners of the units of the administrator; in deciding to
not taken into account the votes of the total of votes exceeding administrators of all other
the owners of the units.
Section 1203
If the administrator loses the majority of votes, shall submit not later than sixty days as
the statutory authority of the community of owners for registration of the community
the owners of the public register and shall convene not later than ninety days
the Assembly. If they do, it can do so by either the owner of the
unit.
§ 1204
The creation of the community of owners
Community of owners shall write in a public register.
section 1205
The authorities of the community of owners
(1) the highest authority is the Assembly of the community of owners. The statutory
the authority is a Committee, unless the statutes specifies that the President is the statutory body
the community of owners. Shall establish the statutes of the other organs, they cannot be
to establish the scope of the dedicated Assembly or, authority.
(2) eligible to be a member of an elected body or a representative of a legal person
as a member of such a body is the one who is fully svéprávný and integrity
within the meaning of other legislation relating to the business of business.
The Assembly of the
section 1206
(1) the Assembly consists of all the owners of the units. Each of them has a number of
corresponding to the size of its share of the votes at the common parts; If
However, the owner of a unit community of owners, to his voice
be taken into account.
(2) the Assembly is quorate with the presence of the owners
units, who have a majority of all the votes. To the adoption of decision
requires the consent of a majority of the votes present owners unless
articles of association or the law require a higher number of votes.
section 1207
(1) statutory authority shall convene the Assembly to the meeting, to be held
at least once a year. Statutory authority shall convene the Assembly and of the
the initiative of the unit owners, who have more than a quarter of all votes,
at least two of them; If they do it, call these owners
the meeting of the Assembly on the cargo community owners themselves.
(2) unless the invitation attached supporting documents relating to the agenda
the meeting will allow the unit to each owner of the convener of the on time with them
to meet.
section 1208
The scope of the Assembly include
articles of incorporation, and)
(b)) change the Declaration of the distribution rights to the House and land on the ownership
the right to the units,
(c)) the choice and removal of members of the elected bodies and deciding the amount of their
remuneration,
(d)), the clearance of settlement results and reports
the management of the community of owners and the management of the House, as well as the total amount of
the House Administration contributions for the next period and the decision on the Bill
or settlement of unspent contributions
(e) the type of services and approval) of the amount of the advances on their remuneration, as well as
the method of distribution of the prices of services on the unit,
(f)) decisions
1. the membership of the community of owners in the legal person acting in
the area of housing,
2. change the purpose of the use of the House or apartment,
3. about change of floor area of the flat,
4. total or partial merge or split units
5. the change in the share of the common parts,
6. a change in the determination of the common part used for the exclusive use of the
the owner of the unit,
7. the repair or construction of the common parts, the excess of the cost of
the amount provided for by the implementing regulation; This does not apply, if the
the statutes shall determine the something else,
(g)) the granting of prior consent of the
1. to the acquisition, disposal, or a load of immovable property or to another
dealing with them,
2. to the acquisition, transfer or burden of movable assets, whose value
exceeds the amount laid down in the implementing regulation, or to another
dealing with them; This does not apply if the statutes specifies something else,
3. the conclusion of credit agreements the community owners, including the approval of the
the amount and conditions of the loan,
4. the conclusion of the Treaty on the establishment of a lien to the unit, if
the owner of the unit concerned in written form with the conclusion of security agreements
agreed,
(h) specifying a person) has to provide some of the activities of the House Administration and
the land,
and the decision on its amendment, as well as the approval of a contract with that person and
approval of contract changes in arrangements for the price or the scope of the activities,
I) decision-making in other matters specified in the statutes or
matters that the Assembly's decision allocates.
section 1209
(1) if it is for an important reason, the owner of the unit may be outvoted
or even a community of owners, if the owner of the unit design
Court to decide on the matter; in the framework of the may also propose that the
the Court temporarily banned the Act referred to in the contested decision. If the proposal is not
filed within three months from the date on which the owner of the unit on the decision
knew, or know, its the right shall lapse.
(2) if it is for an important reason, each unit owner suggest
Court to rule on the matter, which was the Assembly duly
submitted for decision, but that has not been decided for the
the inability of the Assembly adopt a resolution.
The decision outside the meetings of the
section 1210
(1) unless the Assembly convened quorate, the person who
is authorized to convene the Assembly, propose in writing within one
months from the date on which the session was called to the owners of the units
to decide on the same matters outside the meeting.
(2) in other cases outside the meeting to decide if it will admit
the statutes.
section 1211
The proposal shall contain at least the draft resolution, the documents required for its
assessment or an indication of where they are posted, and an indication of the period in which the
the owner of the unit. Unless the statutes provide a longer period,
period is 15 days.
§ 1212
To force the vote requires the expression of the owner's unit with the
indicating the day, month and year, when it was done, signed with his own hand
on the list that contains the full text of the draft decision.
§ 1213
Statutory authority shall notify the owners of units in writing the result of the
the vote, and if the resolution is adopted, it shall notify them and the entire contents of the
the adopted resolution. If they do it without undue delay, you may notice
take on the costs of the community of owners of the one who proposed the resolution.
§ 1214
The decision by a majority of the votes of all unit owners, unless
the statutes require a higher number of votes. If, however, all the owners of the
units of the size of the common parts or shares if the ratio
the amount of the contributions to the administration of the House and of land otherwise than as a result of changes
shares in the common parts, requires the consent of all owners
units.
The cancellation of the community of owners
§ 1215
(1) the Community shall be repealed on the date of demise of the owners of title to
all units in the House.
(2) the Decision of the owners of the community units, you can cancel the owners,
If it was based on a voluntary basis, or if the number of units in the House dropped
to less than five. In this case, the owners of the units shall adopt rules
for the administration of the House and the land and for the posts on it.
§ 1216
When the cancellation of the community of owners not liquidation. The rights and
the obligations of the community of owners pass on the day of his disappearance on
the owners of the units in the proportions laid down in accordance with the share of each owner
the common parts of the unit.
Subsection 6
Cancel housing co-ownership
section 1217
(1) if the parties agree with the owners of the units on the conversion of apartment ownership in the
the units of the co-ownership of real property ownership in the housing changes
mutual co-ownership registration in the public list. It is considered that the
the size of the co-ownership share of each co-owner shall be equal
the size of the stake, which had as the owner of the unit to the joint
parts.
(2) if all the units in the common equity in the House, and if the parties agree
spouses on the conversion of apartment ownership ownership of immovable things in
the common assets, housing ownership changes in the ownership of the immoveable property
things in common equity to the public list.
(3) the agreement referred to in paragraphs 1 and 2, requires the written form.
section 1218
(1) if all of the units in the House, only the owner of the right of ownership and the
declares that the amended title to the units on the right of ownership to
real, residential property shall be extinguished by writing to the public list.
(2) the Declaration requires the written form.
section 1219
If the unit is loaded, to the validity of the agreement or declaration
repealing a residental property agreement of the beneficiaries of the right in rem
granted in written form.
Subsection 7
Common provisions
section 1220
(1) changes to the statement, the full text of the person responsible
for the administration of the House and without undue delay is for inclusion in the collection of documents in
the authority, which is immovable thing written in the public list; This also applies
in the event that the particulars contained in the Declaration, the Treaty on
construction.
(2) if the person responsible for the management of the House entered into the public
register without undue delay shall base the Declaration in full, even in the
collections of documents by the authority, which runs the public register.
§ 1221
If it does not follow from the provisions of the community of owners of something else, the
mutatis mutandis, the provisions of the Association. However, it shall not apply the provisions of
the Assembly of delegates, intermediate member or alternate member meetings
meeting.
section 1222
The implementing legislation provides for the manner in which the calculated floor
area of the apartment in the unit, of which parts of the real things, it is considered that the
are common, and details on activities relating to the administration of the House and
of the land.
Section 6
Additional joint ownership
General provisions
section 1223
(1) a thing belonging to several owners together separate things
intended for such use, that these things are created locally and to
defined whole, and used a common purpose, so that without it there is no
the use of separate things possible in additive is joint ownership
these owners. Where additives co-ownership real
entered in the public list, writes to the public list and
additional joint ownership.
(2) the provisions of the additive joint ownership shall apply mutatis mutandis to
the equipment acquired or otherwise acquired by the owners referred to in paragraph 1
the common load of to serve them all.
section 1224
(1) the Thing in additive the co-ownership shall be against the will of one of the
the joint owners are withdrawn to the common purpose.
(2) it can be loaded with the thing in additive co-ownership fashion that only
It does not prevent the use of a common purpose.
§ 1225
(1) Any of the joint owners cannot be prevented from participation in the use of things in
additive co-ownership in a way which corresponds to the common purpose and
It does not prevent the use of other co-owners.
(2) the waiver of right to participate in the use of things in additive the co-ownership
some shareholder does not have the effects for his successor.
section 1226
If the matter is used in additive to the common use of the co-ownership
the land, the owners of the common shares at the ratio of things
the acreage of land. It does not prevent the spoluvlastníkům to the size of the shares
it otherwise.
section 1227
(1) share of things in additive co-ownership can be converted only for the
the current transfer of ownership to the point to which the use of the thing in the
additive co-ownership is used. Converts to the ownership right to the
such things, the conversion also applies to share things in
additive co-ownership.
(2) the same applies To the load option, the right rear of the purchase or
in a similar way, as well as for the creation of a lien or similar
the security.
§ 1228
(1) separate from the joint ownership can be provided than indicated accessory that thing to
which the use of the thing up to now in additive co-ownership served,
disappeared or changed its purpose, so that the thing in additive the co-ownership
It is no longer necessary.
(2) for the same reason, any of the other joint owners
to propose to the Court to participate in additive co-owner co-ownership
set aside and ordered his share of compensation for the remaining spoluvlastníkům
in proportion to their shares.
§ 1229
Shall cease if the matter in additive the co-ownership cease its purpose, additives
joint ownership and co-owners settled pursuant to General
the provisions on the cancellation of co-ownership. As long as this continues, the purpose cannot be
additive co-ownership to cancel.
Managing things in additive the co-ownership
section 1230
Unless otherwise agreed between the joint owners otherwise, chooses to manage things in common
joint ownership of one of the joint owners additive as an administrator.
If the administrator is not the co-owners elected even after three months, appointed him
on the proposal of any co-owner of the Court.
§ 1231
(1) unless otherwise agreed, shall elect a majority of the co-owners of the administrator
votes; each joint owner has one vote.
(2) a joint owner, who did not vote for the election administrator, may propose
Court administrator appealed, if there are important reasons for it, and to
appointed by the administrator of another co-owner. If the proposal is not filed within thirty
days of receipt of the decision, the right to make it.
§ 1232
If you take the "common things in additive the co-ownership
by his will, and none of the other joint owners after three months
is not contrary to, or have not made a proposal pursuant to § 1230, looking at him, as if
He was elected administrator.
section 1233
(1) unless a different arrangement, it is sufficient to recall the administrator most votes
the joint owners; However, if an administrator was appointed by the Court, it may
joint ownership of at least two thirds of the votes to revoke the joint owners.
(2) whether the Manager was called, withdraw it from the important reason,
the Court on the proposal made by the co-owners, who have at least one-third of the votes.
section 1234
From the rule of conduct in matters of day-to-day administration Manager are
co-owners and administrator are entitled and bound jointly and severally.
section 1235
(1) the management of the affairs in additive the co-ownership shall contribute
co-owners in proportion to the size of their stakes. The costs associated
the administration of affairs in additive co-ownership lodge co-owners to
the attention of the administrator reasonable advance; If there is no other agreement, the advance is due
31. January.
(2) how many do the sum of advances, the majority of the co-owners shall decide.
If the co-owners fail to take such a decision at the end of the previous
of the year, was the sum of the advance for the next year determined the amount of the compound
the advances in the last year, increased by one-tenth. If it is not possible to aggregate
advances as follows to establish, on a proposal from the administrator, it shall determine the Court.
Section 7
Special provisions concerning community assets
section 1236
Takes ownership of the thing more people United on the basis of the Treaty,
law or other legal elements in the community, whether it is a
spouses, persons United in a family community, a community of heirs or
other similar community, each of these people has the right to
the whole thing.
section 1237
The rights and obligations of the owners of United in the community is governed by the
the provisions, according to which the community was established. The provisions of §
1238 and 1239 shall apply, unless stated otherwise.
§ 1238
(1) if not agreed anything else, requires the performance of property
the rights and treatment of the common Affairs of the unanimous decision of all the
participating.
(2) if not agreed anything else, cannot claim to the Division of the common
things, as long as the community takes, or dispose of the share of the common things.
section 1239
The ownership right to the common things extinguishes her theft, or disappearance
the community; the provisions for the settlement of the co-ownership.
Part 5
Rights in rem to foreign things
Section 1
The right construction
Subsection 1
General provisions
§ 1240
(1) Land may be burdened with material right of another person (the Builder) have
on the surface, beneath the surface of the land or building. It doesn't matter whether the
It is a construction of the already established or not yet nezřízenou.
(2) the right may be set up so that it also applies to the land,
which is not needed for the building, but it serves to better
the use of the.
section 1241
You cannot establish a right to the land on which the holdup right příčící the
the purpose of the construction. If the land is pledged, it can be loaded with the
construction law only with the consent of the creditor the pledge.
§ 1242
The right of the building is the real thing. The construction of the building is its law compliant
components, but also subject to the provisions of the real things.
Subsection 2
The emergence and disappearance of law construction
section 1243
(1) the right of construction, contract, vydržením, or, if so
the law, by decision of the public authority.
(2) the right of the building set up by the Treaty to the public registration list.
Write to the public list is subject to the right of the building resulting from the decision of the
of the public authority.
§ 1244
(1) the right of the building can be set up only as temporary; shall not be established on a more
than 99 years. The last day of the period for which the right is established, the
be evident from the public list.
(2) if the client acquired the right vydržením, it is the period of 40
years. If they are for fair grounds, the Court may, at the time, which is
the right to the design of the building set up, shorten or lengthen the parties concerned.
section 1245
The duration of the rights of the construction can be extended with the consent of the persons for which they are to
the land is registered in order for the load of the construction law.
§ 1246
Construction law cannot restrict expiry condition; If an expiry
agreed, no condition to it.
§ 1247
If the right set up for consideration, and if the ujednala remuneration in the
opětujících the doses as a building, the building puts the right salary as
the real burden. No to the arrangement under which changes the amount of the
the construction of the salary depends on uncertain future events; This does not apply,
ujedná-if the amount of the dependency of building on the level of appreciation and salary
the depreciation of money.
section 1248
If the client waives the right of the building, the owner of the land has
converted on the basis of documents proving this fact right on
time, which has not yet expired, to himself or to another person.
§ 1249
When the extinction of rights of the building before its time elapses, the legal
the consequences of the erasure of the rights belonging to the construction law, factual person for
that was to the right of the building to the public list of registered rights in rem to
the demise of the right in rem. However, if this person deleted grants
consent, the legal consequences of the construction of rights against its deletion
an law already this deletion.
Subsection 3
Legal relations of law construction
section 1250
In the construction law construction Builder has satisfactory, the same rights as the
the owner; If this is a different use of the land subject to the law of
the building has the same rights as the person entitled to it, unless it is agreed otherwise.
§ 1251
(1) the contract may save stavebníku to the construction carried out within a certain time.
(2) if nothing else agreed, the client has the obligation to maintain the construction
in good condition. The contract may require the construction of a stavebníku
to insure.
(3) the owner of the land may be reserved a de facto approval
or legal acts of the Commissioner, but even if it is the owner of the land
reserved, cannot deny consent to the legal action that is not to his
the injury.
section 1252
(1) the right of the building can be converted as well.
(2) if the owner's Reserves of land rights to consent to the load of the building,
writes to the reservation to the public list. In this case, you can
the public list to write a load of construction rights only with the consent of
the owner of the land.
§ 1253
Right passes to the heirs and to another general rule
the successor.
section 1254
The client has a pre-emptive right to the land and the land owner has an option to purchase
the right to the right of the building. Ujednají-if the parties something else writes it
to the public list.
section 1255
If nothing else, give the owner of the building land
stavebníkovi when the demise of the expiry of the period of the construction law, on which the
established, for the construction of a replacement. The compensation shall be one-half of the value of the building at the time of
the demise of the construction law, unless the parties otherwise ujednají.
section 1256
Lien and other rights encumbering the building law affect compensation.
Section 2
Easement
Subsection 1
General provisions on služebnostech
§ 1257
(1) a thing may be the owner of the easement, which affects things
as a right in rem, that something has to suffer for the benefit of another, or something
refrain from.
(2) the owner may encumber its land easement in favor of another
his plot of land.
section 1258
The Ministry includes everything what is necessary for its performance. If the contents
or range of servility intended, according to the local customs;
If not, it shall be deemed that the scope or content of the rather smaller than
greater.
§ 1259
Who is entitled to from the servility, can claim the protection of their rights; §
up to 1040 1043 shall apply mutatis mutandis.
Subsection 2
The acquisition of servility
section 1260
(1) the Ministry shall contract, acquisition, in case of death or
vydržením after the time required for prescription of ownership to things that
easement is to be loaded. By law or by decision of the public authority
the power of the Ministry shall in the cases provided for by law.
(2) when the prescription matches the public's servility farm
vydržitelkou village, in whose territory it is situated.
section 1261
Land designated for performance of the functions of the forest can encumber the land easement,
grazing or easement easement taking berries just Treaty
the acquisition, in case of death or by decision of the public authority. Such
the Ministry can be set up just like the vykupitelná and the conditions of the buyout must
already be identified in advance, when the establishment of servility.
§ 1262
(1) where the legal negotiations the Ministry to things written in
the public list, registration for such a list. Arises if
servitude to the things recorded in a public list on the basis of other legal
the fact, writes to the public list in this case.
(2) where the Ministry to a non-public list stuff,
the effectiveness of the Treaty arise.
Subsection 3
Legal conditions of servility
section 1263
The authorized person shall bear the cost of maintaining and repairing things, that is for the
the Ministry intended. However, if the things he and the one who is the easement
required, is obliged to contribute to the expense fairly, or the use of
refrain from.
section 1264
(1) if the rate is not specified, the need is decided by the servility of the reigning
of the land.
(2) the Ministry shall not be modified by a change in the scope of the servant's or the reigning things
or by changing the management of reigning the land.
section 1265
(1) Land servitude cannot be combine with any other reigning grounds.
(2) Personal servitude cannot be converted to another person.
(3) to the space beneath the surface, you can set up the exploitation rights in rem as
zcizitelná and hereditary.
§ 1266
The things you can set up several of the easement, if not later, the right to
injury to the rights of the elderly.
Subsection 4
Some land servility
The Ministry of civil engineering
section 1267
(1) the Ministry of engineering network establishes the right and own expense
an appropriate and safe manner to establish the služebném of the land or through it
keep the water supply, sewerage, energy, or other leadership, engage
is and to maintain. The owner of the land shall refrain from everything that leads to danger
engineering networks, and if it is discussed with him in advance, allowing the legitimate
a person entry to the land after the necessary period of time and to the extent necessary for the purpose of
inspection or maintenance of the engineering networks.
(2) If this is expressly agreed, the Ministry includes the right to establish, and
keep on služebném land also needed the equipment, as well as
the right to make engineering modifications on the network for the purpose of modernizing
or improve its performance.
(3) the person shall make the owner of the land documentation engineering
the network in that range, and if it is not negotiated, to the extent necessary to protect the
his legitimate interests.
section 1268
If the matter cannot tolerate sudden damage to the engineering of the network delay,
getting her fix the person even without prior consultation;
However, the persons concerned shall without delay notify the implementation of repairs, her place
mark and secure. After the completion of the work on their own land shall služebný
the load to the previous state and replace the damage caused by the carrying out of the work.
section 1269
Support foreign construction
Who is required to bear shall be payable by the foreign construction, contribute also to the
the maintenance of walls or stanchions, but is not obligated to support the most
of the land.
section 1270
The Ministry of the gutter
(1) who has a gutter, the Ministry has the right to blame a rain water from your
the roof on a foreign culture thing either loosely or in a trough; its roof may only be
increase only to impede the Ministry.
(2) who has the servitude of the gutter, gutter, must svodní was established to maintain the
in good condition. Also, if a lot of snow, the snow out of the way in time.
section 1271
The right to the rainwater downpipe
(1) Who has the right to lead storm water from a neighbouring roof on your
land, shall be borne by himself the cost of equipment required.
(2) it is necessary to discharge a trench, or similar equipment, shall bear the costs
on the establishment and maintenance of the owner for the land.
§ 1272
The right to water
(1) who has the right to water on a foreign land, has also access to it.
(2) who has the right to blame the water from a foreign land on his or her
land on the alien may at their own expense, to establish and maintain equipment
the necessary; their scope is governed by the need for the land.
section 1273
Ministry of rozlivu
(1) the Ministry of rozlivu is based the owner of the works, which allows you to
driven to spread flood, right on the water služebném the land resound.
The Ministry also includes the right of the owner of the water works have and maintain the
služebném plot device handler, and if this is expressly stipulated,
to perform on them and on the work of editing for the purpose of modernization
or improve their performance.
(2) the owner of the land shall refrain from everything that leads to the threat of water works and
service equipment, and if it is discussed with him in advance, allow
the holder entry to the land after the necessary period of time and to the extent necessary.
(3) the provisions of § 1267, paragraph. 3 and § 1268 shall apply mutatis mutandis.
The Ministry of trails, paths and průhonu
section 1274
(1) the Ministry establishes the right paths to walk along it or her
Motorola human strength and the right to trail others were coming to
the beneficiary and went from it or a human basis.
(2) the Ministry does not have the right to enter on the trails služebný land on
animals or land after služebném Tote the load.
section 1275
(1) the Ministry průhonu right leg animals through služebný
a plot of land. The easement průhonu is associated and right to ride other than the
motor vehicles.
(2) if the grounds for the servants plot designed to fulfil the functions of the forest,
It shall be prohibited to set up a Ministry průhonu cattle. If the authority decides
a public authority, that is the služebný plot of land intended for the performance of the functions of the forest to
the establishment of such servility, servitude.
section 1276
(1) the right way to ride through the služebný land
any of the vehicles.
(2) In the right path is not servility průhonu.
(3) a person that way, contributes to
the maintenance of roads including bridges and footbridges. The owner of the služebného land
contributes only when this device is used.
§ 1277
Desktop for performance of servility trails, paths or průhonu must be
appropriate to the need and location. If they become the trail, path, or desire path
by chance, the claim can be impassable, to be reported to the
spare area than the previous state will be listed.
The right grazing
section 1278
If not specified, the number of species of cattle or the scope and time of grazing, when
the law established, grazing is the ten-year tenure protects peaceful. If they are
of doubt, the provisions of § 1279 to 1282.
section 1279
(1) the right of grazing applies to every kind of livestock, rather than the
However, on pigs and poultry. Animals excessively dirty, sick, or
Foreign are excluded from grazing.
(2) if the serving land land with forests,
to set up a Ministry of grazing cattle.
section 1280
(1) if the number of paseného cattle in the past ten years, the
the decisive average for the first three years of grazing. If this is not the number of
Obviously, according to the principles of decency, mutatis mutandis, to the extent and quality
grazing; the person cannot, however, on the služebném of land to graze more
cattle than it may hibernate with the fodder supplied the reigning
grounds.
(2) In numbers referred to in paragraph 1, nevčítají sucking chicks.
section 1281
Grazing time is governed by local custom; proper management of the land,
However, grazing may not limit or make it more difficult.
§ 1282
(1) the right does not include the other grazing use. As a rule, does not exclude or
the owner of the land rights of the služebného spolupastvy.
(2) if there is damage, the cattle must be guarded.
Subsection 5
Exploitation right
Section 1283
Usufruct, easement gives the user the right to use foreign
the thing for its own use and the need for his household. Changes to
These needs after the establishment of the servility, it does not create a user the right to
its extension.
section 1284
The owner of the things belong to all of the benefits that can be taken without shortening
rights of the user. However, the owner bears all its defects and must thing
keep in good condition. If the costs exceed the benefits, which the owner
left, the user must either bear the increased costs, or from the use of
the refrain.
Požívací right
section 1285
Požívacího easement rights will provide the right to use foreign
thing and take from it the fruits and benefits; the recipient has the right to the extraordinary and yield
of things. In the exercise of these rights is the recipient of the obligation to conserve the essence of
things.
section 1286
The hidden thing found in the recipient does not have the right to land.
section 1287
The recipient assumes all the glitches that churned through things at a time when it was
the Ministry set up. Also bears the costs, without which the fruits and benefits
was not reached.
section 1288
The recipient keeps the thing in the State in which it took over, and shall be borne by the usual
the maintenance costs of the case, including its renewal and the customary insurance against
damage. Reduces to the ordinary use of the things though its value without the guilt
the beneficiaries, it is not the responsibility of the recipient.
section 1289
(1) the owner may notice the beneficiaries carry out at their own expense
building work, which need to have triggered a coincidence or the age of the buildings; in
this case, the recipient shall pay the owner a fee fixed in accordance with
extent that consumption has improved.
(2) If, or to the owner of the construction works is
the recipient shall be entitled to execute is itself and after consumption claim
the same compensation as an honest holder.
section 1290
The recipient is obliged to tolerate the construction work, even when they are not necessary
If not by his injury, or if he will replace all
a pity.
§ 1291
The owner shall be borne by beneficiaries of the cargo, which was improved in the same
conditions, as would be required to pay it nezmocněnému managers.
If the person entitled to costs incurred from the interests or for the decorative, is the recipient of the
the same rights and obligations as honest holder.
section 1292
It is thought that the thing when it was received, the recipient of the Middle
quality, in a proper condition for the proper use and that when it was all
such use is necessary.
§ 1293
When the consumption belong to the fruit still unseparated owner.
The owner, however, replaces the person entitled to them, in accordance with the provisions of the
fair to the holder. Other benefits the recipient has a right according to how
It took a long time consumption.
Common provisions
section 1294
Establish if the exploitation right or požívací to zuživatelným zastupitelným
the things the user or person entitled to dispose of the things according to your likes.
When its right ends, returns the same number of things of the same type and
the quality.
§ 1295
(1) the user or recipient of the principal stored on interest has the right only to
This interest. The interest belongs to the users or beneficiaries from the principal,
as a result some changes embarks on the place of the principal earlier.
(2) the user or recipient and the lender decide together, has to do with
deposits taken. If they fail, the Court will decide.
(3) the debtor of the debt drops the only lenders and repayment of principal together
who is the user or beneficiary. Each of the two, the creditor and the
the user or recipient, may claim only that for both
passed to the principal notarial or judicial custody.
section 1296
The owner cannot sue on the users or beneficiaries, to ensure
the essence, unless her danger. If security given, you may
owner, where applicable, to demand the release of things for a decent value.
Ministry of dwelling
section 1297
If established, the Ministry has for the apartment that has been established as
the Ministry use.
§ 1298
The owner of the right freely to dispose of all parts of the House, to which the
Ministry of dwelling does not apply, and shall not be znesnadněn needed supervision.
Subsection 6
The demise of servility
§ 1299
(1) the Ministry shall cease permanent change, for which the maid thing already
cannot serve the notion of land or to the beneficiary.
(2) When a permanent change that raised the gross disparity between the load maid
things, and the advantage of reigning the land owner or the beneficiary
servant stuff can claim a reduction or cancellation of servility under the
reasonable compensation.
section 1300
(1) if the parties agree on the abolition of servility, recorded in a public
the list should have been from the Public Ministry list.
(2) the period for which it was established, the Ministry can be someone, uh,
that servitude shall be extinguished if some other person of a certain age. In
this case, it is considered that the earlier the death of this person is not on the duration of the
the influence of servility.
§ 1301
By combining ownership of reigning, and the servant stuff in one person Ministry
does not terminate.
§ 1302
(1) Personal servitude shall cease with the death of the beneficiary; When the extension
servility and the heir, it is considered that they are the legal heirs
the first class. Acquired a personal servitude legal person takes
the Ministry as long as it takes this person.
(2) is used to operate the plant, the Ministry does not terminate the transfer or
the transition of the plant or its parts, which will be operated as a
a separate race.
Subsection 7
Real burdens
section 1303
(1) If a thing is written into the public list, can be a real
the burden so that the temporary owner of the thing as the debtor is obliged to
authorized person give her something or something.
(2) For the same real burden may be loaded with a few things.
section 1304
Unlimited real burden can be established just as vykupitelné and
the conditions of the buyout must be identified in advance when the establishment of a real
the burden.
section 1305
Where is the real burden of the legal act, the registration to the
the public list.
section 1306
If the real burden of repeated transactions, may be retained in a batch
or her refund is requested after the person for whose ownership
the right dose, so from the present owner, but just from things
the real burden of loaded.
section 1307
(1) the owner of the busy things shall refrain from all the thing has deteriorated to the
injury to the person authorized of a real burden.
(2) if the matter is not sufficient-the real burden of the guilt of its owner or
for lack of, which comes to light only later, that, as
When setting it up for it to fix this condition, the owner of the composition
security or otherwise, to the person entitled to the real burden of sustained
the injury.
section 1308
About the demise of the real loads shall apply mutatis mutandis the provisions about the extinction of the easement.
Section 3
The lien
Subsection 1
General provisions
section 1309
(1) when the debt to the lender a lien arises, permissions
the debt, where the debtor fails to properly and in time, satisfy from the proceeds
pledge to the agreed amount, and if this is not agreed, the amount of the claim with the
accessories at the date of realisation of the collateral.
(2) the Arrangements set up to prohibit Lien has effects on third
person, only if this prohibition is entered in the register of pledges by another
law or to a public list, or if I know her.
§ 1310
(1) Collateral can be any thing that can be traded.
(2) the lien can be set up to things, to which the pledge to the debtor
right of ownership arises only in the future. If such a thing is written in
public list or in the register of pledges, writes to her pledge
the law, if the owner agrees with that stuff.
§ 1311
(1) a lien can be assured of a certain amount of the debt or debts which
the amount can be determined at any time during the duration of the lien. Lien
You can ensure a financial debt and illiquid, conditional or even such that
has yet to arise in the future.
(2) a lien can be ensured and the debts of a certain kind of emerging
the debtor to the creditor the pledge at some time or even different debts
emerging to the pledge creditors of the same legal reason.
Subsection 2
Stop
§ 1312
(1) the lien of the mortgage contract, is hereby established. In her party, ujednají
What is a pledge and for what the debt is the lien is established; ensures the
with debt still preteen or more debt, will make, to what
the highest amount of the principal is to ensure it provides.
(2) block may be specified individually, or in any other way, so that it
It was possible to determine at any time the duration of lien.
§ 1313
The lien secures the debt and its accessories; If it is particularly
agreed, the contractual penalty.
§ 1314
(1) if there is no movable object such as the pledge committed to the pledge creditors, or
third, the person that took care of her pledge to the lender, for the
the pledge contract in writing.
(2) the Lien contract requires the form of a public instrument,
and if the pledge) is a plant or other thing, in bulk
(b) If a pledge) is the real thing, which is not subject to registration in a public
the list, or
(c)) if the lien to movables arise registration
pledges.
§ 1315
Prohibited arrangement
(1) Prohibit the arrangement, under which the debtor or not, who proved conclusively
the pledge to pay.
(2) Until the secured debt reached, uh, that
and the mortgagee shall not) demand satisfaction of the lien,
(b)), the creditor can pledge to monetize in any manner, or for
any, or the predetermined price may leave or
(c) the creditor may take from) the pledge or benefits.
(3) if the zástavcem or by the consumer debtor, or a person
that is a small or medium-sized entrepreneur, not taken into account the arrangements with the
the content referred to in paragraph 2 (a). (b)), whether it occurred before
maturity of the secured debt or even after secured debt.
§ 1316
The lien of the things recorded in a public list of the registration in the
This list, unless another law provides otherwise.
§ 1317
(1) the lien to movables will create a handover of the pledge
creditors. If requested by it who proved conclusively, the lender shall issue him a pledge sheet, in
which describe the arrest to be sufficiently distinguished from other things.
(2) the surrender of movable property can be used to replace the sign so that it marks the
as stopped. If the lien was marked, you can call it
against the third party, if not in good faith; otherwise, it is considered that the case
was not marked.
section 1318
If so, a mortgage lien to movables,
or who proved conclusively that the pledgee shall deliver the thing to a third person, to make it
the Bible for the lien creditor and debtor's Lien. If it is not otherwise
agreed, shall bear the costs related thereto, who proved conclusively.
§ 1319
(1) Determine if a mortgage lien to movables
registration in the register of pledges.
(2) the lien to the real nezapisované to the public list, to
race and movables entered in the register produces the bulk of pledges.
(3) entry in the register of pledges will perform the notary who drew up the pledge
contract, without undue delay after the conclusion of security agreements.
Stopping the share in the Corporation
§ 1320
(1) if the shares in the Corporation, you can freely convert to him set up
the lien; You can only convert a share under certain conditions, requires
to meet the same conditions when his suspension. This does not apply in the event that the
stopping the share of social contract to prohibit or restrict.
(2) If a share represented a valuable paper, is an eligible collateral only
This valuable paper.
section 1321
The Treaty, which the Corporation accepts the collateral its own share,
be taken into account.
section 1322
(1) the lien of the proportion of registration in a public register, the
where the Corporation is registered.
(2) who proved conclusively or mortgagee shall notify the Corporation formation of lien
rights without undue delay; the announcement, however, does not require a
the competent authority of the Corporation to stop the share agreement.
§ 1323
If it is associated with a right to vote, the pledgee
exercise only if it has been agreed.
section 1324
(1) if the claim of the pledgee acquires the right to financial and
other benefits resulting from participation in the Corporation up to the amount
securitized debt. This performance is included on the payment of the debt, unless the
the party's ujednají something else.
(2) Denies the debtor or the debtor's personal pledge in court proceedings
the amount of or the existence of the debt, will provide performance referred to in paragraph 1 without
undue delay, then, what about the amount of the debt or the existence of the Court;
by this time, the person is not in arrears to the performance.
§ 1325
Mortgagee shall notify the launching performance pledge all
companions. If these companions to share an option,
pre-emptive right shall lapse if it is not applied when the liquidation of the companions
pledge.
§ 1326
If agreed, the pledgee pledged share the moment
When was his attempt at monetization share in the exercise of the lien
failed. If it has not been agreed, that the mortgagee has already this moment
shall take the share may pledged mortgage lender from this moment
to exercise the rights associated with společnická.
section 1327
(1) If a mortgagee when trying to monetize a share failed
may the lien debtor to pursue him for the usual
commercial terms transferred the pledged to cover the share of the debt.
If the pledgee does not exercise his right within one month from the date when the
was his attempt at monetization market share failed, its right to exist.
(2) if the debtor does not convert the mortgage lenders pledge to share one
months from the date when it was invited to do so, the pledgee
Sue, to determine the contents of the Treaty the Court.
Stopping a security or securities zaknihovaného
§ 1328
(1) the lien arises to securities its handover of the pledge
creditors. If so, a mortgage lien to
securities, or who proved conclusively that the pledgee shall transmit valuable paper
and a copy of the mortgage contract to a third party, in order for them to arrest
the Bible.
(2) the creation of a lien to the securities of the series is needed and
Lien endorsement containing the clause "to the stop" or any other words
the same meaning and indication of lien creditors.
(3) if the parties Ujednají, that the lien of the securities on the
bearer produces a registration of a lien in the register of pledges,
requires the submission of the lien to the person who the lien in the register
Lien writes, for the duration of the lien.
§ 1329
(1) if the security is already in the custody of a lien notice
Lien creditor or sent to depositors who proved conclusively, together with
stejnopisem of the mortgage contract. From the delivery of the notice, it is a valuable
paper stored for lien and Lien creditor debtor together.
The provisions of § 1328 paragraph. 2 this does not prejudice.
(2) Who retained the valuable paper business manner, his
stop in your register, so that it was clear who is the pledge
the creditor; save it separately, unless it is a mail storage.
section 1330
When the paper is already stopping at a third party on the basis of the
the contract with its owner, may be a valuable piece of paper for the duration of lien
law issued the pledge to the debtor only with the consent of the creditor's Lien.
§ 1331
(1) booking securities creates a lien on writing
the owner of the account in the appropriate register. Registration of the person authorised to perform this
registration of lien on the debtor's conduct to be charged to his account. If
command pledgee, a personal debtor or who proved conclusively, writes,
the lien, unless the originator showing hypothecation.
(2) the lien of the relevant evidence clears the person entitled to the
Register lead. If the debtor's personal command of the mortgage, the borrower or
who proved conclusively, clears the lien, unless the originator showing that there was an
the fact that is otherwise the reason the extinction of the lien.
§ 1332
(1) For the duration of the lien to securities may pledge a creditor
exercise the rights associated with a security freeze in the range
the parties to the arrangement.
(2) The revenues and other financial benefits from the security shall apply
the provisions on the implementation of the pledged claims, unless the pledgee
the law waives the benefit of the lien of the debtor.
Stop the account owner of dematerialised securities
§ 1333
To book-entry securities account creates the lien registration for
This account in the appropriate register. For registration and the cancellation of the lien is
apply to section similarly 1331.
section 1334
(1) the lien to the owner of the book-entry securities account with
applies to all securities that are registered on the account of the
Lien, also on securities transferred to the pledged account for
duration of lien. The provisions governing the right of lien to the
individual securities are paying for securities registered on a stopped
Similarly, account.
(2) if there is a transfer of securities from the pledged account with the previous
the consent of the creditor's lien, and Lien is extinguished by the transfer to the
This valuable paper.
Stopping accounts receivable
section 1335
(1) Stop you can claim that you can assign to another. If
a pledge in the debtor's claim of lien a lien creditor,
receivable and debt do not disappear of the person of the debtor's creditors and fusion.
(2) a claim of lien to arise the efficiency of mortgage contract,
unless a later time is reached, the effects on the debtor of the pledged
the claim, however, the lien shall, until the lien is the borrower shall notify the
or lien creditor proves. This does not apply if the party's ujednaly
the registration of the lien in the register of pledges.
section 1336
(1) Before the maturity of the securitized debt the debtor can carry out the stopped
the claim only the pledge creditors also integrally the pledge to the debtor. Each
one of them has the right to demand that the debtor the performance order for the benefit of both of them
into custody for a third person; unless the pledgee and the pledge
the debtor of the depositors, it shall determine, on a proposal of one of the parties to the Court.
If the secured debt, will issue schovatel the pledge to the lender all
needed to satisfy.
(2) if the secured debt payable, the pledgee has the right to
the debtor of the pledged claim undertake only to him; If it is, the
report to the creditors of the mortgage receivable. Happened if stopped
the claim still due, the pledgee has the right to be
referred to the.
§ 1337
Where the claims of the pledged funds, issues bonds
the pledge to the debtor the creditor all of the secured claim exceeds the
including accessories and replacement costs, which has a lien creditor
the right. Where is the other thing, the lien on this thing.
§ 1338
(1) if required to the maturity of the mortgage debts law negotiations
the creditor, in particular the denunciation or withdrawal from the contract shall not be required to
Lien creditor approval of him. The mortgage lender may sue to
the lender acted legally, there is a threat to security.
(2) if required by the legal acts of the debtor, such legal negotiations
effects, if it was announced and the pledge to the lender.
section 1339
If the lien agreed to claim the account, my pledge
the creditor the right to dictate who leads the account to pay off the balance on the
account in the amount of the secured debt, if he shall notify the amount and maturity of the
securitized debt.
section 1340
The provisions of § 1336 and 1338, neujednají shall apply if the parties are something else.
Ujedná-if the lender needs to testimony or other legal
Lien creditor approval, negotiations can a creditor Sue grant
consent, if there is a threat to security.
§ 1341
Future Lien
(1) if the State banner thing, which is the pledge to the debtor to arise
the lien remains in the future, Lien acquisition
ownership by the debtor.
(2) If Required for the creation of a lien registration in the public
a list or register of pledges and if there was a written pledge in the future
the right to a lien to the acquisition of ownership by
by the debtor.
§ 1342
The lien of the decision of the public authority
Where is the lien, by decision of the public authority, the
Lien vykonatelností the decision, unless it is determined
time later. If otherwise, to the creation of a lien required write to
the register of pledges or special public list, Lien
writes there.
§ 1343
Stopping the Foreign Affairs
(1) who proved conclusively can give as collateral the foreign matter only with the consent of the owner.
(2) if the who proved conclusively as collateral the foreign item of movable thing without the consent of
the owner, a lien, if the matter committed to the pledge
lenders and that it shall, in good faith, who proved conclusively that he is entitled to the thing
stop.
(3) if someone Has to stop things right in rem which is incompatible with
Lien, the provisions of paragraphs 1 and 2 apply mutatis mutandis.
§ 1344
Stops the foreign item of movable thing who proved conclusively in zastavárenském plant and
If you are not the owner of the thing, the owner of the pledgers to
the operators of the zastavárenského plant right on the issue of the case, if the
It proves that the loss or offence ceased to be the thing of the nature of intentional crime
the crime scene. Zastavárenského plant operator has the right to require the
owner, before the release of things that he paid the amount paid to the pledgers
or přirostlé.
§ 1345
Vespolné Lien
For the same error you can stop everyone, even a few things. Provides the same
the debt of several separate pledges, the mortgagee to satisfy the
any of them, or of all the pledges.
Subsection 3
The extent of lien
§ 1346
(1) the lien shall apply to the arrest, on its increment i
Accessories, unless the lien contract be determined by something else. From the fruit and
benefits to the lien applies only to those that are not separated.
(2) if it is stopped, the pledge creditors claim belongs to each
the law, which ensures the claim.
section 1347
When you stop the bulk stuff is the lien applies to zástavcovy
each of the things belonging to arrest and her servants, wherever they are.
The lien shall apply to each individual thing that the bulk
things will be added, and the will of each individual case, from bulk
things separate.
§ 1348
Ujedná-if the duration of lien to bulk things separate
the lien to the individual case, which belongs to the pledge, the pledge
the right does not arise. Was to the individual case the lien before the
to bulk things added, or than the blanket thing is stopped, the
the provisions of the order of the lien.
§ 1349
On the duration and extent of lien to the securities does not affect or
the exchange of the pledged securities by the issuer on the pledge to the debtor for the
another paper, or conversion of securities on zaknihovaný paper
or the conversion of zaknihovaného security on paper. Emerges from the
the Exchange or conversion of paper to the series, it endorsed Lien
the issuer prior to the issue of a security person authorised to have security for the
themselves.
section 1350
(1) If a pledge is Transformed in a new thing loaded with Lien and the thing
a new.
(2) If a pledge is Correlated with other things, the mortgagee the right to
restore the previous state of the cost lien of the debtor. If this is not
possible, loaded with Lien the whole thing, but only to the value of the collateral in
the time of the merger. If the pledge, it is considered that the price of the collateral.
Specifies the amount of the award.
§ 1351
When you split the pledged things loaded with all things liens arising
the allocation.
section 1352
Combine the two pledges, staring at it for the purposes of the lien,
as if to avoid connection; This does not apply if the United pledge of ensuring
meet the same debt.
Subsection 4
The rights and obligations of a lien
section 1353
Lien, the debtor shall refrain from all the block worsens at the expense of
Lien lender. If the debtor sufficient offense to Lien
Security lien creditors lack or reduced to a lack of
security, Lien debtor reasonably make it.
section 1354
(1) If a pledge is insured and the insured event occurs, the
the insurance company of the insurance contract, the pledge to the lender, if the pledge
creditor insurance company in a timely manner that is binding on the things his lien, or
If it's a good time or lien debtor who proved conclusively.
(2) the mortgagee has the right to withhold performance of the insurance contract, and
to him, if not his claim duly and on time met,
unless it is stated otherwise. What exceeds the claim, including accessories
and costs, on which the pledgee has the right to compensation shall issue a lien
the pledge to the debtor by the creditor.
section 1355
If the pledge left the use of another without the consent of lien
the lender, it has no relation to the legal effects of the pledge to the lender. This does not apply,
ujednají-if the parties consent, there is no need.
section 1356
(1) a pledgee, which was committed to a pledge, is entitled to have her
with you throughout the duration of the lien. Is obliged to take care of her
as Treasurer and has the right to compensation against the pledgers costs with
United as an honest holder.
(2) a pledgee may pledge to use only with the consent of lien
the debtor and the debtor's harmless way for Lien; If the lien
the creditor, in good faith, that is, who proved conclusively by the debtor, it is sufficient
consent, who proved conclusively. If no other arrangement has the benefit of
the pledge to pay the costs referred to in paragraph 1.
section 1357
If the letter is the third person thing stopped to custody, the person
shall not pledge to use or to allow its use to another, or to cast
the other person; If so, it is also a chance that they would arrest her
has not been affected.
section 1358
Changes to the essential fact about lien law registered in the register of
pledges or in the public list, and does not impose a legal prescription
the obligation to ask for the implementation of changes to the registration of another person, shall request the implementation of the
changes of registration without undue delay, the one who is affected; If you cannot
to identify him, asks for the implementation of changes to the registration of the mortgage lender. If this
the obligation to more people, it is sufficient if at least one of them.
Subsection 5
Performance pledge
section 1359
(1) once the secured debt payable, the pledgee
satisfy in a way agreed with zástavcem, where appropriate, by
the debtor, in written form, or from the proceeds of the realisation of the collateral in
public auction or from the sale of the collateral pursuant to another Act. If
pledge security admitted to trading on a regulated European
market, sell on this market or even outside this market at least for the price
designated European regulated market.
(2) the mortgagee has the right to compensation against the pledgers necessary expenses
incurred in the performance of the lien.
section 1360
If it has been agreed that the mortgagee can pledge to sell other
way than at public auction, and it obliges the legal successor
Lien of the debtor. Mortgage the borrower notifies you when the transfer of the collateral.
the transferee on the věřitelovo right to sell the collateral in such a way.
§ 1361
If there is a need for specific operations against the debtor to claim
concluded, must be those acts when the difference in a person's personal and
lien against a debtor and the debtor pledge link to
mortgagee can satisfy from the pledge.
§ 1362
(1) the commencement of the performance of a lien shall notify the pledgee in writing
the form of the pledge to the debtor; the notification shall specify how the pledge of
will satisfy.
(2) If a lien Is registered in a public register or list
the pledge, the pledgee shall ensure that registration of the commencement of enforcement of a lien
also in this index.
section 1363
It was the beginning of the enforcement of the lien announced the pledge to the debtor,
shall not, without the consent of the creditor the pledge pledge to dispose of. Violations of the prohibition of
shall not affect the rights of the assignee, which transferred the right of ownership, who proved conclusively
to the matter in the ordinary course of trade in its business, unless the
the licensee knew or must have known, from the circumstances that the performance pledge
the law was started.
section 1364
(1) a pledgee may pledge to monetize as soon as possible after the expiry of the thirty
days after the start of the exercise a lien on the pledge to the debtor
announced.
(2) if the starting performance of lien recorded in public
a list or register of pledges after the pledgee start
enforcement of lien announced the pledge to the debtor, to a time limit of thirty
days to the date of registration in the public list or in the register of pledges.
(3) If a shorter period before the announcement of agreed, be taken into account.
section 1365
(1) Ujedná if the mortgagee can pledge to sell other
way than at public auction is obliged to proceed with the sale with
professional care in the interest of his and in the interest of the borrower to pledge
Lien sold for the price at which it can be comparable thing usually sell
under comparable circumstances on the ground and at a given time. Violates-if
mortgagee to this obligation, it shall not affect the rights of third persons
acquired in good faith.
(2) Ujedná if, as mortgagee, the lender may pledge assets
at any time during the exercise a lien his way to change it so that
Lien will sell at public auction or cashing in it by another law.
Change the way the performance of the lien creditor the pledge to the debtor
in time in written form.
section 1366
Requests that those interested in the acquisition of the pledged things, or auctioneer, demonstrated
him a mortgagee, Lien announced the start of the performance
the pledge to the debtor.
§ 1367
(1) Bonds the debtor suffer performance issues a lien, pledge
lenders pledge with the documents needed for the takeover and the sale and use of
and shall provide the other with the assistance necessary. If the arrest or the instrument for
each person has the same obligation.
(2) who has a lien on each other, refrain from all the value of the collateral.
diminished; to normal wear and tear shall be disregarded.
section 1368
(1) from the proceeds of the collateral shall be borne by the claim, including the
accessories and replacement costs on the mortgagee has a right to.
If the secured debt in kind, it is considered that creditors belongs
financial performance to the level of the usual price of the claim at the time of
Lien; This is true even if the accessory is secured
non-cash debt.
(2) the payment of claims arise from the zpeněžené pledge pledge
the debtor the same rights as if the debt has fulfilled itself.
section 1369
Lien creditor the pledge to the debtor without undue delay after the
realisation of the collateral in the form of a written report stating the particulars of the
the sale of the collateral and the costs associated with it, as well as about other
the costs on which the refund is to the right of the pledgee, the proceeds from the
sales and use.
section 1370
Personal debtor pays what is lacking, if neutrží-monetization
so much of what makes the pledge of a claim. The pledge to the debtor, what
insure more.
Subsection 6
The performance of the lien when Lien creditors more
§ 1371
(1) is binding on the arrest of multiple liens, determine their order
According to the time of creation of the lien. Has to be the creation of a lien
written in the public list, decided to order the moment of submission of the proposal
on the implementation of the registration.
(2) If a security thing, which has ownership of the pledgers arise
in the future, the order of liens by time
the closure of the mortgage contract; writes to future liens to
the register of pledges or to a public list, decide the order in which
proposals have been submitted on the implementation of the registration.
(3) is binding on the movable assets more liens, satisfy the law
Lien creditor the pledge entered in the register or in the public list
According to the order of registration of the prior law arising in any other way.
The right arising from the surrender the collateral pledge to the creditor or a third party
to satisfy before the law resulting from the designation of the matter.
§ 1372
(1) if the arrest more liens, mortgage
lenders in written form make their order. The arrangement is against third
persons effective from the registration in the register of pledges, or to a public list,
requires the creation of a lien to write to such a list.
Write to propose together all mortgage lenders, who
the order of the liens it.
(2) arrangements are to be curtailed the rights of lien creditor, who
the arrangement did, it does not have legal effect against him.
§ 1373
(1) a pledgee shall notify the launching performance pledge also
those lien creditors, which belong to the right in order to meet the
preceding his order. The provisions of § 1362 shall apply mutatis mutandis.
(2) a pledgee may monetize pledge as soon as possible after the expiration of thirty
days of notification to all lien creditors referred to in paragraph 1. This does not apply,
If in this period the mortgagee to whom belongs the right to
satisfaction in order before the order that započíná himself with the
the performance of your Lien; nezapočne-if the creditor with the performance
your lien, without undue delay, to its notification
be taken into account.
§ 1374
(1) Execute If the mortgagee the lien, which is first in the order of
applicable to the satisfaction of liens (hereinafter referred to as "preferential Lien
the lender "), the pledge to the purchaser without the burden of other security
rights.
(2) if the proceeds of the sale of the lien claim, including
accessories and costs, on whose compensation has the right, preferred stores
mortgagee surplus to judicial custody for the benefit of creditors
other receivables, which testifies the lien, and Lien
the debtor, unless it agrees with them otherwise.
(3) surplus will be creditors of the other claims, which suggests
Lien satisfied according to the order of deciding for
liens. What is left over, the pledge shall be issued to the debtor.
section 1375
(1) Execute a lien another mortgagee than preferred,
passes to the acquirer pledge mortgages burdened the
pledgees whose right to satisfy the preceding his order.
On the transition of the collateral, including a transferee, mortgagee, this load
pledge on time learning.
(2) the Lien creditor shall exercise its lien, and the acquirer
the pledge shall ensure the registration of changes in the person of the debtor in the register the pledge
pledges or in the public list, if required such registration to the emergence of
Lien, otherwise damage caused by this.
(3) the rights of pledgees whose right to satisfaction
following the order of the lender, which holds the lien referred to in
paragraph 1 shall apply mutatis mutandis to section 1374.
Subsection 7
The demise of the lien
§ 1376
If the secured debt is extinguished, and the lien expires.
Section 1377
(1) the lien shall cease, but the claim takes,
and if the block expires),
(b)) to give up the mortgage lender a lien,
(c)) returns a mortgagee or lien pledgers pledge
the debtor,
(d)) if the debtor who proved conclusively the pledge to the lender or the mortgage price
the pledged things, or
(e)) if the period to which the Lien has been established.
(2) the effects referred to in paragraph 1 arise even in the case that the other person has taken
to the right of ownership of the pledged things in good faith, that the thing is not loaded
Lien. This does not apply if the pledge entered in the register
pledges or in the public list.
(3) If a thing and the lien registered in the public list
the effects referred to in paragraph 1 arise even in the case of that pledge, or
part of it has been converted
and) and pledge agreement specifies that the arrest or its part can be converted without
load a lien, or
(b)) in the ordinary course of business of the transferor.
section 1378
If the lien is recorded in the register of pledges or to the public
the list even after its demise, this is a defect of the drains on the arrest.
section 1379
(1) if the lien Disappeared entered in the register of pledges, ask
pledgee without undue delay about its deletion and Lien
clears. This also applies in the event that the Lien has been registered in the
the public list, unless the parties to the ujednaly, that the mortgagee of
the cancellation of the lien does not request or the owner asked for the registration
released by Lien.
(2) the mortgage the borrower has the right to request the cancellation of the lien;
nezaniklo-if the lien date of expiry will be cleared from the register
pledges or from the public list, where the demise of the mortgage borrower
the Lien by the Charter confirmed by the lender or
by the decision of the Court or other public Charter. If Lien does not confirm the
the pledge to the debtor by the creditor, on request of the demise of the lien,
replace the damage resulting from this.
Subsection 8
The owner of the rights to release the collateral
section 1380
If a pledge of the demise of the lien, and if it is not in the public
the registration of the lien law still cleared, the lien
the right for relaxed and owner of things can contact released the Lien with the
other debt, which does not exceed the original debt.
§ 1381
If requested by the owner, it writes to the public list, that is the pledge
the right relaxed and that the original debt, where the
the demise of the Lien by the Charter confirmed by mortgage lender or
by the decision of the Court or other public Charter. If the owner does not guarantee
relaxed lien another error in the ten years since the release of the minutes
Lien, his right to do so expires.
section 1382
If it was in the public list of registered a lien release, you can
before the expiry of ten years to clear only together with Lien.
section 1383
Barred relaxed owner lien new debt, be taken into account
After the liquidation of the collateral pledge to the relaxed when the distribution law
the proceeds.
section 1384
It undertakes to the owner when the hypothecation or later that
Lien registered in more favourable order does not guarantee new debt, and
If it is in the public list of registered, cannot be relaxed by
the law to ensure the new debt, as long as it takes the lien for the creditors, in
the benefit of the owner.
Subsection 9
Confusion Lien
§ 1385
If the lien was registered to a public list, the owner of the things
in order to request that lien stalled on things and to ensure
the debt, which does not exceed the original debt, Lien was registered under the
the condition that a year after the registration of the new lien will be old
Lien has been deleted.
section 1386
About the deletion of the old lien may request the owner of the goods or by a creditor,
in whose favour is to be a new Lien is established. If they do so with
success in the new year, the lien shall cease on the expiry of this period.
The competent public authority the new lien clears without design
along with all the entries, which apply to it.
§ 1387
Hitch-on old lien law other rights or limitations entered in
the public list, can be a new lien on this list write down under
provided that the defect will be erased, or, with the consent of the parties is converted
on the lien.
§ 1388
It undertakes to the owner when the hypothecation or later that
will not allow the registration of the new lien instead of the old, and if in the
the public list of registered, not the old lien in a new transform.
§ 1389
If it is to be a new lien registered instead of multiple liens
enrolled in the order directly behind them, the provisions of this
subsection, mutatis mutandis.
Subsection 10
Podzástavní right
section 1390
Podzástavní right arises by stopping the debt, which is indicative of the mortgage
the right.
§ 1391
(1) the consent of the debtor is not to stop the lien claim necessary.
Podzástavní right to it shall take effect,
and if he was) served notice of his generation, or
(b) If a pledge) is a thing to which a lien registration
pledges or special public list, entry to this list;
This entry podzástavní right arises.
(2) the notification referred to in paragraph 1 may be made podzástavce or podzástavní
the creditor; one must, however, the emergence of the podzástavního rights podzástavnímu
the debtor to prove.
section 1392
Podzástavce free of duties under section 1353 passing things
podzástavnímu creditors.
section 1393
Podzástavní creditor may demand satisfaction of the podzástavy place
podzástavce, as soon as the debt is secured by podzástavním law.
section 1394
On the podzástavní law shall apply mutatis mutandis to the provisions on the right of lien.
Section 4
Retaining the right to
section 1395
(1) who has the obligation to issue a foreign item of movable thing has, it can
from his will hold maturing debt to ensure the person would otherwise have had
thing go.
(2) to ensure the detention law can nesplatný debt
and if the debtor does not guarantee) the debt, although it otherwise by contract or by
the law should provide,
(b)) if the debtor declares that the debt, or
(c)) if it becomes evident that the debtor has otherwise debt fails as a result of
the circumstances that happened with him and that the lender was not even could not be
known in the creation of debt.
§ 1396
(1) to detain the foreign matter must not be the one who has her wrongly, in particular
If you took her forcibly or trickery.
(2) Hold a foreign thing may not even the one who was saved, loaded up with her
in a manner incompatible with the exercise of lien; This does not apply to
the thing in the time of commencement of insolvency proceedings, which addresses the
the decline of the impending bankruptcy of the debtor or.
section 1397
(1) Who held a foreign thing to inform the debtor about her detention and his
reason. If a lender has a thing for each other on the basis of a contract concluded in writing
the form also requires notification in written form.
(2) the creditor is obliged to take care of the apprehended thing as Treasurer and has
against the debtor the right to reimbursement of the cost as the holder. Enjoy
the apprehended thing, the creditor may only with the consent of the debtor and the way to
the borrower's harmless. If no other arrangement has the benefit of things
on the reimbursement of the costs referred to in paragraph 1.
section 1398
The lender, which secured his claim to the detention law, belongs to the
proceeds withheld things preferential rights over the other
the lender, even though the lender a lien. For the realisation of the seized things
the creditor shall apply mutatis mutandis to section 1359.
section 1399
The right of retention shall lapse
and the demise of the guaranteed debt) or seized things
(b)) if the creditor waives right to unilaterally or arrangements with
the owner of the seized things
(c)) if the thing to be able to permanently from the lender, or
(d)) if the creditor is sufficient security.
Episode 6
Foreign asset management
Section 1
General provisions on the administration of foreign assets
Subsection 1
General provisions
section 1400
(1) every one who is entrusted with the management of a property that does not belong to him, in
the benefit of someone else (hereinafter referred to as "beneficient"), is the administrator of the foreign
the asset.
(2) it shall be deemed that the administrator is acting as the representative of the legal owner.
Section 1401
(1) the administrator shall carry out their obligations personally. The other person may transfer
its scope or otherwise replace only when the legal
the negotiations; such a person is obliged to carefully select and give her
sufficient instructions.
(2) If an administrator wrongly represented another person or authorize a
another person unduly exercise of its competence, is the letter of
responsible with that person jointly and severally from everything.
section 1402
(1) it shall be deemed that the administrators belong to the usual remuneration according to the nature of its
services.
(2) who manages the foreign assets without legal reason, does not have the right to
the reward.
§ 1403
Profit and costs be allocated among the beneficiaries according to the Manager of the statutes or other
the Treaty, otherwise what nejspravedlivěji with respect to the nature and subject of the
the Administration and the circumstances of its creation with a view to general practice.
If you cannot provide a different ratio for the distribution of profits and costs between
beneficiaries, these shares are the same.
section 1404
If required, the consent to a particular hearing, beneficientův
replace its decision the Court, if it is unknown or if the beneficient
cannot be beneficientovo opinion in time to find out. This is true even if the
beneficient refuses consent without for it has just reason.
Subsection 2
Simple management of foreign assets
Section 1405
Who performs a simple foreign asset management, is all that is necessary to
its conservation.
§ 1406
The administrator applies to the simple administration of all rights relating to the
managed asset and it is running properly. The administrator may not, without
the beneficiary's consent to change the purpose of the managed assets.
§ 1407
If the administrator manages the funds must make prudently.
If it was something from managed assets spent in a particular way before
the administrator can later change the method you have chosen.
section 1408
(1) the administrator may dispose of assets managed something, if it is in the interest of
preserve the value, nature and purpose of the assets, or if it is
necessary for the payment of the debt with this property; otherwise, just
the consideration. For the same purpose, the administrator can stop the managed assets
or otherwise use as assured. These legal acts administrators must
to grant the consent of the beneficient.
(2) consent to the transfer of the assets of the administrator doesn't need threatening to him quick
destruction or if it is likely that quickly loses its value.
Subsection 3
Full management of foreign assets
§ 1409
To whom is entrusted to the management of foreign assets, full of cares about its proliferation and
in the interest of the beneficiary.
§ 1410
The administrator can managed property do whatever is necessary and
useful.
Section 2
Management rules
Subsection 1
The obligations of the administrator against the letter of
section 1411
Fiduciary carries out its responsibilities and duties with care
the ordinary householder.
§ 1412
(1) If more of the beneficiaries, either simultaneously or subsequently, the administrator must
to act impartially towards all and take account of their respective rights.
(2) if the administrator beneficientem himself, must take on its own interests, the same
into account the interests of the beneficiaries as to the other and to carry out its activities
in the common interest.
section 1413
If you are not on the interest or right resulting from the legal acts of the
the Administration was established, the administrator of the letter and the person who
oversees the administration of the property or the interest of the beneficiary, without undue
delay notify
and their interest in) any business or activity that tracks securities
pacatang, who could find themselves in conflict with the interest of the beneficiary, and
(b)), which each right could assert against the letter or
regarding the assets.
section 1414
The administrator keeps reliable records of the managed assets and may not mix
your own property with property under their administration.
section 1415
(1) the administrator may become a party to the contract relating to the managed
property, contract to acquire the right to acquire the assets or the right to
only with the consent of the beneficiary letter.
(2) the administrator may use the managed property or information obtained in the
manage for their benefit only with the consent of the beneficiary, unless the
the possibility of such use of the statutes or other agreement, or if the
so the law.
section 1416
The administrator can free of charge transfer in trust assets only if it is
right in the nature of the administration or, if it is about the assets of negligible value,
the administrator, in order to deprive the beneficiary or in conformity with the purpose of
Administration.
section 1417
The administrator shall stipulate that the property damage caused by force majeure, aging or
another natural development and normal wear and tear when the proper use.
section 1418
The Court may, when determining the scope of compensation Manager compensation cut just
taking into account the circumstances under which it was taken, or if the management
the administrator performs the Administration free of charge, or if the minor administrator
or if his patient is limited.
Subsection 2
Obligation to the administrator and the beneficiary towards third persons
section 1419
(1) the obligation shall arise for the personal Manager of the undertaking, which he with another
the person on the account of the beneficiary. This is true even in the case if it is obvious, that
the administrator is acting on behalf of the Trust Fund.
(2) if the administrator, in the exercise of their jurisdiction, on account of the beneficiary
on their own behalf, is obliged along with the beneficientem; After the letter of
You can, however, request the performance of managed assets. This also applies in the
If the administrator had acted on behalf of the Trust Fund, though it was not
the obvious.
section 1420
If the administrator of the area, is from their actions personally
thanks. However, if the relying third party in good faith on the proper performance of
správcovy the scope of, or confirm if the beneficient, even if only tacitly,
a legal hearing, the administrator, and the administrator are bound together and beneficient
severally liable, however, after the implementation of the letter can be requested only from
managed assets.
section 1421
Manager exceeds its jurisdiction if it myself, even though it had
jointly with another person; This shall not apply if this procedure
obtained for the managed assets of greater benefit than what is supposed to be from him
released.
section 1422
Pretending to be a svéprávný to a third person, that other person is the administrator of his
assets arise from contracts concluded in good faith with this person
Parties to the same obligations as if the property was under the předstírajícího
the administration.
Subsection 3
Inventory, security and insurance
§ 1423
(1) the administrator shall draw up an inventory, we can guarantee for the proper performance of the administration or
insure the property in trust, shall determine if the statutes or other agreement or
When provided for in the law.
(2) on the proposal of the beneficiary or other person who is on the legal
interest, the Court may order the administrators of the obligation under paragraph 1 at the discretion of the
the value of the assets, the position of the parties and other circumstances
case. The proposal cannot be accepted if it is contrary to the Treaty on the establishment of management
concluded between administrator and beneficientem.
§ 1424
(1) if the Administrator Is required to compile the inventory, indicating a true and accurate
the list of assets covered by the administration including a list of relevant documents.
(2) the personal effects that are included in the inventory can be described only in General,
unless things between them are not negligible values.
§ 1425
It is considered that the property described in the inventory is, at the date of the Assembly
the inventory is in good condition.
section 1426
Inventory Manager delivers a who managing commissioned, letter and
a person, for which it has been agreed or determined by law. Beneficient or
any other person who has a legal interest in it, has the right to argue
the incorrectness of the inventory in any item or ask the Assembly
the new inventory.
section 1427
(1) the administrator is authorized to underwrite the cost of managed asset on the
the beneficiary against common risks.
(2) the administrator has the right to insure their assets responsibility from management to
the cost of the beneficiary, if the Administration free of charge.
Subsection 4
Joint management
section 1428
Several of the administrators responsible for joint administration decides and is mostly
the votes cast, unless the contract specifies otherwise or the law provides. It is considered that the
each of the joint administrators have one vote.
section 1429
(1) If a mutual Act pursuant to section manager 1411 for an obstacle
caused by legal events for continuing inaction or continued resistance
any administrator, or another similar reason, other
administrators decide and act independently in matters needed to
maintaining the status quo. On other issues, they deal with
the consent of the Court.
(2) if the condition referred to in paragraph 1, the Court may decide, on a proposal from the person
that it has a legal interest in that administrators can decide and act
in a different way than § 1428, that one of the administrators will have
the decisive vote, or to decide on the next administration's performance in another way
proportionate to the circumstances of the case.
section 1430
Of common administration, administrators are bound jointly and severally liable, unless the
the law provides otherwise.
Section 1431
(1) unless one of the joint administrators of other administrators without
delay, that with the decision, and if that fails, without undue
the delay letter, it shall be deemed that the decision approved.
(2) if the joint administrators have accepted the decision, in the absence of any of the
them, it is considered that, absent a decision approved, if your
the opposition has not announced the other administrators and letter without undue
delay after he learned about the decision.
Subsection 5
Prudent investment
section 1432
The administrator decides on investments with respect to the proceeds and the anticipated
profit; If possible, allocates the investment risk, to
such a ratio between fixed income and moving the proceeds, that reasonably
corresponds to the economic conditions.
section 1433
Administrators are prohibited for the beneficiary to acquire more than 5% of the shares of the same
of the issuer. The administrator also prohibits the take for the beneficiary share,
a bond or other security become the person who infringed the
the obligation to pay from the bond yield; such a person may not even Manager
to provide the loan.
section 1434
The administrator can save the managed funds on account with the Bank,
a foreign bank or thrift and credit cooperatives with options
their choice on demand or within 30 days.
section 1435
Investment recover before they took over the Administration, the administrator can maintain,
though it was not prudent.
Subsection 6
Bill
section 1436
(1) the administrator shall submit the letter of the Bill the Administration at least once a
year. If several administrators, shall submit to the joint statement, unless
given the distribution of their scope of contract shall designate or the law provides
something else.
(2) the Statement must be detailed, in order to ensure its
the accuracy of the.
section 1437
Letter of Manager will allow at any time to review the books and documents
concerning the management of and provide it with the necessary information upon request, as is
guided by the management.
Section 3
The end of management
section 1438
The activities will end with the resignation of Manager, citing restrictions, mom
a person not yet an insolvency administrator or certificate.
section 1439
The administration shall cease on the expiry of the period for which it was established, the achievement of the purpose of the
or the demise of the beneficiary rights to the managed assets.
section 1440
(1) if the administrator declares that withdraws from Office, his obligations
the delivery of the Declaration of withdrawal to the person authorised to summon a new
the administrator, unless this declaration applies the withdrawal at a later date.
The administrator shall forward the Declaration of withdrawal to the other administrators,
letter and who exercises supervision over the administration.
(2) the administrator shall not withdraw from the Administration at the wrong time, or otherwise
resignation to break their obligations to properly manage, otherwise replace the damage
According to the fourth part of this law.
section 1441
Who established the administrator, it may revoke the written representations
the form.
section 1442
A legal hearing, who acted as an administrator in good faith, that the Administration
not yet over, the beneficiary undertakes to. The beneficiary undertakes to legal
conduct of a person who ceased to be an administrator, if the other party has acted
in good faith, that the Administration takes.
section 1443
When the end of the administration shall take the administrator with the effects of the zavazujícími the beneficiary
everything is whereas the need or what is necessary in order to avoid losses.
§ 1444
(1) if the administrator dies or ceases to exist, notify the person who has the obligation to
arrange the Affairs of the správcovy, without undue delay after the
správcově of death or disappearance, the demise of the Administration finds out who the administrator
the Administration commissioned, as well as the letter and the other person, of which it was
agreed or provided by law. This is true even if the lapse to manage
Therefore, the administrator was in mom.
(2) who has the obligation of notification under paragraph 1, it shall take all of what is otherwise
authorised or obliged to do so when the demise of the Administration Manager.
section 1445
The administrator shall submit a letter in their administration of the Bill.
Bill and submit to the administrators, who plays in his place.
The provisions of § 1426 and 1427 shall apply mutatis mutandis.
section 1446
(1) the administrator when their forwards managed asset management letter
or newly emerging managers in the place where such property is situated,
unless it is agreed otherwise.
(2) the obligation to pass the managed assets include the release of all that
administrator for the beneficiary during the Administration, including refunds, to which
the administrator is obliged according to the previous provisions.
§ 1447
To the property, which is required to issue a retention Manager has the right to
securing its receivables from management. If, however, the administrator may issue a cash
the resources reallocated their eventual claim against mutual
claim beneficiary.
Section 4
Trust Fund
Subsection 1
The term of the Trust Fund and its formation
section 1448
(1) Trust Fund creates an asset property
the founder so that the administrators entrusted assets for a specific purpose by the Treaty
or acquisition for the case of death, and the trustee shall undertake this
to hold and manage assets.
(2) the creation of the Trust Fund separate and independent ownership arises
the selected property and the trustee is required to take this
the property and its administration.
(3) ownership rights to the assets in the Trust Fund carries out its own
on behalf of the trustee for the account of the Fund; the assets in a trust fund
However, neither the property nor the property manager of the founder, nor
the property of the person to be bottled from the Trust Fund.
section 1449
(1) the purpose of the Trust Fund may be beneficial to the public, or private.
(2) Trust Fund set up for private use to the benefit of certain
person or on its memory. This Fund can be set up for the purpose of
investing for profit available for distribution among the founders,
employees, partners or other persons.
(3) the main purpose of publicly beneficial trust fund cannot be
achieving the profit or the operation of the plant.
section 1450
(1) the Trust Fund shall have its own designation.
(2) the designation of the Trust Fund must represent its purpose and contain
the words "Trust Fund".
section 1451
The Trust Fund when the trustee receives the credentials of his
the Administration; If the trustees more, it is sufficient if the credentials shall take
at least one of them. He was, however, a trust fund established for the acquisition
the case of the death of the testator's death,.
Section 1452
(1) Every Trust Fund must have a statute. The status of the Trust Fund
issued by the founder. Where is the trust fund the acquisition case
the death, shall apply mutatis mutandis to section 311.
(2) the Statute contains at least
and the Trust Fund, marking)
(b) the designation of the assets) consists of the Trust Fund at its inception,
(c) the definition of the purpose of the Trust Fund),
(d) the conditions for the execution of) the Trust Fund,
(e)) an indication of the duration of the Trust Fund; If it is not listed,
Fund was established for an indefinite period, and
(f)) is to be filled from the Trust Fund to a person as obmyšlenému,
identify this person, or how obmyšlený will be designed.
(3) the statute requires the form of a public instrument.
Subsection 2
The administration of the Trust Fund
section 1453
(1) the trustee may be any svéprávný person.
(2) a legal person may be the trustee, if the law.
section 1454
Under the conditions specified in § 1453 may be the trustee and the
the founder of the Trust Fund or the person to be of a trust
the Fund has been performed. In this case, however, must have the Trust Fund next
the trustee, which is a third person, and administrators must legally
act together.
§ 1455
(1) the trustee shall be appointed and dismissed by the founder. The founder may
in the specify a different method of appointment or revocation of trust
administrator.
(2) on the proposal for a person who has a legal interest in it, called the trust
the administrator of the Court, if it is to appoint the person within a reasonable time
or if it cannot be set up in accordance with paragraph 1.
§ 1456
Svěřenskému administrators belong to the full asset management in a trust fund. To
the public list or in other records of the trustee writes
as the owner of the assets in a trust fund with the note "trust
the administrator ".
Subsection 3
Obmyšlený
Section 1457
(1) the founder has the right to appoint and designate him an implementation of
the Trust Fund, unless the status of the Trust Fund determines something else.
(2) if the founder of the rights referred to in paragraph 1, shall appoint an
and he shall determine the performance of the Trust Fund trustee. If this is about
the trust fund set up for private purpose, the trustee
to do this right, if a statute specifies the range of persons, from which you can
an appoint.
(3) Obmyšlenému may be granted the right to the fruits or benefits from the trust
Fund or the right to the assets of the Trust Fund, or shares in the
them.
section 1458
(1) who is hereby authorized to designate or specify an execution of his
the Trust Fund, in accordance with the Statute and its own discretion. Can
change or cancel its decision, under the conditions specified by statute.
(2) No person is authorized to designate or specify an execution of his
Trust Fund for their own profit.
section 1459
An implementation of the law on trust fund arises under the conditions
designated by statute.
section 1460
(1) If a trust fund set up for private purposes, a right
no later than the end of filling an hundred years since the inception of
the Trust Fund, and that even if the Statute determined later. Even after the
end of the hundred years, however, may give rise to the right to the performance of the obmyšlenému,
that is according to the Statute to get a share of the assets at the latest when
the demise of the last rights or benefits, as well as the obmyšlenému
the man, who was a founder of the zakladatelovým or child
or his contemporary, if according to the Statute of the Board no later than at the
the death or disappearance of an earlier order to next
order to grow fruits or benefits; After a period of his life can together with him
to acquire the fruits or benefits and other persons.
(2) where a trust fund set up for private purposes, eliminated the right of
an on the fruits or benefits no later than the end of the hundred years since the inception of
the Trust Fund; in humans, however, such a right may take until his
death.
Section 1461
(1) For the duration of the Trust Fund has the right to demand obmyšlený in concert
the Statute of the respective implementation.
(2) the Obmyšlený of the Trust Fund established for the purpose of private rights
in accordance with paragraph 1 may waive the representations in the form of public
of the Charter.
section 1462
If it was about the right to the fruits or benefits, and if there is no other obmyšlený, on
that such a right could go, on may, to whom it belongs
the right to the assets of the Trust Fund.
Subsection 4
Supervision of the administration of the Trust Fund
section 1463
(1) supervision over the administration of the Trust Fund shall be exercised by the founder and person
designated as an, where appropriate, other persons, if such a statute.
(2) in the cases provided for by law, shall supervise the administration of the Trust Fund
any other person or group of persons, or the public authority.
§ 1464
If the Trust Fund established for the benefit of an, that on the day of creation
the Fund is not yet, or that on the day of the formation of the Fund cannot be determined, shall be appointed by
the founder of the person authorized to supervise the administration of the Trust Fund in
an interest. If this is not possible, or if the founder is idle,
such person shall be appointed by the Court on the proposal of the administrator or whoever it is
interest.
§ 1465
(1) the trustee shall deliver without undue delay, who has the right to
the supervision of the administration of the Trust Fund in accordance with the law, notification, in which
shall at least indicate the purpose and duration of the Trust Fund and its
the name and address. Notification is not required, if they are really a person
authorized to supervise already known.
(2) at the request of the person who has the right of supervision over the administration of the Trust Fund,
allow the trustee of a trust fund to a documentary check and submit
He requested the statement, report or other information.
section 1466
(1) the founder, obmyšlený, or other person having legal
interest, the Court may propose that a Meeting Manager svěřenskému
order or prohibit, or to the trustee appealed or
his name was new. These persons may also invoke the nullity of legal
the negotiations, which harms the Trust Fund Manager or right
an; However, if acquired a third person a right in good faith, it shall not
lead to her injury.
(2) the Court shall instruct the person referred to in paragraph 1 on its proposal for the commencement of
or by proceedings in the interest of the Trust Fund instead of the trustee
and on his behalf, if the trustee without sufficient reason, idle.
section 1467
Attending to the trustee, the founder or obmyšlený offences
pursuing a deliberate damage to the rights of a creditor or zakladatelova
damage to the Trust Fund, they are committed to jointly and severally.
Subsection 5
Changes to the Trust Fund
section 1468
Who will increase the assets of the trust fund agreement, or the acquisition of a case
death, not its founder. Assets acquired as follows subject to manage
According to the Statute and the law.
section 1469
(1) the Court may, on application of the person who has a legal interest in it, decide
that the Trust Fund be withdrawn if it is achieving the purpose of the Trust Fund
impossible or difficult to be reached, in particular as a result of circumstances
the founders of unknown or unforeseeable for the founder. If this is
a trust fund established for the purpose of public interest, the Court may
decide that his original purpose, replacing the similar purpose.
(2) If, in accordance with the original intent of the founders of the purpose of the trust
the Fund reach or better benefit by changing the Statute of the Court, the Statute of the Fund
adjusts.
section 1470
Prior to a decision pursuant to section 1469, the Court shall request the opinion of the founder's
or his legal successor, the trustee, and an
who over the administration of the Trust Fund belongs to the supervision, if they are not
the applicant.
Subsection 6
The demise of the Trust Fund
section 1471
If the time at which the Trust Fund was established, if it is achieved
the purpose for which it was established, the Trust Fund, or if the Court so decides,
the administration of the Trust Fund ends. If the trust fund set up for the
private purpose, ends his administration and, in the case that all
give up the right to absolutely claim identification performance of the Trust Fund.
section 1472
When the demise of the administration of the Trust Fund shall issue to the trustee property
who has the right to it. It is considered, that the property has the right to
obmyšlený, and, if not, the founder of the Trust Fund; If none of the
them, I find the property to State ownership.
section 1473
(1) shall cease if the administration of the trust fund set up for the public interest
the purpose, therefore, that this purpose could not be filled, the Court decides on a proposal from the
the trustee, that the property will be converted into another trust
the Fund or to the ownership of legal persons pursuing the achievement of the purpose of,
that is as close as possible to the original purpose of the Trust Fund. Before
the release of the decision, the Court shall request the opinion of management
the Trust Fund belongs.
(2) the decision referred to in paragraph 1 may be issued, if the Statute
the Trust Fund, as it should be with the property when the demise of the Trust Fund
loaded.
section 1474
If a trustee shall be disposed of in the demise of the administration of the assets according to the Statute,
where applicable, if the assets under section 1472 or converts to it pursuant to section
1473, trust fund.
TITLE III
PROBATE LAW
Part 1
Right of survivorship
section 1475
(1) the succession law is the right of survivorship or a proportion of it.
(2) the form of the testator's estate fortune, in addition to the rights and obligations
bound exclusively on his person, unless they have been recognised as debt or
applied to public authority.
(3) to whom belongs the right of inheritance, is heir to the estate, and in relation to the
the heirs of the heritage.
section 1476
Inherits from the contract on the basis of inheritance, of a will or by operation of law. These
the reasons can be next to each other.
section 1477
(1) a receivable is established by reference to odkazovníku to release certain things,
where appropriate, one or more things of a certain type, or on the establishment of a
a specific law.
(2) Odkazovník is the heir.
section 1478
For the heir, or you can call odkazovníka and a legal person that has
only arise. This legal person is eligible heir or
odkazovníkem, if within one year from the death of the testator.
Heritage idea
section 1479
Probate law arises in the death of the testator. Who dies before the deceased,
or at the same time, it does not inherit.
section 1480
Inheritance law, which has yet to arise, you can only renounce; cannot be
transfer or otherwise deal with it.
Inheritance of ineligibility
§ 1481
Of succession law is excluded, who have committed a crime of the nature of intentional
the crime against zůstaviteli, its front, child or husband
or zavrženíhodného crime against the testator's will, in particular,
by the testator to the last will of the forced or seduced, the artfully
the speech will last zůstaviteli forestall or his latest acquisition
hide, faked, podvrhl or intentionally destroyed, unless the testator to him
This Act explicitly pardoned.
section 1482
(1) If on the day of the death of zůstavitelovy the procedure for divorce
launched on zůstavitelův the proposal brought on due to the fact that the husband
committed the crime against zůstaviteli implementing characters of domestic violence, it is
zůstavitelův husband is excluded from succession law, as the legal heir.
(2) If a parent deprived of parental responsibility, therefore, that it or its
the performance of the abused or that the exercise of parental responsibility from their own guilt
seriously neglected, is excluded from the succession rights of the child
in accordance with statutory succession.
§ 1483
A descendant of the person who is excluded from succession law, in legal
succession in his place, even though the excluded survives
the testator. This does not apply in the case provided for in section 1482, paragraph. 1.
section 1484
Disclaimer of inheritance law
(1) the succession to advance to renounce the Treaty with the deceased;
If not otherwise agreed, the disclaimer and exerted against the descendants. Who deny
inheritance law, disclaims the right to the required volume; who, however,
deny only the rights to the mandatory part, it does not waive the right of inheritance
in the sequence.
(2) if someone renounced the succession in favour of another person, it is considered
that waiver shall apply only if the person is an heir.
(3) the Treaty requires the form of a public instrument; the rights and obligations of her
However, they can be discarded if the Parties shall comply with the written form.
Denial of heritage
section 1485
(1) the heir has the right to refuse after the death of the testator's heritage; the Contracting
the heir, however, only if it is not an inheritance Treaty. Refuses to
Heritage nepominutelný heir may refuse, subject to the heritage
the mandatory part.
(2) an agent may declare that the heir to the legacy of rejects, or
not opposed, or that heritage accepts, only if it is under the power of Attorney
expressly authorized.
section 1486
If he refuses the heir of the legacy, staring at him, as if the legacy of never
was restless.
section 1487
(1) denial of heritage requires an explicit declaration to the Court.
Heritage can reject up to one month from the date when the Court of the heir
about his right to refuse to understand heritage and on the consequences of the refusal;
If the heir has the only residence abroad, the time limit for refusal
the heritage of three months. If there are important reasons for it, the Court of the heirs of the period
to reject the heritage be extended accordingly.
(2) the expiry of the right to reject to reject the heritage heritage
shall cease.
§ 1488
If the heir dies before the expiry of the time limit for refusal of inheritance, the
his right to refuse inheritance on his heir and perish before
the heirs of the deadline to reject the heritage after previous heirs.
section 1489
(1) the refusal of the heir to the legacy of the condition with or just
in part, it is a rejection of the legacy of the void.
(2) to reject the heritage shall be disregarded, if the heir has already put its attentions
it clear that he wants to accept the legacy. No to the expression of will,
which heir revokes his declaration that the heritage, or not opposed to,
or that heritage accepts.
section 1490
Waiver of inheritance
(1) the heir to that legacy has refused, it can before the Court in the proceedings of the
heritage give up in favor of the second heir; If so nepominutelný
the heir to the law on compulsory part with effect for their
the descendants. If the second heir shall apply, mutatis mutandis, the provisions of section
1714 to 1720; If, however, the renunciation of inheritance shall be disregarded.
(2) if the heir, who is burdened with the legacy of gave up command, regulation
a reference or other measures, which according to zůstavitelovy will may and has
meet the just person, does not relieve the obligation to comply with such measures.
Part 2
The acquisition, in case of death
Section 1
General provisions
section 1491
Acquisition for the case of death, inheritance contract or codicil.
section 1492
The acquisition of death cannot be shortened mandatory part nepominutelného
the heir, the rights on the mandatory part out and if not to
dispossessed. If the acquisition for the case of death, belongs to the
nepominutelnému the heirs of a mandatory part.
section 1493
(1) if the testator Made for death at a time when he was in the care of
the device, which is to provide health care or social services, or when
otherwise accept its services and called for an heir or odkazovníka
a person who manages or such device is employed or in
it otherwise operates, is a profession of such persons for the heir or odkazovníka
invalid, unless it happened to wills made in the form of public documents.
(2) if the testator Could after their care after such device or
end of the period, when otherwise accept its services, without difficulties buy in
the form of public documents, paragraph 1 shall not apply, in respect of invalidity of the
wills or listed.
Section 2
Last will and Testament
Subsection 1
General provisions
section 1494
(1) the will is a revocable Act whereby the testator, in case your
the death of the person zůstavuje to one or more persons at least a share of the
estate, or even a link. If it is not obvious that the day, month and year
the will was drawn up and took the deceased more wills, which
contradict or otherwise depend on the legal effects will determine the time
its acquisition, the will is invalid.
(2) a will is to be interpreted so that it was the most satisfied will
the testator. The words used in the will shall be interpreted in accordance with their normal
meaning, unless it is established that the deceased's habit of teaming with certain
Special expressions, each its own meaning.
§ 1495
Pointing to the testator in the will on the contents of the other instruments, the other
Charter of the same legal effects, if it complies with the conditions of the will.
If it is, its contents can be used only to illustrate
zůstavitelovy will.
section 1496
The right to summon an heir is the personal law of the testator. The testator cannot
the profession of heir to entrust to another, or get together with another person.
§ 1497
The testator must demonstrate their will so definitely, that is not enough to just
He said the proposal, which was made for him.
§ 1498
Sting in the tail
The testator can set order link, provide odkazovníku or
the heirs of a condition, or show the time or save odkazovníku or heirs of
command. What is provided for by the will, shall apply mutatis mutandis also listed.
Připadnutí the estate to heirs
section 1499
The heirs of the entire estate falls, is called as heir.
If the Member who is the heirs of zůstaven just share, falls the rest of
the estate of the legal heirs.
section 1500
(1) where it is called several heirs and shares are not specified, have the right to
the inheritance equally.
(2) If several heirs called on so that they are all determined by the shares, but
the inheritance is not exhausted, have the right to the remaining part of the estate of the
legal heirs. This right to legal heirs do not have, had left the
the testator's estate to the heirs a seem to be a fair, even when the enumeration
shares or things missing something.
§ 1501
(1) shall be assessed by one of the heirs of the deceased servicemen and certain shares
another not, falls to the heirs without the ability to share the rest of the
the inheritance equally.
(2) if anything will be left, collides with the for an heir, which was drafted without the share,
quite of all assessed shares so much, that he had received the share
equal with the heir, which was inflicted at least. If the shares are
the other heirs of the same, collide with one of them so much, that the heirs of that
was established without the share, got a share of the same with them.
§ 1502
In all cases where the deceased apparently přepočetl, shall be
the Division so that his will was filled with the best.
§ 1503
(1) if there are between the heirs of the person asked when socialising legal
the inheritance of the sequence relative to the other for one person,
one person even when partitioning by wills; This shall not apply if it is the will of the
the deceased apparently opposite.
(2) if the testator Calls for heir without the specified group of individuals has
It is considered, that the heirs are those who belong to a specified group in the time of the
zůstavitelovy death.
(3) if the testator Calls for heir without the specification of the poor or similarly
the specified group of people, it is considered that the heir was called village, on
whose territory the testator had the last place of residence, that heritage uses
in favour of a specified group.
Relaxed share
§ 1504
The share of heir, which does not inherit, and does not have an alternate, and itself
in proportion to the shares of the other called heirs only if they are
all heirs called to the succession either equally or General
the term meaning equal podělení.
§ 1505
(1) the right to the increment does not have one who has been zůstaven the heritage
the share.
(2) if some heirs called to share with and the other without such a
determine itself loose market share to those who are called without a share.
section 1506
With a share of succession devolves on the who itself, limiting the
associated with it, unless the testator manifested the will that this restriction
apply only to the person of the conclusion of the heirs, or if it's the nature of
things.
Náhradnictví
section 1507
The testator may, in case the inheritance shall not become the person you called
for the heir, to call this person; also alternates may call
gradually the other alternates. Calls to the deceased as follows several
alternate members, inherits the one that is nearest to the person in the enumeration, which heritage
entered into.
§ 1508
If the testator shall establish náhradnictví for the case that the authorized person inherit
She didn't want to, or for the case could not inherit, it is considered that the
náhradnictví was set up for both of these cases.
§ 1509
Limitations imposed by the heirs of affect also the alternate, unless the testator
He showed the will, that these restrictions apply only to the person of the heirs, or the
If it's the nature of things.
§ 1510
If they are called spoludědicové for alternate themselves, it is considered that the
the deceased wanted to share in this proportion, replacements in which they share
the heir. If, however, a substitute called out someone else spoludědice
another, then do not take effect if the testator another will fall loose market share
all equally.
section 1511
(1) if the heir Takes called heritage, náhradnictví.
(2) if the testator does not take effect for another will disappear náhradnictví, which
the testator has set up their child at the time, when not descendants, leaving the
This child is the offspring of the eligible to inherit. This is true even if you establish a
deceased náhradnictví another of his child at the time, when the descendants of the
It does not have.
Trust succession
§ 1512
(1) a Testator may order that the heritage has to go after the death of the heir or
in certain other cases, the trust's successor as the subsequent
the heir. Profession, for the trust is considered to be the successor of the well for the profession, for
the surrogate.
(2) if the zůstavitelovo regulation to the extent that the indeterminate, that cannot be determined,
whether called an alternate, or trust his successor
the regulation for the profession.
section 1513
Calls to the testator to his heirs, heirs, heirs, to disables to
zanechaném fortune, took the call if the heir of someone who at the time of
the death of the deceased is not yet, or calls to the heirs with prerequisite or
for a certain period, it shall be considered for the establishment of the trust the succession.
Section 1514
If they are all svěřenští of the successors of zůstavitelovými contemporaries, not
limited series, in which one after the other to svěřenští successors to follow.
§ 1515
(1) If a company called more successors, some of whom at the time
the death of the testator, as people do not yet exist, the trust ceases to exist
succession, when the assets of the trust takes the first successor of those
who were not zůstavitelovými contemporaries.
(2) no later than the end of the Trust expires, the succession a hundred years from the
the death of the testator, even when ordered to a longer period. However, where the trust
the successor to acquire heritage at the latest on the death of the heir living in time
zůstavitelovy death, the trust expires, the succession to the first of the
company the successors will take after this legacy heirs.
section 1516
Trust succession also lapses if it is not already, none of the
company or successors, unless there is a case for which it was established.
§ 1517
If the testator trust called the successor of his minor child
nezpůsobilému make and takes the child, then the unit capacity
lapses in the scope of the statutory trust succession.
§ 1518
If there is no obvious other will of the testator, the trust expires, the succession,
that the testator has set up their child at the time, when not a descendant,
If the child leaves a child eligible to inherit. This is true even if you establish a
the testator trust succession to another his son at a time when the
child does not.
§ 1519
If the testator trust called the successor of a person who is not eligible
take mom to the limit, the trust shall expire and the succession
forever, if the person takes the cost eligibility, unless the testator
He showed a different will.
§ 1520
(1) if requested, it shall draw up a successor to the heir of the trust, without undue
delay and his presence in the written form of the inventory of everything
by inheritance acquired, indicating the day of the Assembly, and shall deliver him svěřenskému
the successors. At the request of the trust shall be the successor of the heir to the
inventory of officially certified.
(2) the trust's successor has the right to request the Assembly of the inventory in the form of
public documents.
(3) cost of inventory is charged to build a legacy.
§ 1521
He deceased in a regulation of the trust the succession of heirs
the right to freely dispose of heritage, is heir to the right of ownership to do what
acquired by inheritance, as well as what became the replacement for the destruction, damage
or withdrawal of things from heritage, limited to the rights and obligations of the beneficiaries.
This does not apply, if the matter of heritage stripped or loaded for the purpose of payment
zůstavitelových debt.
§ 1522
(1) if the testator when He regulation of the trust the succession of heirs
the right to dispose freely, with the heritage may dispose of or encumber the heir a thing of
What inheritance, acquired only with the consent of the trust's successor; the assent of the
requires a form of public documents.
(2) if it is given the proper care of the householder needed thing to encumber or
to dispose of, the Court may, on a proposal from the heir to the consent of the trust's successor
replace. If the Court decides that the thing will be loaded or stripped for
consideration, to determine how to dispose of the proceeds; taking into account the
the legitimate interests of the trust.
§ 1523
It belongs to the heritage thing bringing fruits or benefits, the trust
the successor to the request that the Court laid down the method and scope of the heirs
management of affairs or the consumption of things.
section 1524
(1) write to the thing and its owner to the public list, writes,
the public list i trust succession. If the thing and trust
the succession to the public list written and maintained by the heir with the things
you took of the heritage, the way of stymieing or restrictive rights
the trust, without trust agreed with the successor, it has
the successors of legal effects to svěřenskému.
(2) If a thing or trust the succession entered into the public
the list and shall be disposed of if the heir with the things that you took from the heritage way
stymieing or restrictive rights trust successor, without it
the trust, the trust has agreed successor successor right to sue
According to the provisions of the relative ineffectiveness of the Court to declare that legal
the hearing is not an heir to it legally effective.
The acquisition of ineligibility
§ 1525
Nesvéprávný is not eligible to take, except in the cases referred to in
§ 1526 to 1528.
§ 1526
Who have completed 15 years of age and has not yet regained full, mom, can
take without the consent of the legal representative in the form of public documents.
section 1527
Who was limited in the mom that is not likely to take, may
yet validly edit in any form, if it is healed to the extent
It is able to manifest their own faith.
section 1528
(1) a person who was in mom, it can within the constraints to take only
by means of a public instrument.
(2) who was in for sick mom limited dependency on consumption
alcohol, the use of psychotropic substances, or similar products, or poisons
or morbid addiction to gambling passion that represents a major
mental disorder, may in the range restrictions to take in any of the prescribed
form, but not more than about half of the estate. The remaining part of the
the estate passed on to the legal heirs; If, however, as the legal
heir to inherit only the State can take on the entire estate of the deceased.
The effects of the error
section 1529
A substantial mistake causes the annulment of the provisions of the will of the testator,
to which they relate.
Section 1530
(1) a mistake is essential, if a person that is something zůstavuje, or
share or things that are zůstavují, or the essential characteristics of things.
Properties are significant, it is clear that the testator in his will so
failing, if in them was wrong.
(2) the provisions of a will is valid, if it proves that the person or thing has been
just incorrectly described.
§ 1531
Determined by the testator's will, if only on the mistaken motive causes
annulment of the provisions of the will, which concerns.
Subsection 2
Form of wills
§ 1532
The written form of wills
A will requires the written form, unless it was taken with the concessions.
Will taken a private Charter
§ 1533
Who wants to take in writing without witnesses, writes a testament
with his own hand and signed with his own hand.
section 1534
Last will and Testament, written by the testator's own handwriting, must own hands
sign and two witnesses present at the same time expressly declare that
the Charter contains his last will.
Section 1535
(1) if the testator Is blind, will take effect three
at the same time present the witnesses in the Charter, which must be read aloud
a witness, who did not write a will. The testator before witnesses confirm that the Charter
contains his last will.
(2) if the deceased person with sensory disabilities and cannot read
or write, will take effect before the three witnesses present at the same time
in the Charter, whose content must be tlumočen in a special way
communication, which the testator chooses, a witness, who did not write a will;
all witnesses must control the way of communication, which is the content of the
instrument tlumočen. The testator chosen way of communicating in front of witnesses
confirms that the Charter contains his last will.
section 1536
(1) in the wills made by persons with sensory disabilities, who cannot read
or write, let it be noted that the testator cannot read or write, who
will wrote, who read it or interpreting and the manner in which the testator
confirmed that the Charter contains his last will. If the content of the tlumočen
a special way of communication, it shall be given in the Charter, including the data,
What method of communication chosen by the testator.
(2) the instrument shall be signed by the testator as well; Unable to write, the section 563
Similarly.
Will taken a public Charter
section 1537
The testator can manifest the will on the public list. Takes a
will the person in the form of a blind or a person with sensory disabilities,
that cannot read or write, shall apply, mutatis mutandis, to section 1535.
§ 1538
Who's in charge of a public instrument of wills, satisfied that the speech
will going on with care, seriously and without coercion.
Witnesses of the will
§ 1539
(1) Witnesses will participate in the making of the will in such a way that they were with the
confirm that the deceased and the acquirer are one and the same person. Witness
the instrument is signed containing the last will and Testament; the signature usually connects
a clause referring to the property as a witness and information, according to which
It can be detected.
(2) the Witness cannot be a person nesvéprávná, or a person who is not experienced
the language or mode of communication, in which the Act is.
section 1540
(1) the heir or odkazovník is not qualified to testify about what he
zůstavuje. As well, the person is not eligible to be a witness to the heirs or
odkazovníkovi nearby, or employee of the heir or odkazovníka.
(2) the validity of the provisions of a will made in favour of some of the persons
referred to in paragraph 1 shall be required to the testator wrote custom
hand, or to the three witnesses.
section 1541
The provisions of section 1540 shall apply mutatis mutandis and for whom the testator has called for
the executor of the will or wills when acting as a writer,
předčitatel, translator or official person.
Relief in the making of a will
Section 1542
(1) who is for a sudden event in patrném and imminent danger
life, has the right to edit will orally before the three at the same time present
witnesses. The same right is also the one who is in the place where it is normal
social intercourse crippled as a result of the incident, and could not be when
reasonably require, that he made in a different form.
(2) the Pact if witnesses record of the testator's will, will be
the reason for this succession of judicial Protocol on the questioning of witnesses.
section 1543
If there is reasonable concern that the testator died before he could take
last will and Testament in the form of an authentic instrument, it can record his last will
the Mayor of the municipality in whose territory is situated the testator in the presence of
two of the witnesses. Under the same conditions, a record zůstavitelovu last
the will and the one who is under another piece of legislation is entitled to exercise
the powers of the Mayor.
section 1544
(1) if the testator for a serious reason, may on board a maritime
vessels flying the flag of the Czech Republic or aircraft
registered in the register of the Czech Republic to record
zůstavitelovu the last will in the presence of two witnesses, the master
a maritime vessel or aircraft, or its representative, if he
do care about the safety of navigation or flight. The validity of a will cannot be
to deny the fact that the deceased did not have the will to make serious reason.
(2) If a will has been taken in accordance with paragraph 1 on board
and maritime vessels, logs) that the master in the logbook and the will without
undue delay transmit the representative office of the Czech Republic, which
It is the closest port to which the naval vessel, the shipowner or
a public authority which is a maritime vessel registered in the maritime
the register, or
(b)), the Commander of the aircraft in a logbook and transmit without a will
undue delay, the representative office of the Czech Republic, which is
nearest to the place where the plane landed abroad, where appropriate, the authority
public power, in which the aircraft is registered in the register.
section 1545
(1) when participating in the armed conflict and military operations can
record the last will of a soldier or other persons belonging to the armed
the forces of Commander of the military unit of the Czech Republic, or any other soldier in the
the rank of officer or higher in the presence of two witnesses. If it has been
will this force cannot be taken to deny.
(2) a will as referred to in paragraph 1 shall surrender the master without undue
delay, Commander of the superior headquarters, from where, without undue
the delay passes to the Ministry of defence of the Czech Republic.
section 1546
If the will has been made under section 1543, the village without undue delay
its safekeeping at the notary. If the will has been made under section 1544 or 1545,
arrange for the same Office, to whom the will was passed.
Section 1547
(1) if the testator Made under section 1543, 1544 or 1545, is required,
to the person that alert, also with the two witnesses signed
zůstaviteli in the presence of both witnesses and read to the testator
confirmed that it is a manifestation of his will. This will be taken
considered a public deed.
(2) if the drawing up of wills under section 1543, 1544 or 1545 to
violations of the prescribed formalities, in particular in the absence of the signatures on the Charter
present witnesses, although they require, but it is nevertheless certain that the Charter
reliably recorded zůstavitelovu last will, does it
the invalidity of the will; such instrument, however, for a public Charter
shall not be considered.
§ 1548
(1) when making a will with the concessions may be witnesses and persons who
reached the fifteenth year of age, and persons who have been in mom
limited, if you are eligible for the satisfaction of really significant to describe
the validity of the will.
(2) If a will drawn up with concessions, not its validity on the injury that it
the testator or witness did not sign because he could not write, or for another
a major obstacle, if it is explicitly stated in the Charter.
section 1549
If the testator is alive, shall expire will taken under section 1542
the end of the two weeks and under section 1543, 1544, or 1545 three
months from the date of acquisition. This time, however, the nepočnou run run
until the testator cannot edit a will in the form of public documents.
section 1550
Confidentiality
Who worked on the acquisition of a will or other legal acts, for which the
This law requires the particulars as to the will, as a writer, witness
předčitatel, interpreter, schovatel, or official person, preserves the content
zůstavitelovy will silence, unless it is clear the other will of the testator;
breach of this obligation, the fighter zůstaviteli injury suffered by him
it caused.
Subsection 3
Miscellaneous clauses in wills
sec. 1551
(1) the testator in the will may indicate the condition, proof of time or command.
(2) if the side clause only to the heir apparent harassment or
odkazovníka of zůstavitelovy, not taken into account the apparent arbitrariness to it.
No to the side clause, which clearly contradicts the public
Okay or is incomprehensible.
sec. 1552
No to the side that the testator clause stores the heirs or
odkazovníku to closed or closed, or in marriage
the marriage remained, or to annul the marriage. The testator may, however,
to establish someone's right to a period of time before marriage.
The executor of a will
section 1553
(1) a Testator may call the executor of the wills of wills and, where appropriate,
determine what has the obligation, and whether and how it will be rewarded.
(2) if the Court finds that when discussing the heritage that was the executor of a will
called, it shall inform about it. The executor of a will can function at any time
withdraw; the resignation is effective, if there is a court.
section 1554
(1) the executor of the will ensure proper compliance with the last will of the deceased with
thrift. To him belongs all rights necessary to the fulfilment of his
tasks, including the right to defend in court the validity of wills, reply
the incapacity of the heirs, or the odkazovníka and ever mindful of compliance with
zůstavitelových instructions.
(2) if the deceased didn't call the administrator of the estate, the executor belongs
the will also manage the estate, until the Court decides on a different
the measures. The provisions of the executors to the executor of a will
apply mutatis mutandis, if the public was called upon by the Charter; otherwise, shall apply
mutatis mutandis.
section 1555
In opposition to the invalidity of the executor of a will can function
exercise their rights and meet their obligations to the law
the decision, that the manifestation of the will of the zůstavitelovy is not valid, if the Court
other measures fail.
The administrator of the estate of the
section 1556
(1) the administrator of the estate of the deceased may call, or some of its
(hereinafter "the trustee") and, where appropriate, determine what has
obligations and whether and how it will be rewarded. The profession of trustee
requires a form of public documents.
(2) the Act which was the administrator of the estate, you can cancel the
in the same way that the will shall be deleted.
section 1557
The administrator of the estate of the Administration, if it is known that he was recalled,
as soon as he learns of the testator's death. If it is established to the Court that he was
the administrator of the estate called, about him.
section 1558
If the executor of a will drafted, the administrator of the estate of his
instructions; their reciprocal rights and obligations shall be assessed in accordance with the provisions of the
about the command.
section 1559
Trustee may withdraw from the function; the withdrawal is
effective, if there is a court.
section 1560
Where the executor or administrator of the estate of the intestate, seriously your
obligations, if it is not able to properly perform his duties, or if the
Another serious reason, the appeals court even without proposal.
The conditions of the
section 1561
If the condition is directed to conduct an heir or odkazovníka, which it can
be repeated, must be done after the death of the testator, though
so already for the zůstavitelova of life, it is not clear if the other will
the testator.
section 1562
To the acquisition of what was zůstaveno with the swap condition, it is necessary to
the person to whom it was something as follows zůstaveno, survived the testator and
eligible to inherit.
section 1563
(1) grants the right to anyone with an expiry of a condition,
be taken into account.
(2) the provisions of the will, which grants the right to anyone with an
the swap condition, is invalid.
Proof of time
section 1564
If the testator shall limit the right of someone to make the time and if it is not certain whether
time occurs, the zůstavené right in the conditional.
section 1565
If the time specified so that the moment must occur, zůstavené
right as other unconditional rights to the heir of the person to whom it was as follows
zůstaveno.
section 1566
If it is certain that the period established in the will never occur,
This proof of the time as impossible condition. If, however, no doubt that the
the testator at the time just mistaken, the decisive moment
According to his likely will.
Special provisions
section 1567
(1) Until the right of the subsequent heir remains relegated to be fulfilled
condition or when the documented time, is the right of the front of the heir,
that heritage seemed limited as the right of the beneficiaries; the provisions of §
up to 1520 1524 shall apply mutatis mutandis.
(2) the heir, whose law was postponed by regulation conditions or submission
the time it takes, what he was zůstaveno, with the obligation to contribute fairly
the heirs to the front, he performed on debts or zůstavitelovy
nepominutelnému heirs to the required volume.
section 1568
He was called to the front and the subsequent odkazovník, shall apply, mutatis mutandis, to section 1567.
Command
section 1569
(1) if the testator to someone Zůstaví something with the connection command,
command as the expiry condition, so the zůstavení law, thwart
If the command is not executed, unless the testator reflected a different will.
(2) the prohibition on transfer or load undertakes with, only if ordered
for a reasonable period of time and justified by a serious interest in good legal
protection, otherwise the Court may decide, on a proposal with that of the prohibition of
be taken into account. If the prohibition was written into the public list, the burdened
request that the Court set aside the ban; the Court proposal fails, unless
that interest in the lifting of the ban probably exceeds the interest on his
conservation.
§ 1570
If the command cannot be met exactly, at least let it be fulfilled so that he was
approximately what maybe granted. If it is not possible nor is it belongs to the person
Nonetheless, she was zůstaveno, unless the testator manifested
another will. Who, however, has made the invalid command, to meet the science that it
the stymie, shall cease to be what he was zůstaveno.
section 1571
The right to enforce the command in addition to the person to whom it is the command to
the benefit also the executor of a will or any other person to do so in the will
authorized.
section 1572
(1) if the command is directed to the benefit of more people without specification,
clogged up with the person to a legal person authorized to command to protect the interests of the
These persons. If such legal persons more and if it is not obvious to other
zůstavitelova will select the person has clogged up with the command; If it does not
without undue delay, determined by an authorized person, the Court on the proposal of who
It has a legal interest.
(2) if the command is directed to the public benefit, the fulfilment of the command
to enforce even the competent public authority.
section 1573
If the testator speaks about the purpose for which something to someone leaving, but
does not save the obligation to this end left things to use, look at the
his speech will like to wish with no legal binding force.
section 1574
The provisions, which the heirs of the testator, or intervening with odkazovníku
the threat of the loss of some benefits, that will take, does not have the legal
effects, if only for the resistance against the authenticity of the will or against interpretation
its meaning.
Subsection 4
Cancellation of wills
section 1575
(1) the testator has the right to will or its individual provisions at any time
Cancel.
(2) a will shall be deleted or the acquisition of a later will.
section 1576
The acquisition of new wills
The acquisition of the later wills, the former will be the extent to which
can't stand next to a later will.
Revocation of wills
section 1577
To specifically appeal to the will requires a manifestation of will made in the form of
prescribed for the acquisition of wills.
§ 1578
(1) the appeal will automatically requires the destruction of the Charter, on which the
a will written. If the testator only to destroy one of the few copies
Wills, cannot yet conclude on her appeal.
(2) if the testator the instrument in a different way, or to renew the
last will and Testament, although he knows that the Charter has been destroyed or lost, it will be removed
If from the circumstances undoubtedly zůstavitelův cancellation of intention.
section 1579
(1) If a will has been taken in the form of public documents, the testator
the right to request at any time that his will was released; will be issued only
zůstaviteli personally. If the zůstaviteli will, it is considered
the recalled; about the deceased instruct whoever he wills, and appeals
Wills and lessons on the instrument and notes issued in its file.
(2) if the will Was stored in official custody, the testator has the right to
require her release; the release of the will does not have the legal consequences referred to in the second
sentence of paragraph 1.
section 1580
If the testator later will, but an earlier kept, it shall be deemed that the
the former will remain in force and looks at her, as would have been
cancelled.
Section 1581
Ineffective cancellation clause
If the testator shall declare that invalid all his next acquisition
in the event of his death, or that will be invalid such that
will be established in some form, be taken into account.
Section 3
The contract of inheritance
section 1582
(1) the Inheritance contract of the testator is calling the other Contracting Party, or
a third person for an heir or a odkazovníka and the other party accepts it.
(2) Inheritance contract requires the form of a public instrument.
section 1583
What is in this section sets out the contractual heirs, shall apply mutatis mutandis for
contract odkazovníka.
section 1584
(1) an inheritance contract can close an adult the testator, which is fully
svéprávný; If the testator in mom, inheritance may
contract and commitment to change, with the consent of her guardian.
(2) the parties may conclude a contract of Inheritance and her commitment to change only
personal conduct.
section 1585
(1) the Inheritance contract cannot take on the entire estate. A quarter of the
the estate must remain free to the testator could get by
its particularly revealed will. If he wants to leave the heirs of the deceased contract
and this quarter, can do so wills.
(2) who was in for sick mom limited dependency on consumption
alcohol, the use of psychotropic substances, or similar products, or poisons
or morbid addiction to gambling passion that represents a major
mental disorder, may get a contract on property inheritance only, of which
is eligible to purchase wills. From this property counts a quarter
the acquisition by its reserved separately revealed will.
section 1586
If the inheritance contract with that other heirs renounced
their birthright, shall cease to be a waiver of the legacy effects, does not inherit the
heir called in the inheritance contract.
section 1587
The conditions in the contract of inheritance applies to section 548 and 549.
section 1588
(1) the contract shall not prevent the zůstaviteli Inheritance, to his property was loading
for your life as you wish. If it is not agreed anything else, cannot
party authorized for heir to transfer their rights to another person.
(2) However, if the testator Buys for the case of death or if she donation
the Treaty, so that it is not compatible with the inheritance contract, the Contracting
heir to the ineffectiveness of these legal acts invoked.
section 1589
(1) if the parties agree, that the testator converts to a contractual heir
the assets already in your life, this property may be drawn up in the form of
public documents. In this case, if the testator does not convert all
his assets, or if the other assets after the conversion, the inheritance
the Treaty applies only to assets as follows, unless it was agreed
something else.
(2) where the surrender took place yet in life, pass the rights and
the obligations of the Treaty to the heir to the inheritance of the contractual heir unless
agreed something else.
section 1590
Their obligations of the deceased may cancel the contract of inheritance and acquisition
wills. To the effectiveness of the cancellation of the contract requires the consent of the heirs
made in the form of public documents.
section 1591
The inheritance contract invalid for lack of form or invalid for
failure to comply with the conditions in section 1584 and 1585 or because it does not meet the
the provisions of the treaties referred to in part four of this Act, may have
Nevertheless, the validity of the will, if otherwise all the formalities of wills.
Special provisions on the inheritance contract concluded between spouses
§ 1592
(1) the spouses may conclude a contract of inheritance, whereby one party
He calls the second heir or for odkazovníka and the other party to this
profession receives or is as follows for the heir or odkazovníky
but each other.
(2) such an agreement may, for the case of a marriage concluded
brides and grooms, but the contract becomes effective until the emergence of the marriage.
§ 1593
(1) the divorce to invalidate the rights and obligations of the estate of the Treaty,
unless the inheritance Treaty specifies something else. After divorce, each
the party can claim to an inheritance contract set aside by the Court. The Court proposal
If not directed against it, which was not caused by the breakdown of the marriage, and
with the divorce disagreed.
(2) a marriage annulment is lifted to the rights and obligations of the
the inheritance of the contract, unless such a marriage already died the death of a
one of the spouses.
Part 3
Link
Section 1
General provisions
The establishment of a link
§ 1594
(1) the testator shall establish a Reference so that, in the case of the death of the acquisition orders
a person released subject to odkazovníku for the link. Odkazovníkem can
be the only person eligible to inherit. Calls to the deceased heir to the identification,
that the thing does not inherit, shall be considered as establishing the link
to the legal heirs.
(2) the donation of the dependent on the condition that the recipient will the donor survives,
considered as a reference, if the donor did not give up the rights to revoke the gift.
section 1595
The link may establish a person eligible to make wills. The testator
unfit to take can of your property to refer to other articles only
small values.
section 1596
The testator may also heirs or spoludědicům leave a priority
link; due to this reference will be considered as odkazovníci.
Obtížení reference
section 1597
The references seem to be charged to all Inheritors in proportion to their shares, and even
then, if the dependent thing belonging to one of the spoludědiců. It
does not apply if the testator specifically directs compliance with reference to the individual
spoludědici or odkazovníku.
section 1598
Each of the heirs must remain at least a quarter of the value of heritage links
unloaded. Loaded with a deceased heir, the heir has more right to a proportional
the shortening of the link.
section 1599
Pododkaz
(1) if the testator will order the odkazovníku meet the next link, does not relieve the
odkazovníka the obligation to meet the next link or the fact that the value of the
the next link goes beyond the value of the link.
(2) Opposes the odkazovník link, another link to link
fell. This obligation shall release, leave a link that he
fell, a person that was another link zůstaven.
section 1600
The deceased, who remembers the reference to a specific group of people, such as
in particular, relatives or the poor, or community service, charity, or
a similar purpose, may leave the heirs or someone else, to determine how and
which of the following persons or purposes to be charge. So if it
the deceased, has the choice of heir. If the heir of the option, determined
odkazovníky Court.
section 1601
Náhradnictví in links
The testator may link to order náhradnictví or trust
the succession. In such cases shall apply mutatis mutandis the provisions of section 1507
up to 1524.
The recall link
section 1602
It is considered that the link has been revoked, if the testator
and destroy the thing, odkázanou) or it steals and again opposes it,
(b)) odkázanou thing will change in such a way that it is no longer a matter of the other, or
(c) a claim under odkázanou) and selects.
section 1603
It is considered that the link has not been revoked, if odkázanou thing took another
a person or thing has been changed to restricted or destroyed outside of the will of the
the testator. This is true even if the offset where the debtor zůstaviteli
odkázanou a claim on its own initiative.
Section 2
Special rules for individual types of links
Subsection 1
Link things of a certain type
section 1604
(1) when you reference things of a certain type, if such things in the estate
more, the person decides which clogged up with the link will be odkazovníkovi
released. However, it must choose such a thing odkazovník will be able to
enjoy.
(2) if the odkazovníku to think of a few things myself, can
Choose the best thing.
section 1605
(1) when you reference things of a certain type, which, however, have not,
the link is not valid. Refers to the deceased a few things of a certain type and
If not in the estate of the specified quantity, just odkazovník with
those who are in the estate.
(2) However, if the testator Neodkáže-thing of a kind explicitly from your
ownership and if there is no such thing in the inheritance, shall affix it to the person
clogged up with reference odkazovníku in reasonable quality personal circumstances and
the need for odkazovníka.
section 1606
(1) the testator may entrust another person to chose which of the
several things have odkazovník. Fails-if the person option specifies
link to the Court with regard to the personal circumstances and the need for odkazovníka.
(2) the Court shall determine the link also fails, when the odkazovník option, which
He has been left, in the period laid down for the application of a person with Packs link.
§ 1607
Link the money committed to the person obtíženou a reference to their payment, whether
money in the estate are, or are not.
Subsection 2
Link certain things
§ 1608
When you reference things in one or several of the provisions of the
odkazovník does not have the right to odkázanou the thing, and its price at the same time. Other
links, even if they contain the same type of thing or the same amount of money,
they belong to odkazovníku, how many times are repeated.
section 1609
To reference things that belonged at the time of acquisition will, odkazovníkovi
be taken into account. It later acquired, he shall pay the usual price of things;
However, it received free of charge from the testator, link
has been revoked.
section 1610
(1) no reference to things foreign nenáležející nor the zůstaviteli, nor the
heirs or odkazovníkovi, which it has to give to someone else.
If the person listed on the linked things share or right, link
only this proportion, or the law.
(2) if the testator, Ordered that a foreign thing to be purchased and granted
odkazovníku, but its owner wants to sell it for the usual price,
odkazovníku this price is worth it.
section 1611
Stop or other load dependent things affect the recipient as
the fault reference.
Subsection 3
The reference of the claim
section 1612
When you reference claims that zůstaviteli belongs to someone else,
refer the person with this reference claim clogged up with accessories and
possible by ensuring the odkazovníku, shall issue him the necessary proofs of claim
and shall communicate to him everything that is to the claim against the debtor.
section 1613
Link all claims includes all claims while continuing
the establishment of a link, but not the claims arising from the transferable securities
and passbooks, or claims on the immovable things stalling
and claims arising from the substantive law.
§ 1614
Link a claim which the testator has a odkazovníkem, committed to
obtíženou person to odkazovníku kvitanci released or returned
IOU.
section 1615
Waiver does not apply to debts incurred after the establishment of the link.
Remitted to link debt, does not stem from the fact that he was
also waived the debt. Extend the time limit if only for payment, does not stem from the
remission of interest yet.
section 1616
(1) Link debt which the deceased has to pay odkazovníku, has the legal
the effect that the person undertakes to obtíženou reference to recognize the debt that
the deceased certainly expressed or odkazovník shows and pay it
at the latest within the time limit for the fulfilment of the other links without
the conditions and time limits that he is overwhelmed by the deceased.
(2) if the testator Orders that odkazovníkova claim was ensured,
He must be given sufficient security.
§ 1617
Refers to the deceased to someone the same amount, which he himself is owed, has
It is considered that a reference to meet the debt. Odkazovník receives the error i
link.
Subsection 4
Other links
section 1618
Link to children and relatives
Children means only the sons and daughters of the deceased, if he remembered to
the children of someone else. If, however, the children of the testator, shall mean
the descendants entering their space.
section 1619
Other than the references according to § 1594 to 1618, mutatis mutandis, to section
1503.
Section 3
The acquisition of the link
section 1620
(1) the Odkazovník shall take the right link for himself and for his successor death
the testator.
(2) on the right of the link, which has yet to arise, shall apply, mutatis mutandis, to section 1480.
section 1621
(1) the Odkázanou thing shall take odkazovník way,
the ownership right.
(2) if the right of the link, you may seek odkazovník
dependent things. Writes to the public list on my thing,
replaces the release declaration executor of the will, nonetheless, otherwise
persons with officially certified signature; If the maturity of the link deferred
writes the odkazovník to the public list directly after the zůstaviteli.
§ 1622
Before the death of the testator cannot odkazovník the right to link to convert or
him edit.
§ 1623
Declares the odkazovník way is set for rejection
heritage, that link doesn't want, staring at him, as if the right to link
not at all.
§ 1624
(1) the reference individual items from the estate and link rights relating
such things may be required immediately. This is also true for the smaller link
rewards for staff and community service, charitable links and the like.
Other references are due for a year after the death of the testator.
(2) the provisions of paragraph 1 shall apply, if there is no obvious other will
the testator.
section 1625
When you reference the individual case it belongs odkazovníku the due date link
the fruits and benefits and all things will be added, including the rights to things.
From the same date affect odkazovníka and defects on both things, as well as
its deterioration or destruction resulting from the fact, that no one
does not match.
§ 1626
(1) when the link benefits due to yearly, monthly, or otherwise takes
odkazovník the right to the amount that falls on all the time to survive
its beginning; However, the payment becomes due until the specified time
the due date.
(2) shall apply mutatis mutandis to refer to maintenance section 922.
§ 1627
The right of odkazovníka to ensure
(1) when you reference or link refilled, whose fulfilment is
still cannot sue because of the statutory time limit or because of the time limit, or
the condition specified against the deceased person has odkazovník nonetheless, reference
the right to the provision of sufficient security. This does not apply, if it is clear that the
collateral is not required.
(2) Otherwise has a odkazovník against the person with packs reference the same rights as
every other creditor.
A loose link
section 1628
(1) cannot accept the reference to odkazovník, or if he refuses it, falls
link náhradníkovi. If there is no substitute and if the whole reference in mind
several people either without specifying the shares, or the general expression
meaning of straight podělení, there will be a loose market share relatively to the other
the unit-holders.
(2) if the odkazovníku zůstaven a share, has the right to increase
in accordance with paragraph 1, unless it is obvious the will of the testator to leave
listed odkazovníkům the whole link and specifying the shares wouldn't
other than the limit odkazovníky each other.
(3) in other cases, the obligation to comply with the reference.
section 1629
Who has benefited from the release of reference or from the fact that the obligation to comply with
the link expires, that afflict even the burdens associated with the reference. This does not apply,
If this is just about the personal acts of the person originally reference nonetheless.
The rights of the heir of the vyhradivšího list
§ 1630
(1) if the net's estate obtížena links so that it is almost exhausted
and the heir to the right does not apply pursuant to section 1598, is heir to the right just to pay the
the costs made when the links and to adequate remuneration for their
the effort. It is not enough if the estate to their remuneration, shall bear the cost and reward
odkazovníci in proportion to the value of the links and the heir has to ensure its
the right to the left right of withholding items; without sufficient
ensure it is not obliged to deal with the heir to the links.
(2) However, if the odkazovník link has already received, the deduction by
values, as a reference at the time of adoption, and according to the benefits that already from the
He has earned. Odkazovník gets rid of the obligations of the contribution by issue
the heirs of a link with the benefits or their price. In the rest of the odkazovníka
seen as an honest holder.
section 1631
(1) if the net's estate to pay all debts and other
compulsory expenditure, links shall be reduced proportionately.
(2) if the net's estate to all links, to satisfy the
in front of all the other link pension, education, and nutrition; other
links shall be reduced proportionately.
section 1632
The fulfilment of the will by the administrator of the estate
If not specified, the executor of wills and wants to devote to the heir of the fulfilment of the
the last will of his time and effort, the Court on its proposal for this purpose
shall appoint the administrator of the estate, or the fulfilment of the will saves administrators
the estate of applications already.
Part 4
The legal sequence of
§ 1633
(1) Where there is no sequence according to the inheritance of the Treaty or by the will,
occurs when the legal inheritance to the estate of the sequence, or to a part thereof.
If it is not the legal heir, or if the opposes, they become heirs of heritage
odkazovníci according to the ratio of the value of their links.
(2) Who has acquired heritage because the heir or substitute called inheritance
agreement or wills didn't want to inherit, or could not meet the other regulation
the testator.
section 1634
Odúmrť
(1) do not inherit if no heir nor by legal succession,
I find the heritage of the State and the State is staring, as if it were a legal heir;
the State, however, does not have the right to refuse the right to inheritance, or a reference under section
1594 paragraph. 1 third sentence.
(2) to other persons the State has the same status as heir, which
demonstrated by the retention of the inventory.
section 1635
First class heirs
(1) in the first class, the heirs inherit the zůstavitelovy children and his spouse, each of
them equally.
(2) if the child does not inherit some of his share of the inheritance shall equally
his children; the same thing is true of more distant offspring of the same ancestor.
section 1636
The second class of heirs
(1) do not inherit the zůstavitelovi descendants inherited in the second class, husband,
zůstavitelovi parents and those who lived with the deceased for at least
one year before his death in a common household, and who from the
for this reason, care for common household or were limited by nutrition
on the testator.
(2) the heirs of second class inherits from the same work, the husband, however, always at least
half of the estate.
section 1637
The third class of heirs
(1) do not inherit the husband or any of the parents inherit in the third class, the same
the work of the zůstavitelovi siblings and those who lived with the deceased for at least
After a period of one year before his death in a common household, and who from the
for this reason, care for common household or were limited by nutrition
on the testator.
(2) does not inherit any of the siblings of the deceased, his or her
share equally between his children.
§ 1638
The fourth class of heirs
Do not inherit if no heir in the third class, fourth class, inherit in the same
the work of the grandparents of the deceased.
§ 1639
The fifth class of heirs
(1) do not inherit if any of the heirs of the fourth class, inherit only in fifth grade
the grandparents of the parents of the deceased. Grandparents zůstavitelova father falls
half of the mothers, grandparents zůstavitelovy heritage of the second half. Both
a pair of grandparents are divided equally by half, which falls to them.
(2) If an individual does not inherit the pair, relaxed one eighth second
Member. It does not inherit a pair, this falls a quarter of a second pair of the same
the parties. Do not inherit if even one pair of the same party, the heritage
couples of the other party in the same proportion in which they are divided by half
heritage, which strikes them directly.
section 1640
The sixth class of heirs
(1) do not inherit if any of the heirs of the fifth class, inherit in sixth grade children of children
siblings of the deceased, and the children of the deceased grandparents, each the same
the work.
(2) do not inherit-if some of the children of the grandparents of the deceased, inherits its children.
§ 1641
To kinship
If someone is deceased kin from more than one side, of the
each of the parties the right of inheritance, which he belonged to as a relative of this
the parties.
Part 5
Mandatory part of the
Counting on a compulsory part and on the inheritance share
Section 1
The heir of Nepominutelný
section 1642
Nepominutelnému the heirs of the estate belongs to the required volume.
§ 1643
(1) the heirs of the testator's children are Nepominutelnými and do not inherit if, then
by their descendants.
(2) if the nepominutelný heir is a minor, he must get at least
so, what is the three-fourths of his legal inheritance share. If
nepominutelný heir to an adult, he must get at least as much, how many
makes a quarter of his legal inheritance share.
§ 1644
(1) a mandatory part of the zůstaven can be in the form of inheritance of the share or
link, but must remain the nepominutelnému heirs completely lacking.
(2) the regulation of the testator, which limit the mandatory part, shall be disregarded.
Zůstaví-if the nepominutelnému heirs more than a mandatory part, it applies
such a regulation, if the testator is made in the case of death, for the acquisition of
only the portion that exceeds the value of the compulsory work. This does not apply,
die nepominutelný heir before the deceased or does not inherit from another
reason.
(3) a Testator may also nepominutelnému the heirs decided to save
for what he zůstavuje with restrictions, or for mandatory part.
section 1645
Who has renounced inheritance or compulsory part, who is ineligible to inherit
or who was disinherited by the deceased, the right to a mandatory part of the does, but when
the calculation of the mandatory parts of the other heirs are looking to him as
should not be excluded from the succession.
Section 2
Dispossessed
section 1646
(1) for legal reasons can be the heir to the vyděděním of his nepominutelného
the right to exclude the mandatory part, or in his or her right to shorten.
The testator can a family heir, nepominutelného
and he did not provide the necessary assistance) in distress,
(b) the testator has not demonstrated a true) interested in what it would show he had,
(c)), he was sentenced for the offence had been committed under circumstances showing his
degenerate nature or
(d)) leads permanently dissolute life.
(2) a Testator may also nepominutelného a family heir, that is
unfit to inherit, and is therefore excluded from the succession.
(3) Survives the testator to a descendant of the vyděděný, it does not inherit nor descendants
vyděděného child, unless the testator reflected a different will. To see if the
the death of the testator is a descendant of the vyděděný, then his descendants inherit except
those who are excluded from the right to the inheritance.
section 1647
The testator may also nepominutelného a family heir who is so deeply in debt
or acts so lavishly that there is concern that his descendants
does not preserve the required volume. However, it can only do so, that its
mandatory part of the zůstaví children of the heir to the nepominutelného, where appropriate,
If not, their descendants.
section 1648
So if the testator reason dispossessed heir has the right to nepominutelný
the mandatory part, unless it proves to be a legit reason for the dispossessed.
section 1649
(1) the Declaration of the dispossessed can make or you can change or cancel
in the same way that takes or cancels the last will and Testament.
(2) in the same way the testator may declare any of the heirs
not nepominutelných, which is indicative of the legal inheritance, the sequence
the estate has become final.
Section 3
Protection of the nepominutelného heir
§ 1650
Nepominutelný heir to the vyděděný grounds has the right to a mandatory part; If the
truncated on the net value of the compulsory part, has the right to its complement.
section 1651
(1) the right to a compulsory part has a nepominutelný heir, which was
zůstaviteli known to be alive, and yet it is in the will of examination.
(2) Committed to the one who was opominut rather than accidentally, something
fills the legal reason for the dispossessed, staring at this omission as
made in silence, and the dispossessed.
section 1652
If the heir of nepominutelný, that his omission comes only from the fact that
testator in acquisition for the case of death, did not know about him has such heir
the right to a mandatory part of what belongs to him according to the law.
section 1653
If the nepominutelný heir to the truncated or opominut, heirs and
odkazovníci to compensate for his rights.
Section 4
The calculation of the mandatory part
section 1654
(1) the Nepominutelný heir has the right to a share of the inheritance, but
the amount of money equal to the value of its mandatory part. If they are for
It's on the side of the heirs of particularly serious reasons and if you can do it on nepominutelném
the heirs of reasonably require, the Court may allow the repayments on the principal part or
the postponement of the due date; However, the claim shall be remunerated at the date when the
originally due.
(2) the provisions of paragraph 1 shall not prevent the heir to nepominutelný agreed with the
the heirs of the intestate, the inheritance contract or otherwise; truncates if it
the rights of other creditors, an agreement is ineffective against them. If in the course of the
management of heritage agreed that the heirs of nepominutelnému instead of
payment issues from the estate in the public list thing, writes
the nepominutelný heir to the public list directly after the zůstaviteli.
section 1655
(1) for the establishment of a compulsory component property in the estate draws up and
estimates; the debts of the testator and the glitches that churned through the property in the
zůstavitelovy death, shall be deducted from the value of the assets. When calculating the
the compulsory part of the estate to be added, what is counted on a mandatory
share under section 1660 and 1661.
(2) Nepominutelný the heir has the right to be in the prediction, hover and queries
apply the comments.
section 1656
The mandatory part is determined without the links and other defects arising from
acquisition for the case of death. Pending the determination of the mandatory component nepominutelný
heir to a rather involved in the profit and loss of inheritance. Who has the right to
the mandatory part, has the right to Bill pro rata share on the profit and loss
the inheritance from the death of the testator until the mandatory part.
section 1657
Agree-if nepominutelný 's heir with the heirs of the surrender value and approve the agreement
the Court, the provisions of § 1655 and 1656.
Section 5 of the
Counting on a compulsory part and on the inheritance share
section 1658
Counting on the required part or share of the inheritance, shall not entail an obligation to something
issue, unless it is a case referred to in § 2072.
section 1659
When counting counts the value of what was provided and what is subject to
counting, according to the time of submission. In exceptional cases, the Court may
decide otherwise.
Counting on a mandatory part of the
section 1660
(1) The mandatory part is reallocated all nepominutelný heir of
the estate is actually acquired by reference or other zůstavitelovým
measures.
(2) The compulsory part to be reallocated and what the heir of nepominutelný from
the deceased received free of charge in the last three years prior to his
the death of the testator, unless told to set-off made for longer
period of time; In addition, the child credit and what from the testator, free of charge
He received the dědicův ancestor. When, however, not taken into account the usual
the donation.
section 1661
(1) a mandatory part of the child credit, what he gave for his deceased
life for relief in the costs of creating the separate
the home, with the founding of the marriage or cohabitation or the like
the onset of occupation or commencement of business; on the principal part of the to be reallocated
and what the deceased used to cover the debts of zletilého offspring. Happened if
so earlier than in the past three years before the death of the zůstavitelovou,
set-off shall not take effect if the testator, the will of the other.
(2) the Child who enters the place of his ancestor, to be reallocated to the
mandatory part and what follows from the testator of his parents,
whose place shall enter.
Counting on the inheritance share
section 1662
Portions are calculated as well as the required volume.
section 1663
When a sequence of heirs according to the acquisition for the case of death or in the
legal succession is counting on a share of the inheritance performs only
If the testator told a manifestation of will made in the form prescribed by the
for the acquisition of wills.
section 1664
The Court may make a set-off on the share of the inheritance, even though that the testator
nor was the heir of nepominutelný would otherwise unreasonably
a significant disadvantage; to the usual donation is, however, not taken into account.
Episode 6
The right of certain persons to the provision
section 1665
Who would have otherwise been the heir of nepominutelným, but does not have the right to a mandatory part
has the right to necessary nutrition, if he does not receive it, and if it is not
Unable to support himself; This, however, cannot get from the estate of more than
how much did his required share. The right to the necessary nutrition, however, does not have one
which inherits its offspring, or if his offspring to his place
summoned to a compulsory component.
§ 1666
(1) the surviving spouse has the right to a decent nutrition from the estate for
six weeks after the death of her husband. If the widow is pregnant, has a right to decent
the food until the end of the sixth week after birth; the same law also has a mother
zůstavitelova of a child that was not for the deceased married.
(2) if the surviving husband the lawful inheritance share is denied or
truncated, the surviving spouse has the right to the pension until the conclusion of the
the new marriage, if he otherwise lacking such provision and
If it is not able to support himself; This, however, cannot get out of the
the estate more than half was his legal
the share of the inheritance. The right to the provision, however, does not belong, husband
that without serious reasons, did not share with the deceased family household,
nezpůsobilému be the heir to the husband or husband, who renounced the inheritance
or is refused.
(3) if the right to food would be a good referred to in paragraph 1 shall be reduced right
on necessary food according to § 1665, truncates all these rights so as to
all eligible received as well. You must provision referred to in paragraph 2 cannot be
provide, shorten if necessary by the right to food under section 1665.
section 1667
The surviving spouse takes ownership of movable things, that make up the
the basic equipment of the family home, even when there is no heir apparent. This does not apply,
If the surviving spouse without serious reasons, did not share with the deceased
a family household.
section 1668
(1) if the surviving parents or a legal share of the inheritance denied
truncated, surviving parent has the right to the survivor's pension, if he
otherwise, the lack of such a provision, and if it is not able to support himself;
This, however, cannot get from the estate more than was
one-third of his legal inheritance share. The right to the provision of
do not belong to the parents, parents to be the heir of nezpůsobilému, which is the heritage of
renounced or refused, or his parents, that he committed the crime of the founding
the reason for the dispossessed.
(2) the need to provide a pension to parents, cannot be reduced to the
the right to the necessary nutrition under section 1665.
section 1669
Persons, who have enjoyed until the death of the testator's free provision in the
his home, the same provision still three weeks after death
the testator.
Episode 7
The transition of the estate to heirs
Section 1
The acquisition of heritage
section 1670
The acquisition of heritage Court confirmed. The Court confirms the acquisition of heritage of the person,
the inheritance law was established.
§ 1671
(1) Involving the heir to the inheritance law before the Court within a time limit which the Court
provides does not terminate the heirs of probate law, but in consideration of the
the estate to him. This also applies to the inheritance law
an unknown heir or heirs of an unknown residence, which was of his right to
informed by a decree of the Court and in the specified time limit themselves know.
(2) if the heir to the heir of the unknown or of unknown residence guardian, cannot
the guardian to make a declaration that the heir to the legacy of rejects, or that
It does not reject or adopt.
§ 1672
If the right to heritage and are contrary to, the Enquirer's Court
from the heirs, whose legal reason is weaker, to their right to apply
Sue. In the absence of this heir to an action within the time specified by the Court, does not terminate the
While its succession law, but when discussing the estate to him
be taken into account.
§ 1673
(1) Against the heirs, who relies on an inheritance contract in nepopřenou
Authenticity refers to the action of the will or of each heir the heir
legit. Against the heirs, who relies on the will to nepopřenou
authenticity, referring to the action of each legal heir.
(2) if the testator reason dispossessed, a reference to the filing of the action
the offspring, who claims he has been disinherited by wrongly. If there is no reason for the dispossessed
mentioned, a reference to the submission of the application, the one who has to inherit on his site.
Inventory reservation
section 1674
(1) the heirs of the testator cannot withdraw the right to reservation in the inventory
the estate. Renounced the rights to inheritance of this Treaty, the parties
be taken into account.
(2) the right to reservation in the inventory can be applied representations orally
before the Court, or by a declaration addressed to the Court in written form.
If the heir's reserves inventory with reservations or conditions shall
them. This also applies to Declaration of heir that reservation inventory does not apply.
section 1675
The heir has the right to check out the inventory of the estate, if it is to
one month from the date when the Court about this law, understand. If they are
for important reasons, the Court extended the time limit the heirs.
section 1676
(1) on the svéprávném, the famous and the present heir, who is not her husband,
a descendant of the ancestor of the testator, and, or, within the time limit under section 1675,
has that not apply reservation of inventory. From the other heirs of the
the Court's requests after their summons and express observations
unless the spouse against the svéprávnému child or ancestor heir occurred
the effect referred to in § 1681.
(2) an inventory of the estate of the person who's nevyhradil, or stated that the right to
reservations inventory does not allocate additional inventory.
Section 2
The administration of the estate and its inventory
The administration of the estate
§ 1677
(1) if the testator has called the administrator of the estate or the executor of the
Wills, manages the estate until the confirmation of the acquisition of heritage Manager
the estate, the executor of wills otherwise. If the deceased didn't call any
of them, manages the estate heir; If the heirs more neujednají and if
Nothing's different, manage all of the heirs of the deceased.
(2) if it is for this reason, the Court shall order the other measures.
section 1678
(1) who manages the estate, carries her simple administration.
(2) who manages the estate, it shall provide the payments on the pension
persons who have a right to them, and delivers a message about odkazovníkům
references to them in the course. Adult links, if it
the Court.
§ 1679
(1) in the administration of the estate may be something to dispose of or use as assured
If required by the interest of the preservation of the values, or the nature of the managed
assets, or for consideration. This is true even in the case that has to be changed
the purpose of the managed assets.
(2) the executor of the will or administrator of heritage may take action
beyond the scope of simple administration, agrees with the heirs.
Unless the heirs, or if the heir of the person under special protection,
requires the consent of the Court.
section 1680
(1) the heirs, whose inheritance law is already clearly shown, the Court may
allow even before the end of the proceedings, that with certain
issued articles freely fed if it is fulfilling the last will
the testator secured or if other spoludědicové,
the heirs of nepominutelní and odkazovníci.
(2) if the right to inheritance, which contradict, cannot be
the measures referred to in paragraph 1. However, if the received the heirs the benefits already
previously, you cannot withdraw it.
§ 1681
(1) Take to the heir, without being authorized, the full management
the estate, with the effects of reservations from the beginning inventory, if it
or has made. This is true even if, if it is proved that the heir
Probate assets deliberately withheld, if the heir part mixed
the estate with the parts of your property, without can be distinguished, to whom it belongs,
unless it was already before the death of the testator. The same effect because
to reservation in the inventory also occurs to the heirs in the direct or
indirect representation of someone else's estate as follows. Manages the
the heirs of the deceased person close like this, it is considered, that also acts as
his representative.
(2) the effect referred to in paragraph 1, if the heirs splits before
confirmation of the acquisition of heritage only documents, portraits, or records and
other things to the family or the souvenir of the nature.
Seal of the estate
section 1682
(1) the Court shall take measures without delay to ensure the estate (conclusion)
If
and one of the heirs is not) svéprávný,
(b)) any of the heirs is an unknown residence,
(c)) is the fear that the estate předlužena,
(d)) the lender suggested the separation of the estate, or
(e)) where there is another important reason for special caution.
(2) if there is only one heir, nesvéprávný, absent or unknown, you can
the seal of such part of the estate, which is sufficient to
the satisfaction of his birthright. This is true even if the person is here,
that is the responsibility of the right to a mandatory part.
section 1683
Conclusions need not be, if the estate immovable thing that provides
sufficient security.
An inventory of the estate of the
section 1684
(1) the purpose of the inventory is to determine the survivor's estate assets and determine the
the net value of the assets at the time of the death of the testator.
(2) do not jeopardise seriously the timely implementation of the inventory, the inventory may be
present and raise questions and make comments
and the executor of the will),
(b) heritage, Manager)
(c)), anyone who submits and certifies its succession law or the law on mandatory
share, or about whom it is known, that such a right apparently belongs to,
(d)) the lender, which has caused the separation of estates,
e) if the Court agrees, and any other person who proves a legal interest in it;
odkazovník, however, only if there is a risk that it will be obliged to contribute to the relatively
mandatory part.
section 1685
(1) the Court shall order an inventory of the estate, if the heir the right reservation
inventory, or if it is necessary for the calculation of the mandatory part.
(2) the Court shall order an inventory of the estate also,
and between) if the heirs of a person who is not fully svéprávná, or which is
unknown or absent, or legal person or public good
established in the public interest (hereinafter referred to as "a person under special protection"),
(b)) is the uncertainty of whether someone is or who is the heir to the heir,
(c)) asks if the creditor under section 1709, or
(d)) shall certify the creditor of the deceased, that is for inventorying other
serious reason.
section 1686
(1) acquisition cost shall be borne by the estate inventory and they're quite
borne by the inheritance of shares of those heirs, which is to the benefit of inventory.
If it is not possible to pay the acquisition cost of the inventory of the estate,
saves the Court these heirs to the reimbursement of the costs fairly contributed.
(2) if the Court Ordered an inventory for the calculation of the mandatory part, shall be borne by the
costs from the estate and go fairly chargeable to all heirs and of the person
who has the right to a mandatory part. If it is not possible to pay the cost of
establishment of an inventory of the estate, saves the Court of such persons, in order to cover
the cost fairly contributed.
(3) if someone requests an inventory, without for that reason, the Court has him
saves the costs of carrying inventory of your.
section 1687
(1) if warranted by the circumstances of the case, the Court may decide to
the replacement of the inventory of the estate of the survivor's list of assets
prepared by the administrator of the estate and heirs of all confirmed. If
the administrator of the estate still exists, it may appoint for this purpose
the Court.
(2) in simple cases the Court may decide, if they are compatible with
the heirs of the estate inventory replacement, the Joint Declaration of heirs
of the probate assets.
section 1688
(1) if it is proved that the statement or list under section 1687 do not match
fact, to the extent not unnecessary subject,
and removes the inheritors) since the beginning of the effects of the reservation in the inventory, if it
or do,
(b)) a person referred to in section 1685 of paragraph 1. 2 has the right to request that the Court ordered a new
an inventory of the estate, if it proves a legal interest.
(2) the effect referred to in paragraph 1 (b). and it does not occur to the person below) Special
protection, unless it is established that the probate assets deliberately withheld.
This effect does not occur or to his heirs, which proves that his own
the incompleteness of the statement or list.
(3) Caused an administrator to list under section 1687 is complete, replace the
the damage from that as yet based.
section 1689
If known, the Court shall notify the creditor that was made an inventory of the estate of the
and allow him to comment on the inventory.
Section 3
Confirmation of the heritage
section 1690
(1) the Court shall confirm the heritage who has refused and has, according to heritage
during the proceedings on the legacy of the best inheritance law, then, what is the
ensure that the will of the testator will be adequately met.
(2) if the executor Was drafted wills, the Court shall confirm the fulfillment
zůstavitelových regulation; If called, they prove that the heirs of the Court.
If the heirs do not agree or are contrary to fact, as confirmed by the executor
Wills, the Court as evidence.
§ 1691
(1) if the Court confirms the compulsory links heritage until he
demonstrated that the
and odkazovníkům have been reported), about the link,
(b)) due to the references to persons who are not fully legal, an
persons established in the public interest or the public interest or links
made for the charitable and public interest purposes have been met and that the
meet the nesplatných links ensure
(c) ensure and fulfil) links to unknown or absent persons.
(2) the Court may waive the security, if it is probably unnecessary.
section 1692
(1) the sole heirs of the Court confirms that the heritage. Indicate who is
heir whose inheritance shall take, for what reason, and whether this is done with the
subject to inventory, or without it.
(2) the Court shall certify a few heirs and inheritance of shares after
counting on a share of the inheritance, and after setting off the possible links. When
the distribution of the estate, the Court shall also confirm what the legacy of each heir
acquired and for what reason to divide the inheritance occurs.
(3) if the ordered sequence of inheritance by setting up a trust
succession, the submission of time or otherwise, the Court confirms that the
ordered, who followed as the subsequent heir and for what.
Determine if the testator, heir to the front may freely dispose with the heritage,
the Court also confirms it.
§ 1693
(1) the heirs of may before a court in proceedings relating to heritage agree, what
the amount of their shares of the inheritance. The court approves the agreement, is not contrary to
the interests of the person under special protection.
(2) if the Inherit on the basis of the acquisition for the case of death, the heirs of
agree another of inheritance shares than what the testator to them
meted out, if the testator expressly admitted.
(3) If, according to Inherit legal succession, the heir has the right to
require other heirs settlement, if you care about
the testator or a longer period of time contributed greatly to maintain or enlarge
zůstavitelova asset works, financial support or in a similar manner,
without it was rewarded. The settlement shall be in the amount of the reasonable
the duration and extent of what and the value of the estate; of this amount, the
increase its share of the inheritance. This is true even if the heir, that is not
the bereaved husband, undertake to pay maintenance or similar zůstaviteli
the obligation.
Section 4
The distribution of the estate
section 1694
(1) if the testator Made for the case of death, the deceased
According to his will. The heirs may agree before the Court, that
Presley's estate be distributed wholly or in part, if the testator
specifically, he admitted.
(2) if the testator has given to the heirs of the individual case of his fortune, without
specifically ordered that the estate should be divided, as ordered, or
He called the heir may accept only what he/she has been allocated or, where appropriate,
that a certain thing is to remain in the joint ownership of the heirs, staring at his
the speech will on request without legally binding force.
section 1695
(1) if the testator Could, in case of death, the heirs before
the Court agree on the Division of the estate however.
(2) if the testator could have on some parts of the estate, or
If ordered, how to be a part of the deceased or separated, or
If it is not the Division of the estate according to the will of zůstavitelovy at all possible,
the provisions of paragraph 1 shall apply mutatis mutandis.
section 1696
(1) the Court shall approve the agreement on the Division of the heirs, is not contrary to the will of the
the deceased and its limits, nor to the interests of the person under special protection.
If the court approves the agreement, it will confirm the inheritors of the acquisition of heritage in accordance with the above
their shares of the inheritance.
(2) the validity of the agreement on the Division of the estate requires that, in the
as a result of its conclusion was divided the entire known's estate. Agreement
You can set up an easement or lien or other right in rem, though
the testator could have it.
section 1697
(1) the Court shall distribute the decedent's estate according to the regulation. Commissioned to
a third person, the testator by specifying how the estate is divided, the Court
This person shall fix a reasonable time limit, at least two months; Court
However, to determine the information shall be disregarded, if it is manifestly unfair or if the
him after the deadline.
(2) unless the zůstavitelovo regulation, the Court shall divide the inheritance
approval of the agreement, the heirs; in the absence of agreement, the Court's estate
splits, if they request it, and if all the heirs between them is not
the dispute, to the estate. The Court shall ensure that the interests of the person under the
special protection.
(3) in other cases, the Court shall confirm the heirs of the deceased and
the acquisition of heritage according to the inheritance of shares.
section 1698
When the distribution of the estate can be dealt with the right to compensation of the relationships between the
spoludědici, execute the set-off and netting on the share of the inheritance links.
section 1699
(1) according to the circumstances, may also be assigned a claim or debt
an individual's heirs. If a debt to one's heirs, without prejudice to
that the rights of the creditor.
(2) the heir, truncated to its share of the allocation of the bad stuff has to
spoludědicům the right to compensation for what was a defect.
§ 1700
(1) If a court at the request of the heirs of the deceased, shall establish a statement of which
the basis is an inventory of the estate or the heirs of all the confirmed.
If it was something from the estate were sold by the will of the heir to the right,
the estate achieved purchase price when another transfer from the will of the heir
then the usual price on the day of origination of inheritance rights. On the share of each of the
the heirs expressed in money will be allocated to individual items by price
referred to in the statement.
(2) if the price is not a subject of obvious, provides an estimate of the Court,
If the subject does not allocate all the heirs according to their shares.
Section 5 of the
Debts affecting the heir
section 1701
(1) the debts of the testator shall devolve on the heirs, unless the law provides otherwise.
(2) the heir is obliged to pay the cost of burial and zůstavitelova measures
zůstavitelova tomb sites, unless such costs have been from the estate
paid under section 114, paragraph. 2.
§ 1702
Heir cannot dispense with his acquisition of the case-based
death by rejecting the heritage of this acquisition with the fact that exercises its right to
as the heir of the Act. Can become the heir of the acquisition for the case of death,
or heritage.
section 1703
The rights of creditors before confirmation of heritage
Until the Court does not confirm the heirs to the acquisition of heritage, the creditors may recover
the performance just to, who manages the estate, and to claim satisfaction
just from the assets belonging to the estate.
The legal effects of the reservation non-application of the inventory of
section 1704
Involving the heir to the reservation in the inventory, shall be borne by the testator's debts in full
the range. If the reservation did not invoke the inventory more heirs, shall be borne by the debts
the testator, jointly and severally.
§ 1705
Perform an inventory does not have legal effects for the scope of the obligation to cover the
debt for heirs, which has failed to assert the reservation of the inventory.
The legal effects of the reservation in the inventory
section 1706
If the reservation has been exercised by the heir of the inventory, shall be borne by the testator's debts to the above prices
their heritage. This also applies in the event that an inventory of the estate of the ordered
the Court in the interests of the person under special protection.
section 1707
Each of the heirs of that reservation inventory, shall be borne by the testator's debts
jointly and severally liable with the other heirs, the creditor may, however, after each
the heirs of vyhradivšímu to the list require the fulfilment of only up to the amount corresponding to
his share of the inheritance.
section 1708
Recourse between spoludědici is governed by the General provisions of the common
debt.
Separation of estates
Section 1709
(1) a creditor who shall certify the concern of over-indebtedness of the heirs, may, before the
the Court confirmed the acquisition of heritage, propose that estate remained
separated from the Fortune heir and was administered as a separate equity. Court
the proposal does not comply with, it is clear that there is no reason to fear.
(2) a proposal for the separation of estates do not preclude the acquisition of heritage Court
confirmed.
§ 1710
From the secluded estate to satisfy the creditor, that the separation
requested. However, the lender loses the right to meet with the rest of the
dědicova property, and even if the heir has not brought a reservation
the inventory.
Search for debts of the deceased
section 1711
The heir of that reserved inventory, or ten, who manages the estate,
prior to the decision of the Court may confirm the heritage to propose to the Court
to search for the testator's debts, creditors, within a reasonable time
reported and to document their claims. Until the completed procedure, which
Thus, it does not have the heir, or the one who manages the estate,
the duty to satisfy the creditor.
section 1712
(1) a creditor who does not log in within the time limit, has no right to payment against
the heirs, if the inheritance is exhausted by paying reported claims.
(2) the provisions of paragraph 1 shall not apply,
and if the creditor can prove) that the heir he knew about the claim, or
(b)) provides the claim the lender's lien or other right in rem to
things belonging to the estate.
section 1713
If no request for a call to creditors, or satisfy the heir to one of the
espousing the lenders without sight on the rights of others, and when
Therefore, any creditor of the complete payment of the debts of the estate, is
the heir of the creditor thanks beyond referred to in section 1692, and up to the amount, in
What would a creditor attained satisfaction when the liquidation of the estate according to the
another piece of legislation.
Episode 8
Stolen legacy
section 1714
(1) the Heritage can be disposed of after the death of the testator; If the contract is concluded
previously, be taken into account. Transfer, the transferee shall enter into heritage rights
and obligations belonging to the estate.
(2) the heritage zcizuje daring the Treaty if, when the transfer of heritage
the contract was taken as the basis of a list of rights and obligations. If such
list the basis taken, depending on the content of the contract, it depends on the arrangement
the parties, which also apply to section 1716 and 1717.
(3) the Treaty requires the form of a public instrument.
section 1715
The Parties shall, without undue delay, Court, who leads the management of the
the legacy of that heritage was zcizeno.
section 1716
(1) the purchaser has the right to a thing belonging to the zciziteli not as
the heirs, but from another legal reason, or on the documents, portraits and
the family nature of the records.
(2) the licensee, by contrast, everything belongs to the heritage will be added by
fewer odkazovník or spoludědic or any other way, if he had
to the right of the transferor.
section 1717
The licensee belongs also everything alienator already received the law of succession.
The licensee, however, zciziteli replaces what he made of her to
embark upon a heritage or on the estate, and if the party's neujednaly
something else, and the costs of the funeral and the burial place of zůstavitelova measures.
section 1718
Manage the alienator's estate before it was issued, the licensee is
Thanks to the transferee as příkazník.
section 1719
The transferor to the transferee is responsible for the authenticity of heritage their birthright,
How is reported. If the purchaser suffers damage, the transferor will replace it under part
the fourth of this law.
section 1720
The transferee and the transferor is deceased debts to creditors
bound jointly and severally.
PART THE FOURTH
THE RELATIVE ECONOMIC RIGHTS
TITLE I OF THE
GENERAL PROVISIONS ON OBLIGATIONS
Part 1
The emergence of the liabilities and their content
§ 1721
Of commitment to the debtor the creditor has the right to specific performance as
the claim and the debtor has the right to satisfaction of the obligation to satisfy this debt.
section 1722
The performance, which is the subject of the undertaking, property and must be
correspond to the interest of the creditor, even if this interest is not just property.
section 1723
(1) the commitment arises from a contract, from the unlawful act, or from any other legal
the fact that it is in accordance with the rule of law.
(2) the provisions on the obligations arising from the contracts shall apply
mutatis mutandis to obligations arising under other laws,
the facts.
Part 2
Contract
Section 1
General provisions
section 1724
(1) the parties will establish a Contract manifested between each commitment and follow the
the content of the Treaty.
(2) the provisions of the treaties shall apply mutatis mutandis to the manifestation of will,
that is, one person turns to the person of another, unless it rules out the nature of the
expression of the will or the law.
§ 1725
The contract is concluded when the parties ujednaly the content. Within the limits of
the rule of law is left to the parties will freely make the Treaty's
and identify its contents.
section 1726
Where the parties to the contract concluded, though in fact
neujednaly relevance, already in the Treaty should, uh, looking at speech
their will as to the concluded contract, if it can, especially with regard to the
their subsequent behavior, reasonably assume that the agreement concluded
even without understanding the essentials. If, however, gave one of the parties already in
the contract is clear that achieving the conformity of certain elements is
a prerequisite for the conclusion of the contract, it shall be deemed that the contract has not been concluded;
If the terms of the arrangement on the other party does not oblige, even if the
comprising about them writing.
section 1727
Each of several contracts for the same Act or included in a
the same instrument is assessed separately. If the nature of a few contracts
or from their purpose known to the parties at the conclusion of the contract, that they are on the
interdependent, each of them is a condition for the emergence of other contracts.
The demise of the commitment of some of them, without satisfaction of the creditor is deleted the other
dependent of the Treaty, and with similar legal effects.
section 1728
(1) Each can lead the negotiations on the Treaty freely and is not responsible for that
It does not close unless negotiations on the Treaty will launch or in such negotiations,
continues without the intention to conclude the contract.
(2) the negotiations on the conclusion of the contract, the Contracting Parties shall communicate to the
all the factual and legal circumstances of which he knows, or should know, so
to each of the parties could convince the possibility to conclude a valid
Agreement and to each of the parties an obvious interest in her contract.
section 1729
(1) if the parties Reach in the negotiations on the Treaty so far, that is the conclusion of the
the contract seems highly likely, the party is false,
Despite the reasonable expectations of the other party in the negotiations on the conclusion of the contract
the contract is terminated without just reason for it has.
(2) the party who is dishonest, it replaces the other side damage, most
However, to the extent that corresponds to the loss of the contract to be finalised in
similar cases.
§ 1730
(1) if the parties in the negotiations on the Treaty information and communication has
each of the parties the right to keep the records, even if the contract does not
closed.
(2) if the party in the negotiations on the Treaty on the other hand, confidential
or communication, ensure that they are not abused, or to avoid their
disclosure without lawful reason. Breach of this duty and will enrich the
the other side of the issue, it is enriched.
Section 2
The conclusion of the contract
Proposal on conclusion of the contract
section 1731
From the proposal on the conclusion of the contract (hereinafter referred to as the "offer") must be clear that the
the one who makes it, has the intention to conclude a contract with the person against whom
the menu is.
section 1732
(1) the legal negotiations towards the conclusion of the contract is an offer, if
contains the essential terms of the contract so that the contract may be
closed its simple and the adoption of an open-ended, and if he passes
will be bound by the agreement of the claimant, if the offer is accepted.
(2) it is considered that the proposal to deliver the goods or provide the service for the specified
price made in business advertising, catalog, or
exposure of the goods is subject to the offer until stocks are exhausted or loss
the ability of the entrepreneur to perform.
section 1733
The Act, which does not comply with section 1732, is not a supply and therefore cannot be
accepted. If the will promise of performance for a particular performance or
the result, it is a public promise, or a call for submissions
menu. The same is true about the speech, which tends towards the infinite circle
persons or to the nature of the ads, if it clearly does not imply something
another.
section 1734
The offer made orally shall be taken without delay, unless something else
stems from its content, or from the circumstances in which it has become. This also applies
then, if the person submitted to the present offer, made in a written
the form.
§ 1735
The offer, made in a written form to the absent party must be taken
within the time limit indicated in the offer. If the period is not listed, you can accept the offer
at the time of the reasonable nature of the proposed contract and the speed of the means which
the appellant used for sending offers.
section 1736
The offer is irrevocable, if it is explicitly expressed in it, or
If the parties agree so. The offer is also irreversible, if it
from the meeting of the parties on conclusion of the contract, from their previous business
contact, or from the practice.
§ 1737
The cancellation of the offer
Even if the offer is irrevocable, it can be cancelled if the cancellation speech
There is the other side of the menu before delivery or at least simultaneously with him.
section 1738
Revocation of offer
(1) even if the offer is revocable, it cannot be appealed within the time limit specified for the
its adoption, unless it's in the menu checks out. Revocable offer can be
appeal, if the appeal is only the other side before it sent
acceptance of the offer.
(2) the Bid cannot be retracted, if it is expressed with nonrepudiation.
section 1739
(1) if the offer is rejected, the efficiency of the refusal.
(2) Die-if either of the parties or shall cease if the mom close
the contract, the offer shall lapse if it is obvious from the menu or from the
the nature and purpose of the proposed treaty.
Acceptance of the offer
§ 1740
(1) the person to whom the offer is made, the offer shall adopt, if it
in time against the complainants consent. Silence or inaction by themselves
the adoption is not.
(2) the Act, which contains the amendments, reservations, limitations or other
changes, it is a rejection of the offer and shall be considered a new offer. The adoption of the
the menu, however, is the answer, that defines the content of the proposed treaty, other
the words.
(3) the answer with the addition to or variation that does not substantially alter the conditions
the menu is the acceptance of the offer, if the applicant without undue delay
such acceptance shall not refuse. The plaintiff may accept the Appendix
or exclude in advance already in the menu, or in any other way, that
raises doubt.
section 1741
When the specified menu, more than one person is concluded, where the menu
all of these people, if its content indicates the intention of the claimant,
in order to become a party to the Treaty, all persons to whom the offer is made,
or, if it can reasonably be expected from such an intention to the circumstances in which
the offer was made. The same applies, mutatis mutandis, if the obvious intention of the
the appellant, in order to become a party to the contract, a number of these persons.
section 1742
Acceptance of an offer may be revoked if there is a cancellation of the claimant not later than with
the adoption.
section 1743
(1) a late acceptance of the offer has the effects of early adoption, if
the applicant without undue delay, at least orally inform the person that
the offer made, that acceptance is considered timely, or begins to behave in a
conformity with the offer.
(2) it follows from the document that expresses the acceptance of the offer, that was
sent in such circumstances that the claimant has timely, if
the transport took place in the usual way, the late adoption of the effects
early adoption, unless the claimant without delay inform at least orally
the person, that the offer was intended, that it considers the offer as extinct.
section 1744
With regard to the content of the menu or to the practice, which the parties between themselves
introduced, or if this is normal, the person to whom the offer is made,
accept the offer so that it maintains, in particular, shall provide or
If the performance. Acceptance of the offer is effective at the moment when negotiations
There, if you have it in time.
section 1745
The contract is concluded the moment when an acceptance of an offer becomes effective.
Section 3
The contents of the contract
§ 1746
(1) the statutory provisions governing the different types of contracts shall apply to
the Treaty, which includes the essential elements of the contract provided for the
in the basic provisions for each of these contracts.
(2) the parties may enter into such a contract, and not specifically as a type
the Treaty modified.
section 1747
If the contract is free, it is considered that the borrower wanted to commit
rather less than more.
section 1748
It is considered that the arrangements that a certain part of the contents of the contract will be between the
the Parties subsequently agreed, is a condition for the effectiveness of the contract.
section 1749
(1) if the parties Ujednají, that a certain relevance to the Treaty shall determine the third person
or court, such determination is the condition of the effectiveness of the Treaty. Unless the
the third person of relevance of the contract within a reasonable time, or if he refuses it
determine, either party may propose that the Court declare this commitment.
(2) in determining the particulars to be taken into account for the purpose of that contract probably
monitors, the circumstances under which the contract was concluded, as well as to
in order to have the rights and obligations of the parties fairly organized.
section 1750
If the entitled party does not propose additions of content of the Treaty in the agreed time limit,
otherwise, within one year from the conclusion of the contract, it shall be deemed that the contract
from the very beginning.
section 1751
(1) the portion of the content of the contract can be determined by reference to the terms and conditions that
projector connects to the menu or that are known to the parties. The derogation
arrangements in the Treaty have precedence before the wording of trade conditions.
(2) if the parties Refer in the menu and in the acceptance of the offer on the business
the conditions, which contradict, the contract is still closed with the content
specified in the extent in which the commercial terms are not in contradiction; It
also applies in the event that this terms and conditions. If it excludes the
one of the parties, without undue delay, at the latest after an exchange of speeches
will, the contract is not.
(3) at the conclusion of the contract between the entrepreneur can be part of the contents of the contract to determine the
I simply link to business conditions prepared by the professional or
interest organisations.
section 1752
(1) If a party Concludes in the ordinary course of trade, with a greater number of persons
of the Treaty in order to bind to the long term, the fulfilment of the same kind again with
link to business conditions, and if the nature of the commitment already at
negotiations on the conclusion of the contract the reasonable needs of their subsequent changes can be
Uh, that the party's may business conditions in a reasonable range
change. The arrangement is valid if it has been agreed in advance, at least, how to
the change to the other party shall be notified, and if this side will establish the right to change
reject and denounce the obligation for this reason in the time of notice
sufficient to obtain similar performance from another vendor;
However, no arrangements with such testimony connects
a special obligation to the disclosing party.
(2) has not been negotiated a range of changes in business conditions, be taken into account to
changes due to the change in circumstances such that when the conclusion of the
the Treaty party, referring to the trading conditions had to assume, nor
the changes caused by changing its personal or financial circumstances.
section 1753
The provisions of the business conditions that the other party could not reasonably
expect, is ineffective, has taken to this page explicitly; to the opposite
the arrangement shall be disregarded. Whether it is about such a provision, shall be
not only because of its content, but also to the way his comments.
section 1754
(1) if the parties in the contract a clause crafted in used
unloading rules, it is considered that this clause was intended to
invoke the legal effects provided for in the rules vykládacími covered in
the contract refers, where applicable, those vykládacími the rules with
taking into account the nature of the contracts typically used.
(2) if one of the parties to the Treaty against the entrepreneur, this can be
side reach the significance of the clause only if it is demonstrated that its meaning
It had to be this side I know.
section 1755
Give up the party generally oppose the validity of the contract, shall
to it.
Section 4
Form of contract
section 1756
If the contract is not concluded by saying, it must be apparent from the circumstances of the will of the parties
Uh, its particulars; in doing so, account shall be taken not only to the conduct of the parties,
but also to price lists, menus, and other public documents.
section 1757
(1) After the conclusion of the agreement between the parties in a form other than in writing is
the parties left at will, whether the contents of the contract in written form
confirm.
(2) if so, when the business of the parties, one of them against the other in the
the belief that her confirmation of the content of the contract faithfully captures, apply
the contract concluded with the content set out in the certificate, even if the shows
deviations from the agreed contents of the Treaty indeed. This is true just in case
the derogations referred to in the amended contract actually agreed content
nepodstatným manner and are of such a nature, that it is a reasonable entrepreneur
even approved, and under the condition that the other party would not reject such exemptions.
(3) paragraph 2 shall also apply in the event that the contract has been concluded at the
the business of one of the parties and the other party shall confirm its contents.
section 1758
If the parties agree that, for the conclusion of a certain form of used, it is considered
that do not want to be bound, if it is not this form of compliance. This also applies
then, if one of the parties to contract was concluded in
the written form.
Section 5 of the
The effects of the Treaty
General provisions
section 1759
The parties to the Treaty undertakes to. It can be amended or repealed only with the consent of
all of the parties, or for other legitimate reasons. For other persons of the contract
It operates only in the cases provided for in the Act.
section 1760
The fact that the party was not in the conclusion of the contract shall be entitled to dispose of the
What is to be bottled under the Treaty itself the nullity of the contract
does not raise.
section 1761
The ban on the load or the transfer case operates only between the parties, if not
established as a right in rem. Such a ban is valid if it has been set up on the
the duration of the Trust Fund, the trust of the succession, representation
or on another specific and reasonable period of time in which the interests of the parties, which
It is worthy of legal protection.
§ 1762
(1) If a law, that is to the effectiveness of the Treaty, a decision must be
a specific authority, the contract is effective this decision.
(2) where the proposal for a decision submitted within one year of the conclusion of the
of the Treaty, it shall be deemed that the contract from the beginning. This also applies in the
If the proposal was rejected.
section 1763
If the party gradually concluded the contracts to different people right
to use or enjoy the same thing at the same time, it shall have such a right, the person
which the transferor has provided the thing to use or consumption as soon as possible. If it is not
no such right to the person with whom the contract has been concluded, that
became effective as the first.
Change of circumstances
§ 1764
Changed circumstances after the conclusion of the contract to the extent that the performance of
According to the contract for one of the parties becomes more difficult, it does not change anything on the
its obligation to meet the debt. This does not apply in the cases provided for in §
1765 and 1766.
§ 1765
(1) if there is a change in circumstances so substantial that the change of bases in the
rights and obligations of the parties, particularly the gross disparity of disadvantages one of the
them either disproportionate increase in the cost of performance or disproportionate reduction
the value of the subject of performance, the party concerned has the right to claim against the other
side of the resumption of negotiations on the Treaty, if it appears that the amendment could not reasonably
assume or affect, and that fact has occurred until after the conclusion of the
of the Treaty, or the party concerned became known after conclusion of the contract.
The application of this law does not entitle the party concerned to
the performance.
(2) the right referred to in paragraph 1, the party concerned does not take on the
himself the danger of changes in circumstances.
section 1766
(1) unless otherwise agreed by the parties within a reasonable time, the Court may, on the proposal
any of them decide that the commitment of contract renewal changes
the balance of rights and obligations of the parties, or that it cancels the date and
the conditions specified in the decision. The proposal of the parties, the Court is not bound.
(2) the Court shall reject the proposal for the amendment of an undertaking, if the party concerned
the right to apply to the resumption of negotiations on the Treaty within a reasonable time, what
change in circumstances had to find out; It is considered that this time-limit shall be two
of the month.
The contract for the benefit of a third person
section 1767
(1) if under the contract the debtor to perform the third person, the creditor may
require that the borrower has complied with.
(2) according to the content, nature and purpose of the Treaty, shall examine whether and when also
the third person acquired the right to require compliance with direct. It is considered that the third
a person of such right acquired to be performance mainly to the benefit of just
her.
(3) Objections of the Treaty has also the debtor against a third party.
section 1768
If a third person a right acquired from the Treaty, staring at her, as if
on the implementation of the law has not been acquired. If this is not contrary to content and purpose of the Treaty,
the creditor may request the performance for yourself.
§ 1769
Agreement on the implementation of the third person
If someone undertakes to ensure for the other side to the third person
fulfilled, the fact that the third person agreed to speak to
the performance provided by the. -If undertakes, however, someone to the fact that the third party has executed,
What has been agreed, will replace the damage that the lender will suffer if the fulfilment
does not occur.
Section 6
Special ways of conclusion of the contract
§ 1770
The provisions of the offer and acceptance of the offer shall apply mutatis mutandis to the
cases, when parties ujednají for the conclusion of the contract a different procedure.
section 1771
Auction
(1) the contract is concluded When the auction hammer.
(2) Already made by the menu is canceled if a higher bid is made, or
If the auction ends differently than hammering.
Public competition for the best offer
section 1772
Who shall announce the competition for the best insubstantial persons, menu is the
the call for tenders.
section 1773
Administrators shall establish in written form at least in a general way
the subject of the implementation of the policies and other content of the intended contract, on which
lasts, and determines how the submission of tenders and the time limit within which the offer can be
the lodge, as well as the time limit for the notification of the selected menu. The contents of the terms and conditions
the competition shall publish in an appropriate manner.
section 1774
Announcer of the published conditions of competition cannot change or competition
Cancel, unless it was in the conditions of competition are reserved. Change or
the cancellation shall publish in the same manner by which the conditions of competition.
section 1775
(1) the Announcer offer into the competition if its content corresponds to the
the best conditions of competition. The offer may be adjusted only in
the extent to which the conditions of competition are permitted.
(2) the competition cannot include the offer submitted after the time limit laid down in the
conditions of the competition.
(3) the applicant has the right to compensation for the costs associated with the participation of the
competition, admit it, if the conditions of the competition.
§ 1776
(1) unless the conditions of the competition, something different, you cannot revoke the offer after
expiry of the period specified in the conditions of competition for the submission of tenders.
(2) the conditions of competition may specify that the menu can be changed or supplemented;
to change or supplement the bids made after the closing date specified in the
the conditions of competition for the submission of tenders shall not be taken into account. Fix
quote errors can be made at any time, if it
conditions of competition do not exclude.
section 1777
(1) the Announcer selects the best of the offers and announce its acceptance of the
in the manner and within the time limit, which are specified in the conditions of competition.
(2) if it is not specified in the conditions of competition, the award is
shall be entitled to select the menu, the announcer that best suits him.
section 1778
(1) the Principal shall take the offer selected pursuant to § 1777. Shall notify the
acceptance of the offer of the proposing side after the time specified in the conditions of competition,
the contract does not arise, if selected the applicant without undue delay
notify the vyhlašovateli that the acceptance of the offer as of late.
(2) the Principal may reject all tenders submitted, if the reserved
It's in the conditions of competition.
section 1779
The administrators shall notify, without undue delay after their competition
the appellant, who failed the competition that their bids rejected.
Public offer
§ 1780
(1) a public offer is the manifestation of the will of petitioner, which turns on
indeterminate persons with the proposal on conclusion of the contract.
(2) the complaint to conclusion of the contract, which does not imply an intention to conclude a
the Treaty or which does not have the requirements referred to in section paragraph 1732. 1, is considered to be
for the call for tenders.
section 1781
The public offer can be revoked if the applicant published an appeal before the
accepting the offer to the public in a way which was a public offer
published.
section 1782
(1) on the basis of a public offer, the contract is concluded with who in time and in
the applicant shall be notified as soon as possible, that the public accepts the offer.
Where a public offer at the same time several persons, is the contract concluded with the
that which the appellant has chosen.
(2) unless the time limit for the receipt of tenders, the time limit for
appropriate to the nature of the offer to the public.
§ 1783
(1) an applicant shall notify the recipients of the conclusion of the contract without undue delay
After the acceptance of the offer to the public. Other reports that have failed.
(2) If the applicant confirms the conclusion of the contract the beneficiary later than
provided for in paragraph 1, the contract does not arise, if the recipient refuses the conclusion of
the Treaty without undue delay, then, when he realized the confirmation
the petitioner about the conclusion of the contract.
section 1784
(1) Determine if the public offer, the contract is concluded expressly with certain
the number of persons, or with all who have accepted a public offer within the time limit
under section 1782.
(2) if the applicant fails to comply with the notification obligation, is bound by all the
přijetími offer to the public, whose designers announced the result.
Section 7
The contract about a future
§ 1785
Basic provisions
The Treaty of the Treaty to the future of at least one party undertakes to conclude after
the invitation within the time limit, otherwise in the agreed one year future contract, the
the content is negotiated at least in a general way.
§ 1786
Heavily bandaged hand arises the obligation to enter into a contract without undue delay
after it prompted the entitled party in accordance with the Treaty on the
the Treaty's future.
section 1787
(1) to comply with the obligation to conclude a contract bound by the party, may
the entitled party may require that the contents of the future of the Treaty the Court has designated or
the person designated in the contract. Unless this person is content the future of the Treaty in
reasonable period of time or if it refuses to specify the entitled party may
to propose that the Court declare it.
(2) the content of the future Treaty shall be determined according to the purpose, which is the conclusion of the
the future of the Treaty seem to follow. It is based on the proposals of the parties, and
taking account of the circumstances under which the contract was for the future
closed, as well as to the rights and obligations of the parties were fairly
arranged.
section 1788
(1) if the beneficiary does not prompt a party committed to conclusion of the contract
in time, the obligation to conclude a future contract is voided.
(2) if the circumstances from which the parties of the commitment of the Treaty
the future seemed relied on, to the extent that the bandaged hand
cannot reasonably be required, that the contract has closed, the obligation to conclude a
the future agreement will lapse. If the party fails to keep an eye on the legitimate side of the
change of circumstances without undue delay, will replace the legitimate side of the damage
resulting from it.
Part 3
Content of the commitments
General provisions
Section 1789
Of the obligation, the debtor is obliged to give something, anything, something, to refrain from
or something to endure, and the creditor is entitled to require from him.
section 1790
Commitment cannot be changed without the agreement of the creditor and of the debtor, unless the law
provides otherwise.
section 1791
(1) the occurrence and duration of the commitment shall not prevent, if not expressed reason, on whose
the basis of which the debtor has the obligation to fulfil; However, the lender is required to demonstrate
the reason of the undertaking.
(2) if it is about the commitment of the security, the lender reason commitment
to demonstrate, unless the law specifically provides for it.
section 1792
Remuneration for the performance of
(1) if the parties to a contract the obligation to provide and accept claims
remuneration, without being struck above, or the way in which the above
intended, that the remuneration was negotiated in the open at the time and in the place of
the conclusion of the contract. If this level of remuneration shall be determined by the Court to determine
with regard to the content of the contract, the nature of the performance and usage.
(2) if the remuneration agreed Was in conflict with the law on prices,
pay for the agreed upon that which is allowable under these provisions.
Disproportionate shortening
section 1793
(1) the parties undertake to enhance the performance and, if the performance of one of the
the parties in proportion to what has provided the other party, the abbreviated
Party may request the cancellation of the contract and return everything to its original state,
unless the other party make up what has been truncated, with regard to the price
common at the time and place of the conclusion of the contract. This does not apply, if the disparity
reciprocal performance based on the fact that the other party did not know
didn't even know about.
(2) paragraph 1 shall not apply to the case of the acquisition of the commodity exchange, while
trade with the investment facility in accordance with another Act, in an auction or
way built a public auction on a par, or in the event of bets or
games, or when the settlement or novation, if you were honestly made.
section 1794
(1) the right under section 1793 does not arise, if the reason for the disparity of the mutual fulfilment of the
results from the special relationship between the parties, in particular if the abbreviated
the party had the intention to carry out partly, and partly in return for payment or free of charge,
If you cannot determine the amount of shortening.
(2) the right under section 1793 does not arise even if it gave up a short
the party specifically and said that accepting performance for price
of particular popularity, or if agreed with the disproportionate price, though her
the actual price performance has been or must be known.
§ 1795
The right referred to in section 1793 lapse if not exercised within one year from the
the conclusion of the contract.
section 1796
Usury
The contract is not valid, the conclusion of which someone exploited the distress,
inexperience, intellectual weakness, agitation or recklessness of the second
the parties and can be herself or other promise or provide implementation, which
property value is to the mutual benefit in gross disproportion.
section 1797
The businessman, who made a Covenant in his business, does not have the right to
to request cancellation of the contract pursuant to § 1793 paragraph. 1, or cannot reach
the invalidity of the contract pursuant to § 1796.
Contracts concluded adhesive way
Section 1798
(1) the provisions concerning the contracts concluded by the adhesive in a way applies to
each treaty whose basic conditions were determined by one of the Contracting
of the parties or in accordance with its instructions, without the weaker party should real
the opportunity to influence the content of these basic conditions.
(2) Apply to the conclusion of the contract, the weaker contracting party form
used in a trade or other similar means, it shall be deemed that the
the contract has been concluded and adhesive.
§ 1799
Clause in a contract concluded in the manner, which refers to the adhesive on the
the conditions referred to outside of the text of the Treaty is in force, if the weaker
party with the clause and its significance of familiar or if it is proved that the
She had to know the meaning of the clause.
section 1800
(1) if the contract contains an adhesive procedure clause, which can be a way
read only with special difficulties, or a clause, which is for the person
the average sense incomprehensible, this clause is valid, if
the weaker side of the injury, or if the other party proves that the weaker side was
the importance of clauses adequately explained.
(2) if the contract contains an adhesive procedure in a way which is
for the weaker side is particularly disadvantageous for it without reasonable grounds,
in particular, if the contract diverges seriously and without a specific reason from
normal conditions ujednávaných in similar cases, the clause is
invalid. If it requires a fair arrangement of rights and obligations
the parties, the Court will decide by analogy pursuant to section 577.
§ 1801
If the parties differs from § 1799 or 1800 or eliminate some of the
These provisions shall be disregarded. This does not apply for contracts
concluded between entrepreneurs, unless the party proves that the clause referred to
outside of the actual text of the Treaty and proposed other party rudely
contradicts the accords and the principle of fair trade.
Interest
section 1802
They are to be met and if there is no interest on the amount agreed, the debtor
interest in the amount established by law. If they are not interest
established, the debtor pays the usual interest required for the loans, which
are banks in the domicile of the debtor at the time of the conclusion of the
of the Treaty.
section 1803
It is considered that the amount of interest relates to the ujednaná annual period.
§ 1804
Interest shall be paid in the same currency as the main debt (principal).
section 1805
(1) if the period of payment of interest agreed, interest is paid once, and
If the principal sum payable later than for the year, pay interest annually.
(2) a creditor who, without reasonable reason, with application of the law has dragged its feet on
the payment of the debt so that interest is as much as the principal, shall cease to be entitled to
require additional interest. The date when the law is implemented by the Court, however,
other interest belongs.
section 1806
Interest on interest can be claimed, it was agreed to. If this is about
the claim of infringement, the interest from the date of request,
When the claim was asserted in court.
section 1807
Backup
It is considered that what one party to the other, before concluding the contract is
the backup.
The earnest
section 1808
(1) was negotiated in earnest, if required, to be handed in no later than
at the conclusion of the contract. Závdavkem, confirms the conclusion of the contract and the party
that gave it, provides assurance that debt.
(2) to comply with the debt of the causes on the side of the person who gave the earnest, can
second party's the earnest. If this party gave the earnest, has a
the right to require that either it was released twice as much, or to
the borrower's debt, or, if it is not already able to meet the debt, pay
damage.
section 1809
If the party gave the earnest and was agreed to at the same time the right to withdraw from
contract, without separately ujednalo severance pay, the money for the
severance pay. In the event of the Treaty party, which gave the earnest, loses
the right to return; in the event of a party that has accepted the earnest issue
the other twice as much.
Part 4
The provisions on the obligations of the contracts concluded with the consumer
Section 1
General provisions
§ 1810
The provisions of this part shall apply to the contract, that the consumer
concludes the entrepreneur (hereinafter referred to as "consumer contract") and the obligations of the
incurred by them.
section 1811
(1) any communication to the consumer must make a clear and entrepreneur
clearly in the language in which the contract is concluded.
(2) if the hearing of the parties to the contract and these facts
are not obvious from the context, the entrepreneur shall communicate to the consumer in
good time before conclusion of the contract or before
the consumer shall make a binding offer
and, where appropriate, their identity) of the phone number or address for the
delivery of electronic mail or other contact information,
(b) the designation of the goods or services), and a description of their main characteristics,
(c)) the price of goods or services, or the method of its calculation, including all
taxes and charges,
(d)) method of payment and the method of delivery or performance,
e) delivery costs, and, if those costs cannot be determined in advance, an indication of
that may be subsequently charged,
(f) information on the rights) arising from defective performance, as well as on the rights of the
guarantees and other conditions for the application of these rights,
(g)) an indication of the duration of the undertaking and the terms of their commitment if it is to be
contract is concluded for an unlimited period,
h) data on the functionality of digital content, including technical protection
measures, and
I) data on the interoperability of digital content with hardware and software
they are entrepreneurs known or which can reasonably be expected to
He could be known.
(3) the provisions of paragraph 2 shall not apply to the contract
and) for the purpose of transacting business concluded of everyday life,
If you want to enhance the performance immediately after its closure, and
(b)) for the supply of digital content, if it was delivered on a tangible medium.
section 1812
(1) if the content of the Treaty can be interpreted in different ways, the interpretation for the
the consumer is the most favorable.
(2) to the arrangement provisions of the Act from the odchylujícím set out to
consumer protection is not taken into account. This is true even if the
the consumer gives up the special rights which the law provides.
section 1813
It is considered, that the disabled are the arrangements, which conflict with the
the requirement of proportionality a significant imbalance of rights or obligations
the parties to the detriment of the consumer. It does not apply to the arrangement of the subject
performance or price, if the consumer provided a clear and
in a meaningful way.
section 1814
In particular, prohibit arrangements that
and) exclude or limit spotřebitelova the rights of defective performance or on the
compensation for injury
(b) undertake to comply, consumers), while businesses will create an obligation to
fulfil the condition depend on his will,
(c)) allow the entrepreneur did not deliver to the consumer what the consumer
issued, even in the case that the consumer contract does not close or withdraw from it,
d) based business the right to withdraw from the contract without reason, while
the consumer not
e) based business the right to terminate the undertaking without good reason
Special considerations without adequate notice,
(f) undertake consumer irrevocably to) performance under the conditions with which the
had the chance to meet before the conclusion of the contract,
g) allow businessmen to their will changed the rights or obligations
the parties,
h) determine the price to be suspended for a period of implementation,
I) allow you to increase the price without the entrepreneur, the consumer will have to
the substantial increase in the price of the right to withdraw from the contract,
j) deprive the consumer of the right of action, or use a different procedural
the resource or in the application of such a law, or impose
the obligation to exercise the right to the consumer exclusively in arbitration or
the arbitrator, not bound by the rules laid down for the protection of
the consumer,
to pass on to the consumer) the obligation to prove compliance with the obligations of the
entrepreneurs, which imposed on him by the provisions of the Treaty on financial service,
or
l) depriving the consumer of his right to determine that an undertaking should be
provided by the implementation of priority paid.
section 1815
To a disproportionate arrangement shall be disregarded, unless the consumer
dovolá.
section 1816
(1) if the price is at least in part by a loan or lease
provided by the entrepreneur and the use of the consumer's rights to withdraw from the
Treaty, subject to the effects of withdrawal on a credit agreement or
borrow; This is true even if the loan or lease provided by third
person pursuant to a contract concluded with an entrepreneur. In this case,
the provider of the loan or lease, or even another person denies the
apply any sanctions against the consumer.
(2) the provisions of paragraph 1 shall apply in the event that the consumer
the contract has been concluded or that the distance is
consumer contract for the timeshare and device
other recreational services. In other cases, the provisions of
paragraph 1 shall apply if the parties in the contract concerning the loan or
borrow not diverted or if it is ruled out.
section 1817
The entrepreneur shall not require additional payment to the consumer than that is
the consumer is obliged to pay on the basis of the main contractual obligation,
If the consumer is not given to this additional payment express consent.
§ 1818
If the consumer has the right to withdraw from the contract in accordance with the provisions of this
the workpiece is required, to reason, and with the right to withdraw from the contract
You cannot combine the penalty. If the consumer exercises the right to withdraw from the contract
in accordance with the provisions of this part, the time limit for withdrawal for the
preserved, if the consumer sends in its course of business
Notice that from the Treaty.
§ 1819
A textual representation is preserved, if data are provided in such a way,
that is, you can keep and repeatedly appear.
Section 2
Distance contracts and obligations of the way contracts outside the
business premises
Subsection 1
General provisions
§ 1820
Communication before conclusion of the contract
(1) if the hearing of the parties to the contract and if it
Entrepreneur exclusively at least one means of communication, which
allows you to enter into a contract without the simultaneous physical presence of the parties (hereinafter
"means of distance communication"), or if such action is directed to
the conclusion of the Treaty outside the usual for podnikatelovo business
the entrepreneur shall communicate to the consumer in good time before conclusion of the
the contract or before the consumer shall make a binding offer, also
and the cost of the means of communication), if different from the basic
rates,
(b) an indication of any obligation) to pay a deposit or similar payment,
If required,
(c)) in the event that this contract, which the subject is repeated
the performance, the shortest time you will bind the parties to the Treaty,
(d)) in the case of contracts for an indefinite period, or whose subject
It is repeated the performance, an indication of the price or the manner of determining a single
the posting period, which is always one month, if this price
immutable,
(e)) in the case of contracts for an indefinite period, or whose subject
is the repeated filling, information on all taxes, fees and costs
on the supply of goods or services specified in the manner referred to in subparagraph (b)),
(f)) can be used if the right of withdrawal from the contract, the conditions and the time limit
the procedures for the exercise of this right, as well as the form for the withdrawal from the
the Treaty, which lays down detailed requirements of legislation,
(g)) entry that, in the case of withdrawal, the consumer shall bear the cost of
associated with returning the goods, and if the contract concluded
by means of distance communication resource, the cost of recovery
the goods, if the goods cannot be returned to their nature, the usual
the postal way
h) indication of the obligation to pay a proportion of the price in case of a withdrawal from the
the contract, the object of which is the provision of services and the performance of which has already been
It started,
I) in the case of a contract in accordance with section (a) 1837. l), an indication that the consumer cannot
withdraw from the contract, or under what conditions the right to
withdrawal from the Treaty expires, and
(j)) an indication of the existence, the nature and conditions of the extrajudicial execution of
consumer complaints, including information, whether or not you can turn with complaints on
supervisory authority or supervision.
(2) the information referred to in paragraph 1 (b). f), (g) and (h))) can an entrepreneur
the consumer communicate via standard lessons on options
withdrawal from the Treaty, elements of which lays down the legal
prescription.
(3) if the entrepreneur has provided consumers completed sample lessons on
options for the withdrawal, it is considered that the said consumer
the information referred to in paragraph 1 (b). (f)), g) and (h)).
section 1821
If the entrepreneur has not communicated to the consumer data on other taxes and
the charges, which shall be borne by the consumer pursuant to section 1811 of paragraph 1. 2 (a). (c)), or
the costs referred to in section 1811 of paragraph 1. 2 (a). (e)) or under section 1820 of paragraph 1. 1
(a). (g)), the consumer is not required to those taxes, fees or costs
entrepreneurs pay.
section 1822
The contents of the contract
(1) the contract shall also contain the information communicated to the consumer before
the closure. This information can be changed, if the parties expressly ujednají.
The contract shall be concluded in accordance with the data, which were the consumer
communicated before concluding the contract. This information can be changed, if it's
the parties expressly ujednají, otherwise the contract is valid as the content of the entry for
more favourable to the consumer.
(2) the entrepreneur shall issue to the consumer immediately after conclusion of the contract
at least one of its copies.
section 1823
The obligations of the contracts for the provision of services
If the subject of the contract is the provision of services, will begin with the implementation of entrepreneur
their obligations within the time limit for the withdrawal from the contract only on the basis of the
express request of the consumer, made in text form.
Special provisions for liabilities from contracts concluded by distance
way
section 1824
(1) if the contract is taken out through a communication resource to
distance, the entrepreneur shall inform the consumer of the information referred to in section 1811 of paragraph 1. 2 and section
1820 paragraph. 1.
(2) if the means of distance communication does not provide
all the information to the consumer, the consumer shall receive at least the information referred to in section
1811 paragraph. 2 (a). and), b), c) and (g)) and the information referred to in section paragraph 1820. 1 (a).
b), c) and (h)). The other information shall be communicated to the consumer in the entrepreneur text
form no later than until the performance.
section 1825
If the contract is taken out through the phone, the entrepreneur shall inform the
consumers at the beginning of the call, the basic information about yourself and the purpose of the call.
section 1826
(1) the use of electronic means shall the entrepreneur and the data
and whether the contract will be closed) at his store and that it will allow the
the consumer access,
(b)) of the languages in which you can conclude the contract,
(c)) about the individual technical steps leading to the conclusion of the contract,
(d)) about the possibilities of detecting and correcting errors when entering data
prior to the placing of the order and
e) on codes of conduct that are binding for the entrepreneurs or
voluntarily observes and their accessibility by electronic
resources.
(2) the provisions of paragraph 1 shall not apply where the contract is concluded only with the
using electronic mail or equivalent means capable of
separate link and save the data.
(3) prior to the placing of the order must be in the use of electronic
consumer to check resource and change the input data,
that to the order submitted.
section 1827
(1) If a consumer Submits an order through any of the resource
distance communication, the entrepreneur shall through a
resource of distance communication shall forthwith confirm its receipt; It
does not apply when the contract exclusively by Exchange of electronic mail or
equivalent individual communications.
(2) if the contract Concluded for the use of electronic means,
provide consumer entrepreneur in text form in addition to the text of the Treaty and the
the text of the general terms and conditions.
§ 1828
Special provisions concerning the obligations of contracts concluded away from the business
spaces
(1) if the contract Stipulated outside the usual for podnikatelovo
the business, the entrepreneur shall inform the consumer in writing of the particulars referred to in section 1811
paragraph. 2 and section 1820 of paragraph 1. 1; in the other text form only if the
the consumer agreed.
(2) the contract concluded outside the usual for podnikatelovo
business is also considered a contract concluded
and normal) in the podnikatelovo for the business, if its
the closure occurred immediately after the businessman spoke to consumers
outside of these areas, and
(b)) during the trip organized by the entrepreneur in order to promote and
the sale of goods or the provision of services.
Withdrawal from the contract
§ 1829
(1) the consumer has a right to withdraw from the contract within 14 days.
The time limit referred to in the first sentence runs from the date of conclusion of the contract and if the
and the purchase contract) from the date of receipt of the goods,
(b) the subject matter of the contract) are a few of the types of goods or the supply of
several parts, from the date of receipt of the final delivery of the goods, or
(c) the subject matter of the contract) is a regular recurring delivery of goods, from the
the date of receipt of the first delivery of goods.
(2) if the consumer has not been instructed on the law to withdraw from the Treaty in accordance
with section 1820 of paragraph 1. 1 (a). (f)), the consumer can withdraw from the contract in the
one year and fourteen days from the date of the beginning of the time limit for withdrawal
in accordance with paragraph 1. However, if the consumer has been instructed on the law
withdraw from the contract within this period, the two-week time limit for
withdrawal from the day when the consumer guidance received.
§ 1830
If the entrepreneur enables the consumer to withdraw through the
fill out and submit the standard withdrawal form on the
the website shall confirm to the consumer, without undue delay in
text of his acceptance.
§ 1831
(1) If a consumer Withdraws from the contract, send or transmit the entrepreneurs
without undue delay, at the latest within fourteen days of the withdrawal from the
the contract, goods received from him. If the consumer has already
granted, the service is not anything of the entrepreneurs must, with the exception
the provisions of § 1834.
(2) an entrepreneur may only require the payment of costs to the consumer
laid down in this law.
§ 1832
(1) If a consumer Withdraws from a contract returns him the entrepreneur without
undue delay, at the latest within fourteen days of the withdrawal from the
of the Treaty, all funds, including the cost of delivery, which
on the basis of the Treaty, adopted him, in the same way. Entrepreneur returns
the consumer received the funds in any other way peněžení only,
If the consumer has agreed and if he don't another
the cost.
(2) If the consumer has chosen other than the cheapest delivery method
the goods, which the entrepreneur offers, returns to the consumer cost of the entrepreneur
on delivery of the goods in the amount of the corresponding nejlevnějšímu method offered
delivery of the goods.
(3) the Entrepreneur shall reimburse the consumer costs associated with returning the goods,
If the warn consumers about the obligation to bear such costs in the
accordance with the provisions of section 1820 of paragraph 1. 1 (a). (g)).
(4) If a consumer Withdraws from the contract, the entrepreneur is obliged to
return the funds received to the consumer before him
consumer goods or passes the established that the goods entrepreneurs posted.
section 1833
The consumer is responsible only for the reduction of the value of the business the goods
It was founded as a result of the handling of such goods otherwise than is necessary with him
dispose with regard to its nature and properties. This does not apply, if the
the entrepreneur has not communicated to the consumer the information according to the provisions of § 1820
paragraph. 1 (a). (f)).
section 1834
If the consumer withdraws from the contract, the object of which is the provision of
services and the entrepreneur with the discharge at the express request of the consumer
He began before the expiry of the deadline for withdrawal from the contract shall
business proportion of negotiated pricing for the implementation provided to the
the time of withdrawal from the Treaty. If the agreed price was unreasonably high,
the consumer will pay the price corresponding to the proportion of the business market
the value provided by the implementation.
section 1835
The entrepreneur takes over the goods from the consumer in his household on your
the cost, if the consumer withdraws from the contract entered into outside space
the usual business for podnikatelovo, the goods have been delivered to households
the consumer at the time of conclusion of the contract and the nature of the goods, it does not allow
the usual way to send mail.
section 1836
If the consumer withdraws from the contract bears no cost if it is
about the contract
and the object of which is the provision of) services and the businessman did not provide
consumer information under section 1820 of paragraph 1. 1 (a). (d)), and (f)), or if the
the entrepreneur began with the implementation before the expiry of the deadline for withdrawal from the
the Treaty, although the consumer expressly asked or
(b)) for the supply of digital content, if the material has not been delivered to the carrier, and
the businessman said it before the expiry of the deadline for withdrawal from the Treaty,
Although the consumer expressly asked or explicitly take on
Note that the right of withdrawal shall lapse or entrepreneur
given the consumer's copy of the contract.
section 1837
The consumer cannot withdraw from the contract
and the provision of services) if they were satisfied with his previous
express consent before the expiry of the deadline for withdrawal from the Treaty and
the entrepreneur told to the consumer before conclusion of the contract, that in such a
the case has the right to withdraw from the Treaty,
(b)) for the supply of goods or services whose price is dependent on the direction
financial market independently of the will of the entrepreneur and which may occur
during the period for withdrawal from the Treaty,
(c)) for the supply of alcoholic beverages, which can be delivered up to the end of the
thirty days and whose price depends on the direction of the financial market
independent of the will of the entrepreneur
(d)) for the supply of goods that have been modified according to the wishes of the consumer or
for his person,
(e)) for the supply of goods which are subject to rapid deterioration, as well as goods, which
It was after the delivery of the irretrievably blended with other goods,
(f)) for repair or maintenance performed in the location specified by the consumer at his
the request; This, however, does not apply in the case of subsequent implementation other than
requested corrections or supply other than the requested spare parts,
(g) the supply of goods in) of the confinement, which withdrew from the consumer packaging and
for hygienic reasons, it is not possible to return,
(h)) for the supply of audio or video recordings or computer program,
If he violated their original packaging,
even) for the supply of newspapers, periodicals or magazines
j) on accommodation, transport, catering or leisure time, if
the entrepreneur provides the following transactions in the specified term, the
to be concluded on the basis of) public auction under the law governing the
public auction or
l) on the delivery of digital content, if the material has not been delivered to the carrier, and
was delivered with the previous explicit consent of the consumer before the expiry of the
the deadline for the withdrawal from the contract and entrepreneur before conclusion of the contract
He told consumers that, in this case, does not have the right to withdraw from the
of the Treaty.
section 1838
Not ordered implementation of the
He added something to the consumer if the entrepreneur without orders and took to
the consumer holding, staring at the consumer as an honest holder.
The consumer does not have to bear the cost of the entrepreneurs nothing, neither about him
notify.
Common provisions
§ 1839
In case of doubt, the entrepreneur must prove that the said consumer
the information that is required to disclose under this subsection.
section 1840
The provisions of this subsection shall not apply to the contract
and the object of which is the provision of) social services, social
housing, child care and support for persons who are permanently or temporarily
located in an emergency situation,
(b) the object of which is the provision of) health care,
(c) the object of which is the bet), game or los,
(d)) the object of which is the emergence of, transfer or extinction of the rights to real and
rent apartment
(e) the object of which is the construction) of a new building and a substantial reconstruction
the building,
(f)) about the tour,
(g)) for the supply of foodstuffs, beverages or other goods intended for current consumption
supplied to spotřebitelovy or to another place, that
the consumer determine
(h)) on the carriage of persons,
I) closed when using vending machines or automated
business premises, or
j) concluded with the provider of publicly available electronic services
communications via phone for the purpose of its
use or closed to a single consumer connection
phone, fax or Internet.
Subsection 2
Financial services
§ 1841
The Treaty on financial service for the purposes of the adjustment of consumer contracts in the
This Act means any consumer contract relating to banking,
credit, credit, or insurance services, a contract relating to the pension
insurance, currency exchanges, the issuance of electronic money and contract
concerning the provision of investment services or trade in the market
investment instruments.
§ 1842
(1) the provisions of this subsection shall apply to the contract of financial service
and the rights and obligations arising from it, if it was the conclusion of the contract
used exclusively by means of distance communication.
(2) However, to Conclude, on the basis of the Treaty referred to in paragraph 1 for more
agreement of the same or similar nature, which in time are related,
the provisions of this subsection shall apply only to the first contract; It
does not apply if the contract has elapsed since the conclusion of the last more than one year.
If, on the basis of the Treaty referred to in paragraph 1 to any other expression of will
the same or similar nature, shall proceed mutatis mutandis.
§ 1843
Communication before conclusion of the contract
(1) an entrepreneur in good time before conclusion of the contract or before the
Thus, the consumer shall make a binding offer, shall communicate to the consumer in
text form at least
and the information specified in §) 1811 paragraph. 2 (a). and (b))), d) and section 1820 of paragraph 1. 1
(a). and (c))),
(b)), the main object of your business,
(c)), the name and address of the authority responsible for the supervision or the State
supervision over the activities of entrepreneurs, if it is a business based on the
the authorization,
(d)), the total cost of the service provided, including all fees and taxes
paid by entrepreneurs and other related costs;
If you cannot determine in advance the exact total price, then all the information about the
the method of calculation of the price enabling the consumer's final the prize
Verify
(e) data on other taxes) or costs, which, through
the entrepreneur will not refund or that the entrepreneur does not collect,
f) risks outside the control of businesses associated with the provided
financial services including a warning that the past returns
do not guarantee future returns,
g) lessons about the possibility or impossibility to withdraw from the contract pursuant to § 1846,
including lessons about the limits to the exercise of the right to withdraw from the Treaty,
conditions under which it may be exercised, the payment of the amount which
the consumer may be requested under section after 1849, as well as lessons learned about
the consequences of non-exercise of the right of withdrawal from the Treaty,
h) practical guidelines for the exercise of the right to withdraw from the contract, including
the address of the place to which the notice of withdrawal is sent,
even the letter of the law) each of the parties to terminate early or unilaterally
the commitment of the Treaty on the basis of contractual conditions, including lessons on
the sanctions, if any,
j) indicate the Member State or Member States of the European Union, whose
the legislation takes the entrepreneur as the basis for the establishment of relations with
the consumer prior to conclusion of the contract,
to the indication of the contract clause) of the applicable law and the jurisdiction of the Court in
case of dispute of the Treaty,
l) indication of the language or languages in which the entrepreneur
the consumer to act for the duration of the undertaking and shall provide the
consumer terms and conditions and other information
m) the indication of the existence, nature and conditions of the extrajudicial execution of
consumer complaints, including information, whether or not you can turn with complaints on
supervisory authority or a national supervisory
n) an indication of the existence of the guarantee fund, and
about the time that) remain the data provided, including information about the price in the
the validity of.
(2) if the entrepreneur, through a representative, or if the
the consumer agent, together with the information referred to in
paragraph 1, the information referred to in section 1811 of paragraph 1. 2 (a). and of the representatives of the or)
intermediaries, as well as the legal reason on the basis of
the provider legally.
(3) from information supplied by the consumer must be recognizable by their
business purpose.
section 1844
(1) the contract shall be in accordance with the data, which were
communicated to the consumer before conclusion of the contract. If the content of the contract
yet from these data vary, it must be communicated to the consumer before
conclusion of the contract and changes must be explicitly indicated in the contract; otherwise,
as the content of the Treaty applies to the consumer more favourable.
(2) the data, which were communicated to the consumer before conclusion of the contract, shall
be in accordance with the data that is to be communicated to the consumer by the
law applicable to the contract.
§ 1845
(1) where a contract is concluded at the request of the consumer, with the use of such
means of distance communication which does not enable to communicate to the Contracting
the conditions and other information in accordance with § 1843, meet the entrepreneur
the obligation to immediately after the conclusion of the contract.
(2) if requested by the consumer, at any time during the term of the commitment of the Treaty, the
the right to receive the contractual terms in printed form, as well as the right to change the
method of distance communication, if it is not contrary to the nature of the provided
services or contract.
Withdrawal from the contract
§ 1846
(1) the consumer has a right to withdraw from the contract within 14 days from the
the conclusion of the Treaty; If, however, the data pursuant to section 1843 to 1845 communicated to
After the conclusion of the contract, then within fourteen days from the date when he was
communicated to the. From the contract of life insurance or pension insurance
the consumer has the right to withdraw within 30 days of the date when the
an entrepreneur is informed that the contract has been concluded at a distance.
(2) if the consumer provided the entrepreneur deceptive, the consumer
the right to withdraw from the contract within three months from the date on which it learned of the
or learn should and could.
section 1847
The provisions of § 1846 shall not apply in the event that the
and financial services) the price depends on the movements of prices on financial markets,
that the entrepreneur cannot influence, such as services to foreign-exchange values
and investment instruments, or
(b)) this contract of travel insurance or the insurance of luggage
or similar short-term insurance with the insurance period shorter than
one month.
section 1848
If the financial service agreement linked other agreement concluded
also distance way and related to services, entrepreneur
provides, then the withdrawal from the Treaty on financial service from the start
cancels a commitment arising from the United contract. This is true even if the
the performance provided by a third party under the contracts concluded with the contractor.
section 1849
If the consumer withdraws from the contract, it may require the entrepreneur
the immediate payment of the price just for the service by this time already actually
granted; the price must not be disproportionate extent the services provided.
The right to the payment of the price, however, does not arise if the entrepreneurs began to fill
before the expiry of the withdrawal period referred to in section 1846, without it
the consumer has agreed or if the entrepreneur can prove that the consumer
learned about their right to demand an appropriate price or its part in
the withdrawal of the consumer from the contract in accordance with section 1843 of paragraph 1. 1 (a). (g)).
section 1850
If the consumer withdraws from the contract, he will return all money entrepreneur
resources from him, on the basis of the Treaty, it shall, without delay,
However, at the latest within 30 days from the date of withdrawal from the contract. Also
consumer returns entrepreneurs all funds or other
the property, which he accepted, on the basis of the Treaty, no later than 30
days from the date of the notification of withdrawal from the contract.
section 1851
Not ordered implementation of the
If the entrepreneur fulfils the consumer financial services without the express
the order, the consumer shall pay for the fulfilment of the obligation to or from
that there are no other obligations.
Section 3
Temporary use of the accommodation and other recreational services
section 1852
(1) the provisions of this section shall apply to a consumer contract,
which the consumer acquires for consideration
and the right to use accommodation facility) overnight on more than one time
section or the right to a benefit associated with accommodation, including
transportation or other services, if such contract is concluded for a period
more than one year,
(b)) abetting in the interchange system associated with the implementation of the law by
letters and) in Exchange for the grant of options to another person to use their similar
the rights of the Treaty referred to under (a)), or
(c) the right to the assistance of the entrepreneur) when úplatném the acquisition or transfer of úplatném
the rights referred to in the letters).
(2) the provisions of this section shall apply mutatis mutandis and on the Treaty of the Treaty
the future in accordance with paragraph 1.
section 1853
If the application of the provisions of this section the applicable duration of the obligation,
take into account any arrangements that restore or extend the contract
commitment and without the explicit expression of the will of the Contracting Parties.
section 1854
Communication before conclusion of the contract
(1) in the framework of the tender or sales event entrepreneur on the invitation
clearly indicate the business purpose and the nature of the action. Throughout its duration,
the consumer must have access to the data referred to in paragraph 2.
(2) before the consumer enters into a contract or agrees to its
the conclusion of a free of charge to the consumer, the entrepreneur shall communicate in text form in the
form well in advance, along with the information that matters
the form provides for the detailed legal prescription so that they had the
the consumer easy access. Notifies the consumer expressly and entrepreneur
on its right to withdraw from the contract, on the length of the withdrawal period and on
the prohibition on advance payments and other transactions or their security during the
the deadline for the withdrawal.
(3) the Entrepreneur shall communicate the information to the consumer in his choice in the official
language of the Member State of the European Union, in which the consumer is domiciled
or which the consumer is a national.
§ 1855
Form of contract
The Treaty requires the written form; entrepreneur, however, does not have the right to argue
the nullity of the contract to the consumer for a lack of form.
The contents of the contract
section 1856
(1) the contract shall be the names of the parties and their residence
or seat, the information communicated to the consumer before conclusion of the contract, as well as
the day of conclusion of the contract and the place where the contract was concluded.
(2) the part of the contract is a form of withdrawal from the contract; the information in the
the form fills the entrepreneur. The essentials of the form and the enumeration of data
lays down detailed legal prescription.
section 1857
(1) the contract shall also contain the information communicated to the consumer before
the closure. This information can be changed, if the parties expressly ujednají
or if their non-compliance with the specifications set out in the Treaty has triggered
unpredictable and insurmountable reason independent of the podnikatelově
the will.
(2) unless the entrepreneur to the consumer before conclusion of the contract
These changes in text form in a way that allows easy access, and
nevyznačí-if it is in the Treaty, as expressly applies the contents of the Treaty, the entry for
more favourable to the consumer.
section 1858
The arrangement on the right to withdraw from the contract, on the time limit for the withdrawal and arrangements
about the ban on advance payments and other transactions or their security during the
This time limit shall be signed by the consumer of each separately.
section 1859
The entrepreneur shall issue to the consumer immediately after conclusion of the contract at least
one of its copies.
section 1860
The language of the contract
The entrepreneur shall conclude a contract with a consumer according to his choice in the official
language of the Member State of the European Union, in which the consumer is domiciled
or which the consumer is a national. If different language
from the language of the Member State of the European Union, on whose territory it is located
immovable thing or part thereof to which the Treaty applies, which
the consumer shall acquire the right to use accommodation under section 1852 paragraph. 1
(a). and entrepreneur), issue to the consumer and the official translation of the text of the Treaty
to this language.
Withdrawal from the contract
section 1861
(1) a consumer may withdraw from the contract in writing within the time limit
fourteen days from the conclusion of the contract.
(2) if the consumer Was offered a contract, which he
remuneration shall establish the right to use accommodation overnight on more than
one time, for a period longer than one year, and at the same time the conclusion of the
the Treaty, which he founds the abetting in the interchange system under section
1852, paragraph. 1 (a). (b)), is running for the withdrawal from the two contracts, the only period.
For this period is determined by the contract, the consumer shall
the right to use accommodation.
§ 1862
(1) if the consumer, after conclusion of the contract released her copy,
sets the end of the deadline for withdrawal from the Treaty, depending on the date,
When the consumer has received a copy of the contract.
(2) if the consumer has not been issued for the withdrawal from the completed form
the contract, the consumer can withdraw from the contract within one year and
fourteen days. However, if this was a form the consumer issued to the one
year from the date when the contract was concluded, if appropriate, the date on which
consumer received her copy, if later, the time for
the resignation of 14 days from the receipt of the form.
(3) where not in the contract particulars, which must be the consumer
communicated before concluding the contract, the consumer can withdraw from the contract
within three months and fourteen days. If, however, the following information to the consumer
within three months from the date when the contract was concluded, if appropriate, from the
the day when the consumer has received her copy, if it is later, ends
the deadline for the resignation of 14 days from the communication of the data.
section 1863
If the consumer withdraws from the contract, not the entrepreneurs nothing return on
its costs. If he has already provided the service, not of entrepreneurs
nothing obliged.
section 1864
(1) if the consumer has entered into a contract referred to in section paragraph 1852. 1 (a). and)
or (b)), not after him, no one on the basis of this Treaty, require the backup
or other transactions or their security, until the consumer running period
for a withdrawal from the contract. If at this time the consumer debt
This agreement is the recognition of the debt invalid.
(2) if the consumer has entered into a contract referred to in section paragraph 1852. 1 (a). (c)),
not after him, no one on the basis of this Treaty, require the backup or other
performance or their security until paid to the acquisition or
otherwise transfer rights or until the obligation, on the basis of the entrepreneur
This contract not terminated from another legal reason. If at this time
consumer debt from this contract, is recognition of the debt invalid.
section 1865
If the consumer withdraws from the contract referred to in section paragraph 1852. 1 (a). and)
subject to the effects of the withdrawal from the Treaty and on the Treaty, which
the consumer became sympathy in the interchange system referred to in section 1852
paragraph. 1 (a). (b)), as well as on any other side contract or
the arrangement, under which the consumer has acquired the right to service related
with the main contract, whether the service has to provide the other side of the main
contract or another person on the basis of arrangements with that party. Prohibits the
combine the effects of the withdrawal with the obligation of the consumer to pay for the
any costs or for other transactions.
Special provisions
section 1866
(1) If a consumer has concluded for a period longer than one year contract
which has acquired for a consideration the right to the benefit associated with accommodation, or
with transportation or other services, no to the arrangement, which it
undertakes to pay the payments on the basis of this agreement, including the Member
the fee, otherwise than in equal payments broken down into annual
payments in the same amount. This does not apply if the parties change ujednají above
annual instalments after the first year, according to the evolution of prices.
(2) the entrepreneur shall invite in text form of the consumer to pay every time
not later than 14 days in advance; otherwise, the debt is payable within a period of fourteen
days after the businessman has called on consumers to pay.
§ 1867
He concluded by a consumer for a period longer than one year contract
acquired for a consideration the right to the benefit associated with accommodation, where appropriate, with
transportation or other services, and paid the second installment has the right
then at any time and without stating a reason from the contract in writing to withdraw
within fourteen days of the date when an entrepreneur called for payment of
any additional payments or installments.
Part 5
Joint debts and receivables
§ 1868
General provisions
(1) it undertakes to several debtors for the same performance, or undertakes to
several creditors of the debtor to the same performance, manage debt and common
a common claim according to the principles of joint ownership.
(2) if one of the parties, the other party has the right to require
determination of the common representative for service. If they do not do so, shall determine
This shortcut on the proposal of the Court.
Indivisible performance
section 1869
Indivisible performance the creditor may demand at any of the several
debtors, unless from the nature of the undertaking shows that debt can be achieved only
the common activities of borrowers.
section 1870
If a borrower thanks to several creditors to the indivisible fulfillment, not
required to meet one of the creditors, unless he can be reasonable
sure, or if the parties agree on all the creditors. Whether it is
spoluvěřitel, which got the whole performance, towards the other something to
depends on the ratio between spoluvěřiteli; otherwise, it is considered that it is not obliged to
nothing.
section 1871
Divisible performance
(1) any of several spoludlužníků dělitelného performance is owed only
your part and each of the several creditors dělitelného the implementation vendor
only my part, unless the contract, the law or a court decision shall lay down the
otherwise.
(2) if it has been agreed that any of the creditors may request a full population,
meet the whole debt by the debtor to the person who asked about the fulfilment of the first. Fulfilled if
the debtor the whole debt of one of the rules, the other after it
nothing should.
Borrowers committed jointly and severally
section 1872
(1) If several borrowers committed to fulfil, jointly and severally, are
required to perform one for all and all for one. A creditor may
require a full population or its any part at all
spoludlužnících, just some, or on any of the spoludlužníků.
(2) the special arrangement of the creditor and to the other joint debtor does not
co‑debtors.
section 1873
The creditor's delay to one of his spoludlužníků delay
even against other co‑debtors.
section 1874
It is committed to the implementation of several businesses together, it is considered that the
they are committed to jointly and severally.
section 1875
It is considered that the market shares of the debt for all of the spoludlužníků are in their
proportions the same.
§ 1876
(1) where a creditor against a spoludlužníků of more than
corresponds to its market share, it shall inform the other co-debtor and give
them the opportunity to lodge their objections against the claim. Has the right to
require to meet the debt according to the shares, which seem to them, or
to this extent, otherwise, get rid of debt.
(2) if the co-debtor Settled more than its share, from
other spoludlužníků. If any of the spoludlužníků
meet a allocates its share, pro rata to all the others.
Lenders permission to jointly and severally
section 1877
If the debtor is obliged to fulfil several creditors entitled to it
jointly and severally, can any of them to ask for the whole population. The debtor
completed in its entirety, who asked about the performance of the first.
section 1878
(1) the Delay of one of the rules find themselves in arrears also
other spoluvěřitelé.
(2) Connects to the claim and debt in the person of one of the rules,
cease to exist by the Court and the other against the debtor of the claim.
Episode 6
Changes in liabilities
Section 1
Change in the person of the creditor or the debtor
Subsection 1
Change in the person of creditor
Assignment of a receivable
section 1879
The creditor may claim all or part of the advance by the Treaty as a
the assignor and the debtor without the consent of another person (the transferee).
section 1880
(1) the assignment of the receivables shall also mentions her accessories and
the rights associated with the claim, including its security.
(2) the assignor assignee shall issue the necessary documents on the claim, and shall communicate
to him everything that is needed to claim.
section 1881
(1) Refer to a claim that can be disposed of, if the arrangement
the debtor and the creditor.
(2) you cannot assign the claim, which extinguishes the death or whose content would
with the change of the debtor's creditors to bear has changed.
section 1882
(1) Until the debtor's or assignor communicated until the latter is
referral of debts to the debtor, the debtor can demonstrate their
the obligation to comply with the postupiteli, or otherwise
balances.
(2) Advanced to the assignor of the same claim is made against several persons,
the borrower's effective referral of the borrower know as soon as possible.
§ 1883
The receivable has no effects on the person, that debt to ensure
Lien, liability or in any other way, unless the assignor of the
communicated to the assignment of a receivable or until she mentions the referral
the claim proved.
section 1884
(1) the debtor shall remain even after the assignment of the objections maintained against
the claim, which was at the time of referral. Their mutual claims on
postupiteli the debtor can reply to assignee, even if at the time of
assignment not yet due; However, their claims must be assignee
announce without undue delay after he learned about the assignment.
(2) However, if the debtor against the assignee being acknowledged the claim
as a right, as it is obliged to satisfy his creditors.
section 1885
(1) if the claim has been referred to it for consideration, corresponds to the assignor
assignee up to the amount of remuneration received with interest on that debt in
the time of the referral, and vouches for her when. This does not apply, if the
the latter is knowing that the claim is the future, uncertain or impregnable.
(2) the assignor is not liable for claims, has ceded to
the impregnable until after the cession either accidentally or inadvertently
the transferee. An accident can be attributed to the postupníku in particular, where
enforce the claim without undue delay after having become due
or postpone the maturity of receivables.
(3) the rights and obligations of the assignor and assignee
mutatis mutandis, the provisions of § 1914 to 1925; defect claims must, however,
the latter is beyond reproach for the assignor without undue delay after the
could and had to find out.
section 1886
(1) at the request of the purchaser may enforce a claim forwarded by the assignor
on its own behalf on behalf of the transferee; If the assignment of a receivable
already notified to the debtor or the assignor may claim
recover, if the consent of the purchaser proves and if the transferee of the claim
itself shall not be recovered.
(2) if the assignor shall recover the claim, the debtor can argue against it
the mutual claims, which is against the postupiteli, but not the claim,
It has against the assignee.
section 1887
Referral to file claims
You can also assign the file claims, whether current or future,
If such file claims sufficiently specified, in particular if it is
of the claims of a given species emerging creditors in a particular time or
the various claims of the same legal reason.
Subsection 2
Change in the person of the debtor
Assumption of debt
section 1888
(1) Whoever ujedná with the borrower that incorporated his debt, face off as the debtor
in its place, if the creditor consent to the original obligor or
přejímateli debt.
(2) when the licensee when the transfer of ownership to the point
recorded in a public list and registered a lien or other security
stranded on the matter, it shall be deemed that the debt secured confidence went. After
the transfer of ownership of the transferor lender may invite written
form to the transferee instead of him, accepted as a new borrower.
If the creditor refuses to give consent, the consent given, if
was this in the invitation explicitly notified.
§ 1889
Nepřivolí-if the creditor to take the debt or if he refuses to give him
consent, the lender shall not direct the right to přejímateli the debt;
přejímatel debt to the debtor, however, has the obligation to make the debtor
the lender didn't have to perform. Such an obligation has against the debtor and the one who
He gives the performance of his creditors.
§ 1890
(1) the content of the obligation with the takeover of the debt does not change. Přejímateli the debt belongs to
all the objections, which could apply to the original debtor. The takeover of the debt
does secondary rights associated with the claim.
(2) ensure the debt provided by a third party, however, it takes only
If the third party consents to the change in the person of the debtor.
section 1891
Instead of the existing arrangement of a debtor whose debt is cancelled,
Enter a new borrower with debt from a separate legal relationship or with
obligations to carry out another subject, does not raise the consequences of the assumption of debt and
shall be considered as the netting.
section 1892
Accession to the debt
(1) Whoever, without the debtor's consent ujedná with the lender that the borrower for
meet its debt, becomes a new addition to the original debtor and the debtor is
together with him thanks, jointly and severally.
(2) Ensure the debtor's debt if the original third person, not against it
Board for failure to comply with the new debt by the debtor, unless to give
the consent.
section 1893
The takeover of the assets of the
(1) if someone from the transferor any property or its relatively
the specified part, jointly and severally with the debtor from zcizitelem
the debt, which is related with the property and the transferee which when
the contract knew or had to know. However, the purchaser is not obliged to
to meet more than the value of the property, which follows.
(2) if such person's assets zciziteli nearby, it becomes
jointly and severally with the debtor from the debts of zcizitelem, with
the property, without restriction on the value of the property, which follows
acquired. This does not apply if it is shown that a debt did not know, nor know
She didn't have to.
(3) the opposite of an arrangement between the zcizitelem and the assignee is against creditors
ineffective.
section 1894
During the conversion of a legal person even when the transfer of a plant or its affiliates
§ 1893 does not apply.
Subsection 3
Assignment of contract
section 1895
(1) does not preclude the nature of the contract, either party may transfer such as
rights and obligations of the assignor from the contract or part of a third
person, if the transferred party agrees and if there was no yet
met.
(2) is to be the performance of a contract lasting or regularly repeated,
You can assign the contract with effects towards what has not yet been met.
section 1896
When a partial assignment of the contract or the contract when the referral of several
assigns the rights ceded party cannot be shortened from miscellaneous clauses
in the contract, such as, in particular, of the arrangement on condition, backup, závdavku,
the contractual fine, withdraw from the contract and severance, or about arbitration
clause.
§ 1897
(1) the assignment of the contract is effective against the ceded part of its
the consent. If agreed in advance, is a referral of the treaty ceded to
side of the effective moment when her assignment the assignor contracts shall notify the
or when she mentions the leasing contract.
(2) if the contract concluded in a written form of arrangement that is
closed on series one of the parties or other arrangements of the same importance,
then the Party shall forward the contract endorsed the Charter. About the terms
rubopisu, as well as about who is entitled to from the rubopisu and how their right
shows valid legislation about the Bills. According to them, it is also
shall examine, from the instrument who may require one who came for her.
§ 1898
At the moment the effectiveness of the assignment of the contract against the administration side
the assignor shall be exempt from their obligations to the extent of the referral.
section 1899
(1) the consequences under section 1898 may prevent the statement passed to the party
to postupiteli, that his liberation. In that case, you may
our party after postupiteli require to meet, fails to
taken over by the transferee of the obligation.
(2) the Declaration may be made within 15 days from the day on which the transferred
the Party learned or had to find that the transferee meets the.
The delay with the statement, though does not relieve the effects referred to in paragraph 1,
our party, however, replaces the damage caused by the delay.
section 1900
All ceded side remain objections from the contract and the
against the assignee. Other objections, that the party had to
postupiteli, her remains, if it's reserves in the Treaty or in the
consent to the assignment contract.
Section 2
Changes in the content of the obligations
§ 1901
The parties will make you change to their rights and obligations.
§ 1902
Netting
The agreement on the contents of the commitment, the commitment of the cancelled and replaced by the
the new commitment. However, if the previous may, the commitment of the next new undertaking
to compete, it is considered that it has not been cancelled.
Settlement
section 1903
(1) the existing commitment can be replaced by a new obligation that the parties
the arrangement shall adjust the rights and obligations between them still disputed or
doubtful. If a settlement of a right in rem to the things written in
the public list, the effects of the settlement to occur this
the list.
(2) the Settlement cannot oppose just because it was a mismatch between the
the mutual fulfilment of parties.
section 1904
The validity of the settlement is not affected by mistake in what was between the parties
questionable or doubtful, unless the mistake sparked a party through deception.
The settlement agreed upon in good faith does not lose validity even if
If, on the basis of the facts revealed that the number of additional
some of the parties to the claim.
section 1905
The settlement, which are to be adjusted between the parties any rights, cannot be
apply to such rights, that was excluded, nor for the rights, which
the party probably could not have in mind.
Common provisions
section 1906
Arrangements for novation or a settlement requires the written form, if i
set up the original commitment in writing, or if the law already
promlčeném.
§ 1907
Ensure the rights which are the subject of netting or settlement, by
even on the rights arising from them. Provided, however, the person to ensure the third,
that to novation or a settlement didn't carry, is committed in
the scope of the initial commitment and remain her preserved all the objections,
that could apply if the claim against the novation or a settlement
It was not there.
Episode 7
Extinction of obligations
Section 1
The fulfilment of the
General provisions
§ 1908
(1) the fulfilment of the debt obligation ceases to exist.
(2) a borrower must meet debt at their own expense and risk properly and in a timely manner.
§ 1909
If the debtor used in conformity with the Treaty as a means of paying the Bill,
has no effect on the duration of the exposure of the promissory note monetary debt, but the lender can
the debtor may require fulfilment of debt, just could not reach fulfillment of
bills of Exchange; However, if the creditor meeting, it shall be deemed to have satisfied the debt
no longer exposure to the Bills. This is true even if the letter of credit was opened,
the cheque is issued, or in other similar cases.
§ 1910
Against his will, the creditor cannot be forced to accept something different than what
pertain to his claim, and the debtor cannot be forced to provide
something different than what is owed. The same is true about the location, time and method of
meet the.
section 1911
If the parties meet at the same time, can meet the demand only the
the party, which itself already fulfilled or debt is willing and able to meet the
debt at the same time with the other party.
section 1912
(1) Who has to perform when the mutual implementation of the advance, their implementation may deny
until then, he will be the mutual implementation of the granted or provided;
This, however, only if the performance of the other party threatened by circumstances, which
It occurred to him were not and should not be known when the contract closed.
(2) in the case referred to in paragraph 1 may also provide additional
a reasonable period to comply with or to ensure compliance with and after her futile
end of withdraw from the contract.
§ 1913
One party cannot deny the fulfilment or to withdraw from the Treaty, therefore, that the
the debt of the other party arising from other legal reason has not been fulfilled properly and
in a timely manner.
Proper performance of the
§ 1914
(1) anyone who carries out, in return for payment is obliged to perform without the defects with the characteristics
vymíněnými or the usual way to use the subject of performance
According to the contract, and if the parties know, and according to the purpose of the Treaty.
(2) Is met if the recipient has a vadně rights of defective performance.
section 1915
The borrower is obliged to perform in the middle of the quality, if not between the parties
agreed other quality.
section 1916
(1) the debtor satisfies the vadně, in particular
and if the subject) will provide implementation, which does not have a specified or agreed
properties,
(b)) to defect does not notify, which is the subject of performance, although such
the subject is usually absent,
(c) ascertain if the lender) in contradiction with the fact that the subject of performance has
any defects, or that the case fits a specific use, or
d) steals foreign thing wrongly as her.
(2) to the expression of will, which restricts the legal scope of the alienator in advance of their
obligations of defective performance shall be disregarded. If the licensee surrenders in advance
your rights of defective performance requires a manifestation of his will in writing.
section 1917
If the defect is obvious and evident already in the conclusion of the contract or if the defect
find out from the public list, to be charged to the purchaser. This does not apply, if the
alienator defect deceitfully shoot, or if the transferee expressly assured that
such a thing does not have a defect or that it is free of defects.
§ 1918
Passes-if the thing is (úhrnkem), go to the debit of its defects
the acquirer. This does not apply, if the thing does not have a property for which the transferor
He said that it has, or is already the licensee's insistence.
§ 1919
(1) if the transferor shall complete warranty for quality, guarantees that the subject of the
the performance will be after a period of time after completion of the eligible for use in the
ujednanému purpose and that it will retain the agreed characteristics; If they are not
signed, the warranty on the purpose and characteristics of the normal.
(2) if not agreed in the contract, the warranty it can take over the transferor
the Declaration in the warranty card, where applicable, an indication of the warranty period or
shelf life and storage life of things on the packaging. If in the contract
agreed warranty period different from the warranty period listed on the packaging,
What has been agreed. If in warranty the warranty period is longer than
ujednaná time is indicated on the packaging, or is this a longer warranty
the time.
section 1920
(1) the subject of the implementation of the legal defect, if it asserts a right to a third
person, unless such restrictions the licensee knew or had to know. In
this case, the purchaser shall, without undue delay, zciziteli.
(2) the person who transferred the right to themselves to the subject about which he knows that zciziteli
It does not belong, or that the transferor is not entitled to such a right to set up, has the right to
from this defect.
section 1921
(1) the purchaser may exercise the right of defective performance in court, said if the
zciziteli defect without undue delay after having had the opportunity thing
explore and discover the defect either by marking defects or notice, as the
is manifested. The defect can be embraced within six months from the receipt of the subject
the performance.
(2) the licensee must guarantee a covered Defect reproach zciziteli without
undue delay, then, when he had the option to explore the subject of performance and
find out the latest defect in the complaint within the time limit specified by the length of the warranty
of the period. This is without prejudice to the provisions of paragraph 1.
(3) if the transferee is not complained defect in due time and if the alienator has lapsed late
vytknutí, the Court of the licensee the right to admit. This does not apply if the defect
due to the fact that the transferor when forwarding or knew he had to
know.
§ 1922
(1) as soon as the purchaser detects a defect, it shall without undue delay
zciziteli and the subject of performance zciziteli passes, or in accordance with his instructions
to retain or otherwise dispose of appropriately, so that the defect could be
reviewed. If it is a perishable item, it can be
the transferee of the transferor without delay after the warning.
(2) if the licensee Complained zciziteli defect, do not run the time limit for
the assertion of rights of defective performance or the warranty period after the time that the
Licensee may not use the defective item.
section 1923
If the defect is correctable, the licensee may claim either the repair or
supplement what is missing, or a reasonable discount from the price. If the defect cannot be
delete, and if not for her subject, properly used, the purchaser may either
withdraw from the contract or claim a reasonable discount from the price.
section 1924
Who has the right according to section 1923, belongs to him and pay the costs effectively
incurred in the exercise of this right. However, if the law does not apply to
compensation within one month after the expiry of the period in which it should be beyond reproach
defect, the Court is right to admit, if the alienator has lapsed, that the right to compensation
It was not claimed in a timely manner.
section 1925
The right of defective performance shall not preclude the right to compensation; What, however, can be
to achieve by applying the law of defective performance, it cannot claim from the
other legal reason.
Manner of performance
section 1926
(1) if the debt can be met in several ways, then it is considered that the choice of
the method of the performance belongs to the debtor. If the right to choose the lender must way
implementation of the agreed time, choose otherwise without undue delay so that
the debtor could in his election.
(2) If a party fails to make a choice in time, the right to choose the manner of performance
the other party permanently.
(3) Who has chosen the way of implementation, it cannot, without the consent of the other party
change.
§ 1927
(1) if the debtor Has to fulfil one of the more optional performance, is not entitled to
comply with part one and part of another performance, it cannot be forced.
(2) if it becomes one of the more optional performance impossible, limited
commitment to the implementation of the remaining. However, if the impossibility of performance
caused the one who had the right of choice, the other party of the contract
withdraw.
section 1928
Who had the right to choose, it can withdraw from the contract, if the option was lost
force majeure or by the other party.
§ 1929
If the debtor has to discharge the thing specified by type, is obliged to provide the
the lender of a thing, which is suitable for the purpose for which the thing of the same kind
generally used on the basis of similar contracts.
section 1930
(1) the debt shall be implemented on the whole.
(2) If a borrower Offers partial implementation, the creditor must accept, is
If it is contrary to the nature of the commitment or the purpose of the contract, if this purpose
had to be the debtor at least obvious. The lender that there are no other
obligations. The debtor replaces the lender increased costs caused by him
partial discharge.
section 1931
If it has been agreed in the instalments and if the borrower has not met the one
payment, the creditor has the right to a full settlement of the claim, if it's
party ujednaly. The creditor may exercise this right by
maturity date closest to the next installment.
section 1932
(1) if the debtor Has to discharge the principal, interest and costs associated with the
the application of the conventions, claims performance, first at the expense of already designated,
then on the interest, then to the interest and finally to the principal, unless the
the borrower will be reflected in the performance of a different faith.
(2) Determine if the debtor, first on the principal, interest and costs
interest.
section 1933
(1) If a borrower owed from a few commitments to the implementation of the same type and
unless in the execution, on which debt holds the conventions, implementation of the first
commitment, on which the creditor of the debtor already upomenul, otherwise the
commitment to the least secure. In the same way few commitments
with the implementation of the first commitment shall be payable as soon as possible.
(2) damages payment to meet the reallocated the undertaking whose
violation of the obligation to compensate for damage suffered, did not specify if the debtor has something
another.
section 1934
If the debtor who is not fully svéprávný, its maturing debt, release
with the commitment. However, to carry out the debt of uncertain or nesplatný, can be
demand that he be returned to the implementation; This does not apply if the debt
in the meantime, become payable.
§ 1935
Where the debtor by another person, matches, as though alone.
§ 1936
(1) a lender must take the performance, which, with the consent of the debtor
It will offer a third person. This does not apply, if the performance is tied to personal
the property of the debtor.
(2) Who shall carry out the debt of another, without a debt and debt guarantees or otherwise
did the lender may request before or during it, to
He advanced his claim.
§ 1937
(1) the consent of the debtor is not required, if the third person satisfies the creditors of his
the debt because of a debt or obligation is guaranteed by the otherwise provides.
(2) the satisfaction of the debt shall enter this person to the creditor's rights and the right to
her debtor, what filled in for him. The claim of a creditor on it
passes, including accessories, ensure and other rights to claim
United. The lender will issue a borrower who fulfils the required documents
claim and shall communicate to him everything that is needed to claim.
§ 1938
(1) where the third person for only part of the debt, the debtor may request only
leveling what for the debtor fulfil. The original creditor has the right to
should balance their claims before the new
the creditor, unless the new lenders guarantee that he will be replaced by what
for the borrower.
(2) where a borrower more persons, each has the right to a proportional compensation
According to the proportion in which a debtor fulfil.
Gift certificate
§ 1939
(1) the voucher entitles the poukazníka at poukázaného on their own behalf
the performance and poukázanému with order commands to perform on poukazníkovi
account poukazatele. Direct right produces poukazníkovi against poukázanému
only when a poukázaný voucher.
(2) a voucher can be issued on a series or to the bearer.
section 1940
If it is not between the poukazatelem and the poukázaným other legal reason, shall apply to
the rights and obligations of both of them, the provisions on the agency contract;
However, the bruising around the death certificate poukazatele or poukázaného.
§ 1941
Poukazník, without undue delay, notify the poukazateli, does not want a voucher
use, or denies the poukázaný a voucher to take or it
to perform.
section 1942
Until the poukázaný has not yet taken a voucher towards poukazníkovi, it can
poukazatel appeal. On the legal relationship between the poukazatelem and the poukazníkem
depends whether the appeal of vouchers are also against the poukazníkovi.
§ 1943
Poukázaný, who received a voucher, you may apply to poukazníkovi only
objections concerning the validity of the adoption, the invalidity of the bills or
its defects or objections which are based on the explicit provisions of the
bills or that it is authorized to raise personally against poukázaný
poukazníkovi.
§ 1944
(1) if already Owes poukázaný poukazateli what he has to perform is to him
obliged to comply with the removal order and his debt shall be extinguished only by
poukazníkovi come true. Order to be fulfilled by the poukazatele debt
poukazníka, which dwelt upon, is obliged to poukazník poukázaného
invite to perform.
(2) Poukázaný is required to perform only against the release of kvitované bills.
section 1945
Conceived in the relationship between the poukazatelem and poukazníkem run the limitation
the period in respect of the undertaking, which is the subject of the Bills, and it
at the moment, when there was a communication on poukazníkovi the adoption of the Bills, running from
This time, the limitation period in the relationship between poukázaným and poukazníkem.
section 1946
Certificate series
(1) if the series can be transferred by endorsement.
(2) generally endorsed pass all rights of person entitled to vouchers from
rubopisu.
(3) the terms of rubopisu, as well as about who is entitled to from the rubopisu
and how their right to demonstrate, the law of bills of Exchange. According to them,
also examine who may require a voucher, whoever her
He came.
section 1947
Bearer certificate
If the certificate was issued to the bearer, will pay poukázaný debt
Anyone who will submit it to him.
section 1948
The provisions on the removal of the series and not the bearer shall similarly
apply to the case of transfer of the receivables confirmed the Charter of which the debtor
issued to the bearer or series.
Receipt
section 1949
(1) if the creditor Accepts the performance of, the debtor shall issue on request of confirmation
the fulfilment of the debt (kvitanci). In the name of the debtor shall also kvitanci
the creditor, subject of performance and the place and time where and when the debt has been paid.
If the receipt issued to the principal, it shall be deemed that it was applied also
accessories of the claim.
(2) the debtor may withhold performance unless the creditor also kvitanci him.
section 1950
During repeated transactions of the same legal reasons, it is considered that the
who shall submit to the kvitanci on the performance due later, also, what
was due earlier.
section 1951
Debtor fulfils the debt even if the meet if he shall submit věřitelovo
the confirmation that is authorised to accept the performance, or if he kvitanci,
issued by the creditor, unless the debtor knew that the confirmation
submitted, is not entitled to accept performance.
section 1952
IOU
(1) a creditor who has the debtor's Declaration of recognition of the debt or other
IOU, is when the debtor must return or on-
subscription to indicate that it was partly met. If this is not possible, the
the borrower should make him the lender issued a confirmation that the IOU
expired in the range in which the debt is due. The provisions on the
This does not affect kvitanci.
(2) if the borrower IOU without a receipt, it shall be deemed that the debt
has been fulfilled.
section 1953
Substitute fulfilment
(1) where the debt cannot be met because the creditor is unknown or absent,
that the creditor has refused to accept that the reason the performance of the debtor is without its
guilt in doubt who is the lender, or from other important causes on the
side of the lender, the borrower is entitled to pass the subject of performance to the judicial
custody. Efficiently incurred costs associated with the replacement the fulfillment of going to
borne by the creditor.
(2) the composition of the subject of performance into custody shall inform the Court that, for whom
the composition of matter, and if necessary arrange for his representation.
Place of performance
section 1954
To fulfil requires that the debt has been paid in the appropriate place.
If you cannot determine the place of performance of the contract, the nature of the undertaking or of the purpose
filling, filling in the place specified by the law.
section 1955
(1) the Illiquid debt satisfies the borrower in the place of their residence.
A debt, the debtor shall implement in the place of residence of the lender.
(2) If an obligation is incurred in the operation of the plant, the debt in place of the race.
It shall apply mutatis mutandis, if the obligation is incurred in the operation of the facility.
section 1956
If it is to be bottled for the lender, and if the creditor has changed after the conclusion of the Treaty
place of residence or registered office, or the location of the plant or establishment shall be borne by
the lender increased costs and increased the risk that the debtor
arise.
§ 1957
(1) where a borrower a financial debt through provider
payment services, debt is met by crediting monetary amounts on account
the payment service provider of the creditor.
(2) where the borrower a financial debt to the post instruction is the debt has been paid
and the crediting of the amount of money on) Bill payment service provider
the creditor, if the debt is implemented on the account, or
(b) payment of the amount of money lenders) in cash.
Time of performance
section 1958
(1) if the time filling exactly the negotiated or otherwise determined, the debtor is
required to meet even without the prompting of a creditor.
(2) if the parties Neujednají, when the debtor has to meet the debt, the creditor may
should the performance immediately and the debtor is then obliged to meet without undue
the postponement.
section 1959
Does not imply a previous practice of the established parties, or of the habits of something
else, it is considered that the parties ujednaly time performance expression
and the "early period") the first ten days of this period,
(b)) ' the fortnight "period from 10. up to 20. in the month of June,
(c)) "half quarter" in the second month of the quarter
(d)) "the end of the period," the last ten days of the period,
(e)) "immediately" to the period of five days, however, when the supply of foodstuffs or ingredients
for two days, and when the supply of engineering products for ten
days.
section 1960
If the debtor is entitled to under the contract, to determine the time of performance, and unless the
it within a reasonable time shall be determined by the Court on the proposal of the creditor under the circumstances
case.
§ 1961
Neujednají-if the parties, whether the time is determined in favour of the implementation both of them,
or just one of them, that it is in the benefit of both parties. It
does not apply, if the nature of the performance.
§ 1962
(1) if the time of performance for the benefit of both parties, the lender may not require the
the performance of early, or a debtor to discharge the debt early.
(2) if the time of performance in favour of the debtor, the creditor cannot prematurely
require the performance, but the borrower can meet the debt early.
(3) if the time of performance determined in favour of the creditor, the creditor may
require the implementation of early, but the borrower must meet the debt early.
§ 1963
(1) if the content of the mutual commitment of entrepreneurs the obligation to deliver the goods
or service in return for payment, the price is payable, without the need for a call for
payment within thirty days from the date when the invoice was delivered to the debtor
or other challenge of a similar nature, or from the date of receipt of the goods or
the services, depending on which of these days came later. However, if it was
agreed the takeover of the goods or services, where appropriate, to verify that it was properly
true, the price is payable within 30 days from the day of receipt, if applicable
validation. This also applies to the commitment of entrepreneurs and corporations governed by public law,
where appropriate, the legal persons that corporations are based, even if they are not
entrepreneurs.
(2) the Contracting Parties may make the maturity extended 60 days
only if it is grossly unfair to the creditor. However, if the
the contents of the commitment of the entrepreneur's obligation to deliver the goods or service
corporation governed by public law, the parties can make longer
due date only if this is justified by the nature of the commitment, and the time
the due date shall not exceed sixty days.
§ 1964
(1) the Contracting Party has the right to invoke the ineffectiveness of the arrangement for the time
the performance of derogating from the provisions of § 1963 or arrangements
derogating from the statutory interest on arrears, provided that such
grossly unfair to the creditor arrangements.
(2) call ineffectiveness under the conditions laid down in paragraph 1, and
legal person established to protect the interests of small and medium-sized
entrepreneurs, if such arrangements are contained in the business
conditions.
(3) if the Court declares the arrangement for the ineffective, shall apply instead of him
the provisions of the Act, unless the Court decides in the interest of a fair solution
otherwise.
§ 1965
If the entrepreneurs agreed takeover of the goods or services, or
to verify that it was properly done, does not exceed the duration of such receipt, or
verification of the thirty days. Time of acceptance or verification may not exceed thirty
days only, unless it is grossly unfair to the creditor.
§ 1966
The provisions of § 1963 shall not affect the right of Contracting Parties, UH's performance
in the form of instalments.
§ 1967
Where the debtor a debt before a given time, is not entitled, without
the consent of the creditor the amount due be deducted from interest corresponding to the time of
which filled previously.
Arrears of the debtor
§ 1968
The borrower, that their debt properly and in a timely manner, is in arrears. The debtor
is not responsible for the delay, if it is unable to perform as a result of the delay
the lender.
§ 1969
After the debtor who is in default, the creditor may enforce the debt,
or can withdraw from the contract under the conditions agreed in the contract or
laid down by law.
§ 1970
When the debtor is in arrears with paying off the debt, the financial
the lender, which duly fulfilled his contractual and legal obligations, should
payment of interest on late payment, unless the debtor is not responsible for the delay.
The amount of interest on late payments provides for government regulation; neujednají-if the parties
the rate of interest on arrears shall be deemed agreed upon amount thus determined.
§ 1971
The creditor has the right to compensation for damage arising from failure of a monetary debt
only if it is not covered by the interest.
§ 1972
(1) the lender has the right to call the ineffectiveness of the arrangement for the interest of the
the delay, which departs from the Bill so that, with regard to all
the circumstances and the conditions of the case worsens his position, without prejudice to
such a deviation just reason. If the Court declares the arrangements for
ineffective, it shall apply instead of the provisions of the Act, unless the Court
decides otherwise in the interest of a fair solution.
(2) the right to invoke the ineffectiveness of the business conditions in the range
contrary to paragraph 1 has a legal person founded to protect the interests of
small and medium-sized entrepreneurs.
§ 1973
If there is agreement that the debt will be implemented already payable in installments, and
If the creditor to the debtor paying in instalments and interest on arrears,
It must be expressly agreed.
section 1974
The debtor bears the risk for its delay damage to things, whether
the damage resulted from any cause, unless the company proves that the damage was
When the proper performance of his duties, or that the damage was caused by the creditor or
the owner of the things. This is true even when treated with stuff where the debtor in violation of
other of their obligations of the undertaking.
The delay of the creditor
§ 1975
The creditor is in default if not duly offered by filling or
If the debtor failed to provide the assistance needed to meet the debt.
§ 1976
If the subject of the performance of the thing shall be borne by the lender for its delay
the risk of damage to things, whether damage from any cause. It
does not apply if damage to the debtor.
Common provisions
§ 1977
If a party breaches its contractual obligation to delay substantially,
the other party may withdraw from the contract, if it prodlévajícímu shall notify the
without undue delay after the delay.
§ 1978
(1) if the delay is one of the parties irrelevant to breach
its contractual obligations, the other party may withdraw from the contract after
what party does not fulfil its obligation to prodlévající or in the additional
reasonable period of time, provided that the other party expressly or tacitly.
(2) If a creditor to a debtor, that specifies the additional time for
performance and that it has already been extended, a waste of the expiry of this
the period of the contract.
§ 1979
Provided if the creditor debtor unreasonably short additional time for
performance and resign from the contract after its expiry, the effects occur
the withdrawal only after expiry of the period, which was to be the debtor
granted as appropriate. This is true even if the creditor, resigned from the
of the Treaty, without the debtor additional time for performance.
section 1980
Fixed commitment
(1) if in the contract agreed the exact time of the performance and results of
the contract or the nature of the commitment that a creditor cannot have on where
the performance of an obligation shall lapse at the beginning of interest in arrears of the debtor, unless the creditor
the debtor without undue delay, notify, on the fulfilment of the contract.
(2) the Termination of the undertaking the same effects occur, as would the creditor from the contract
resigned.
Section 2
Other ways of extinguishing obligations
§ 1981
The agreement
The parties will make the demise of the undertaking's, without the commitment
the new.
Netting
§ 1982
(1) if the parties owe to each other of the accomplishment of the same type, each of the
declare them to the other side, that your claim counts against
the claim of the other party. To set-off can be accessed as soon as the side
entitled to demand the satisfaction of its own claims and to carry out its
own debt.
(2) setting off both debts cancelled to the extent in which they are mutually
cover; If you do not coincide completely, the claim shall, mutatis mutandis, to
meet the. These effects occur at the time when both claims have become
eligible for set-off.
§ 1983
The Declaration of set-off is made under the condition or with submission time
shall be disregarded.
§ 1984
(1) If a borrower Owes jointly and severally liable with the other, against
creditors set off the claim of his joint debtor only up to the amount of the share
joint debtor on the common debt.
(2) the debtor creditors entitled jointly and severally liable may
one of the rules to set off what he owes, spoluvěřitel only
to the amount of his share of the common claim.
§ 1985
The one who leads to the other side of the account, may offset the cash
It is stored on the reimbursement of reciprocal claims arising on the basis of the Treaty
about the account.
section 1986
If the claim was gradually converted to several persons, the debtor can
used to offset just claim that you had at the time of the transfer to
the first creditor and the claim, which has to last the lender.
§ 1987
(1) to the set-off of claims are eligible, you can apply before
by the Court.
(2) the claim of uncertain or vague to set-off is not eligible.
§ 1988
(1) prohibits the offsetting against the claim of maintenance for the minor,
that is not fully svéprávný.
(2) it shall be prohibited to set-off against a claim for compensation for the injury caused to the
health, unless a claim for compensation by mutual of the same species,
and against the claim wages, salary, remuneration from the contract on the performance of the dependent
the work of establishing between the employee and the employer a similar undertaking and
compensation for wages or salary in excess of their half.
§ 1989
(1) prescription of claims set-off shall not prevent, if after the time when the
the claims have become eligible for set-off.
(2) if the lender Shunted to the debtor's request, the time of performance free of charge, can
your claim yet to set off after a period of time, when the debtor had
carry out originally.
§ 1990
If each claim met in another place, this does not prevent
set-off, but the party against whom it was counted as follows, has the right to
compensation for damages incurred by her performance at a specified location, or fails to
that the specified location cannot fulfil.
§ 1991
The ban on setting off claims by a declaration of one of the parties does not prevent the parties
to get setting off ujednaly; to the arrangement of a set-off against a claim
maintenance for a minor who is not fully svéprávný, however,
be taken into account.
§ 1992
Severance pay
Ujednají-if the parties, one of them may cancel the payment obligation
severance pay, canceling the payment of severance pay liability as at
withdrawal from the Treaty. The right to cancel the obligation payment of severance pay, however,
the party, which already has, even if only in part, the performance of the other party has adopted
or the other party fulfil itself.
Fusion
section 1993
(1) if in any way to fit right with responsibilities in one person,
terminate the right and the obligation, unless the law otherwise.
(2) if the lender comes together with the obligation of the person who ensures commitment
destroyed by the main debt.
§ 1994
Fusion of the rights of the creditor and obligations of one of the borrowers with
jointly and severally liable to the amount of the debt shall lapse in the corresponding to the proportion of this
joint debtor. Fusion of the obligations of the debtor and the creditors ' rights to one of the
authorised jointly and severally liable to the amount of the claim shall lapse
corresponding to the proportion of this spoluvěřitele.
Remission of debt
§ 1995
(1) If a lender Forgives the debt of a debtor, it shall be deemed that the debtor has
remission of debt agrees showed without undue delay
opposition explicitly or fulfilment of debt.
(2) to the discharge occurs even in the event that the creditor shall deliver to the debtor
kvitanci or returns the IOU, without debt has met; If the lender
kvitanci or returns the IOU to the entire debt to one of the
spoludlužníků, it shall be deemed that the creditor forgave the debt of all
co‑debtors.
§ 1996
(1) If a lender Forgives the debt one of the debtors jointly and with
severally liable for the debt forgiveness, the effects on co‑debtors to others in
the extent of the share of the joint debtor, who was released from the obligation.
(2) if the obligor waives the debt one of the lenders authorised to jointly and
severally liable, it relieves the borrower of the debt to the extent of the share of the
spoluvěřitele.
§ 1997
If the creditor waives the obligation to anyone who does not have the remission of debt, ensures
effects against the main debt. However, if the creditor shall be released from the obligation of one
from spoluručitelů, the other spoluručitelům remain preserved, objections
that could apply spoluručitel, whose obligation was waived.
Notice of termination
§ 1998
(1) the obligation to denounce, ujednají-if it's a party or if so
the law.
(2) If an obligation Is terminated by expiry of the period of notice expires. If it can be
However, the obligation to terminate without notice, obligation to effect
the testimony.
§ 1999
(1) if the contract undertakes to ujednaná for an indefinite period, at least one side of the
for continuous or repeated action or committed to at least one
side can tolerate such activities, a commitment to cancel at the end of the calendar
quarter of at least three months notice to be filed in advance.
(2) if the party committed itself to refrain from certain activities and, if the nature of the
clearly, the commitment of the obligation is not limited to, the provisions of paragraph 1
shall not apply.
§ 2000
(1) if the contract without serious reason, closed for a certain period so that the
committed to man for his life, or that it committed to anyone on
For more than ten years, after the expiration of ten years from the occurrence
the obligation to seek its annulment. The Court cancels the obligation even if the
circumstances, of which the parties apparently were based on when the undertaking changed
to the extent that the bandaged hand cannot be reasonably require that
the contract also bound.
(2) If a party Waives in advance the right to pursue the abolition of the obligation,
be taken into account. This does not apply if the party committed legal
the person.
Withdrawal from the contract
§ 2001
You can withdraw from the contract, if it's ujednají party, or if so
the law.
§ 2002
(1) If a party breaches the contract significantly, the other party may, without
undue delay, withdraw from the contract. The point is such a violation of
the obligations which the party infringing the Treaty at the conclusion of the contract
knew or had to know that the other party has not concluded the contract, if the
such a violation would be anticipated; in other cases, it is considered that the
violation of the essential is not.
(2) a party may withdraw from the contract without undue delay after the
the behavior of the other parties undoubtedly shows that the breach of substantial contract
in a way, and not to challenge the legitimate side of reasonable assurance.
section 2003
(1) as soon as the party entitled to withdraw from the contract shall notify the other party,
Since the Treaty, or that the reason for the Treaty, not the choice already
Sam alter.
(2) if the party Could withdraw from the Treaty for infringement of an essential contractual
obligations and did not use his right, does not prevent her to withdraw from the contract
later with reference to the similar acts of the other party.
§ 2004
(1) withdrawal from the contract, the obligation shall be deleted from the beginning.
(2) If a debtor partly Filled, the creditor may withdraw from the contract only
with regard to the requirement of the rest of the performance. If he does not, however, a partial fulfillment for
the importance of the creditor, the creditor may withdraw from the contract in respect of the entire
the performance.
(3) if the contract obliges the debtor to continuous or repeated action
or for the gradual implementation of the sub-programme, the creditor may withdraw from the contract only
with the effects in the future. This does not apply, unless they have already taken the partial implementation of the
itself for meaning.
§ 2005
(1) withdrawal from the contract shall cease in the extent of its effects, the rights and
obligations of the parties. Without prejudice to the rights of third parties acquired in good
faith.
(2) Withdrawal from the contract shall not affect the right to the payment of contractual penalties
or interest on arrears, if you already had the right to compensation for the damage incurred by the
from the breach of a contractual obligation or arrangement that has given its
the nature of the bind the parties even after the withdrawal from the Treaty, in particular in the arrangement of the
the method of dispute resolution. If the debt is secured, neither withdrawal from
contract or collateral.
The subsequent impossibility of performance
§ 2006
(1) If a debt obligation after the establishment of its impossible, extinguishes the obligation
for the impossibility of performance. Is impossible, if it can meet the debt for
difficult conditions, with higher costs, with the help of other persons or to the
a specified period of time.
(2) the impossibility of performance shows the borrower.
§ 2007
When the impossibility of performance of an obligation shall be extinguished only in its entirety,
If the nature of the undertaking or of the purpose of the Treaty, which was when the parties
the conclusion of the contract, I know that the performance of the rest of the creditors is not relevant.
If this is not so, the commitment to this part only.
§ 2008
If the debtor fails to notify the lender that the fulfilment of the debt has become impossible, without
undue delay after it learned or had to learn,
replace the loss suffered by the creditor, the creditor was not about the impossibility of
implementation of the notified in a timely manner.
§ 2009
The death of the borrower or lender
(1) the death of the debtor's obligation to endure, unless its content was
the performance, which should be carried out personally by the debtor.
(2) the creditor's right lapses, the Death was limited only to the performance of its
the person.
Episode 8
Ensure and reinforce a debt
Section 1
General provisions
§ 2010
(1) Debt can be secured, it undertakes to third party lenders or in
the benefit of the lender for the borrower performance, or if the creditors or anyone
in favour of the creditor, the debtor equity assurance that its debt.
You can strengthen the debt arrangement, contractual penalties or acknowledgement of debt.
(2) If a security in favour of the creditor, another person can
a person may exercise against the debtor or the provider of the security the same rights and
fulfil the same obligations as against the creditor.
§ 2011
The creditor shall inform the assurance, who, at his request, at any time and without
undue delay, what is the amount of the secured debt.
The security
section 2012
(1) Who is obliged to give security, making its obligations of justice through the establishment of
the lien.
(2) if there is someone with it to give certainty to the establishment of the lien,
Security eligible guarantor. It is considered that, eligible guarantor is
a person who can be sued in this country and that has suitable assets.
section 2013
No one is obliged to accept a thing as certainty in the amount higher than the
makes two-thirds of the usual price.
section 2014
(1) it shall be deemed that the land or immovable thing serving
business purposes are sufficient certainty to half the usual
the prices. It is considered that the right of the building is sufficient certainty to the above
half the usual price, if the remuneration as salary ujednaná building will be
repaid no later than five years before the demise of the law building.
(2) it shall be deemed that valuable paper to ensure safe yield is
sufficient certainty to three-quarters of the normal prices.
(3) Deposits in banks or savings and credit cooperatives are
eligible for certain amount of insurance.
section 2015
(1) the security interest on financial debt ensures the maximum amount of legal
interest rates; This does not apply if the person who gives the security, the familiar before
the provision of security, what interest the lender and the borrower it.
(2) if the secured debt have already subsidised, are secured and interest, which
nepřirostly so far.
section 2016
Is the security of the various creditors at the different rights to the same things,
satisfy the extent of these rights, and in order of formation of collateral
in the first group of lenders to ensure the material right registered in the
public list or register of pledges and in the second group of lenders
ensure the material right nezapsaným in the public list or register
pledges. Then, in the third group to satisfy the creditors to ensure the provisions of the
the law.
section 2017
(1) if the security price so that the collateral becomes insufficient,
the creditor has the right to demand from the debtor, to ensure, without undue
delay reasonably filled; If the debtor fails to do so, it becomes due and payable
that part of the claim, which is not assured.
(2) the provisions of paragraph 1 shall apply also in the case when the security was
rightfully pumped.
Section 2
Ensure the debt
Liability of the
§ 2018
(1) a creditor Who declares that it will satisfy the creditor, if the debtor
its debt fail, it becomes dlužníkovým. If the creditor has not taken
the guarantor may not claim anything for him.
(2) the Surety Declaration requires the written form.
section 2019
(1) the liability of the debtor's debt assumed valid; liability can also provide
for the debts of the future or contingent, as well as the debt of a given file
the species arising from the debtor in a certain time or file different from debt
the same rule of reason.
(2) the validity of the guarantee, if the obligation of the borrower not valid for
the lack of his ability to commit to the obligations of the
the guarantor when taking any commitment knew or had to know.
§ by 2020
It is limited to only a portion of the debt, provided it does not reduce the extent of liability
partial discharge, if the debt remains unfulfilled in the amount, which is
limited liability.
section 2021
(1) the lender has the right to require that the guarantor, if the debtor has not met
the debt within a reasonable period, even though it called on the creditor in writing.
The call is not necessary, if the lender cannot take place or if the
no doubt, that the debtor of the debt.
(2) If a guarantee agreed to a period of time, is the right of the creditor
retained even in the event that the creditor at this time of the guarantor for the performance called.
section 2022
The guarantor may withhold performance if the creditor that brought the claim
cannot be met by the debtor.
§ 2023
(1) the guarantor may apply to the creditor all the objections, which is against the
the lender by the borrower.
(2) if the guarantor's objections, which he told the debtor replaces
the debtor, guarantor costs incurred, if the opposition were unsuccessful.
§ 2024
Satisfy the creditor's guarantor without the knowledge of the debtor, the debtor can apply
all of the objections against the guarantor, which was entitled to enforce against the
the lender, if the lender meet exacted on him. The debtor, however, cannot
against the guarantor may apply, on which the debtor is notified of the guarantor
without undue delay after he announced that the guarantor, lender applied
the law of liability.
§ 2025
(1) the right of a creditor against the guarantor is nepromlčí before the prescription rights
against the debtor.
(2) recognition of the debt by the debtor is effective against the guarantor, if
the consent of the guarantor.
section 2026
(1) the guarantee shall cease on termination of debt that provides.
(2) Liability, however, does not terminate if the debt has been extinguished for the impossibility of performance
the debtor and the guarantor can meet it, or for the dissolution of the legal person,
that is the borrower.
§ 2027
Guarantee the same error multiple guarantors, each of them shall be liable to the creditor for
the entire debt. The guarantor has to the other guarantors the same rights as
co-debtor.
section 2028
Legal liability for the illiquid debt financial claim is ensured,
that is the responsibility of the creditor for breach of the secured debt.
The financial guarantee
section 2029
(1) the issuer of a financial guarantee by the Declaration arises in guarantee
satisfy the creditor pursuant to the guarantee for a certain sum of money,
If the debtor fails to comply with the debt to the creditor or, if the other
the conditions specified in the guarantee. If by the Bank, the foreign
the Bank or savings and loan cooperative, it is a bank guarantee.
(2) the warranty requires the written form.
§ 2030
While ensuring the other claims, it is considered that it is in the above
the Charter provided a financial guarantee specified claim that lenders
the responsibility for breach of the obligation secured.
section 2031
(1) where a financial guarantee of another issuer, the creditor may apply
the right of a financial guarantee against any of these issuers.
(2) the issuer of a financial guarantee, which confirmed and on this basis, undertake,
has the right to compensation against the given that the confirmation of the financial
the guarantees asked.
§ 2032
Provided to the issuer of financial guarantee at the request of another issuer, has
the issuer, provided that the guarantee given to the applicant the right to
compensation, if provided by the warranty filled and kept the condition specified in
request.
§ 2033
If the issuer shall notify the person that the other issuer has provided financial
the guarantee does not arise given the obligation of notifying the financial
warranty; However, if the wrong causes notification of damage, replace it.
§ 2034
(1) the issuer is liable for the fulfilment of the guaranteed debt in the amount and under the conditions
referred to in the guarantee. The issuer may apply only to creditors
the opposition, which guarantee the Charter admits.
(2) If a financial guarantee to meet the debt, does not have a partial implementation of the
the effect of debt on a range of financial guarantees, if the requirement is the amount of the debt
at least the same as the amount to which the added guarantee document.
section 2035
(1) if the conditions referred to in the guarantee met, the issuer
the obligation of financial guarantees by the creditor in writing prompts
the form. If the warranty makes the performance of the issuer of the presentation
a document must be presented when prompted or without undue
delay after her, but always for the duration of the financial guarantee.
(2) unless the guarantee of something else, not the issuer
invoked against the creditor objections against him was entitled to
apply the debtor. Previous call the lender, the borrower to meet the debt,
requires, if this warranty.
section 2036
The right to the warranty, the creditor may assign. He admits to it
warranty deed, the creditor may cede the right to apply for financial
guarantee; This referral is transferred the right to warranty.
§ 2037
If the issuer is required to perform under the guarantee in favour of the
authorised another given, is obliged to carry out on behalf of the authorised for
This issuer.
§ 2038
Financial guarantee may be limited to a specific period of time. Does not apply if the creditor to
given their right in the time specified by the Charter guarantee, financial guarantee
cease.
§ 2039
(1) the debtor replaces the given what filled according to the guarantee
issued in accordance with the concluded contract. Closed-to by the
the contract for the provision of financial guarantees by a third party, will replace this person
given what rankled by the guarantee issued in accordance with the
the Treaty.
(2) the debtor cannot apply to given the objections, which could
invoked against the creditor, if the neujednal with him, that the issuer's relation to the
the application of the creditor of such opposition the reserves in guarantee.
Transfer rights
§ 2040
(1) the contract of transfer of rights, the debtor provides a hedge or a third
the person in debt by creditors temporarily converts its right.
(2) it shall be deemed that the transfer is a transfer of rights with an expiry
the condition that the debt will be fulfilled.
§ 2041
If a locking transfer case recorded in a public list
ensure registration occurs to this list; in the public list
the temporary nature of the hedge and writes the transfer of rights.
section 2042
If it is to ensure the right of ownership is transferred and if the thing lenders
passed, the creditor shall be entitled to have her for myself for the whole duration
retaining rights and conversion is required to carry out simple management stuff.
If the thing in his power to whoever the lender transfer security set up,
He performs a simple administrative things.
section 2043
Pass-if the reason for the duration of the hedge will allow the transfer of a right, the creditor
the person who provided the assurance, performance rights in the previous range.
At the same time it will issue all of the transferred rights acquired or what to him
There, against the reimbursement of the costs in connection with the performance of
the hedging transfer efficiently expended.
section 2044
(1) if the secured debt is not met, the transfer of rights becomes an open-ended and
the creditor, the debtor shall transmit all what is necessary for the full exercise of the transferred
rights.
(2) in excess of the usual price certainty apparently of securitized debt,
the lender shall be paid to the person who provided the guarantee, the amount corresponding to
the difference; While credit costs in connection with the performance of
the hedging transfer efficiently expended. If the contract does not contain a
the holding transfer rights, indication of the amount of the debt and credible valuation law
converted to ensure it is on the creditor to prove that the MSRP
the security of guaranteed debt obviously does.
The agreement on the precipitation of the wages or other income
section 2045
(1) Debt can be secured by the agreement of the creditor and of the debtor about the deductions from wages
or salary, the remuneration of the contract dependent on the performance of the work among the founding
employee and the employer a similar undertaking or of the wages or compensation
salary in the amount not exceeding their half. If the deductions according to the
the first sentence to the satisfaction of the rights of the employer, it is necessary to close the
the agreement, the prior consent of the employer.
(2) Against the payer wage or salary shall take the lender the right to payment of the precipitation
the moment when the agreement was submitted to the payer.
§ 2046
The costs shall be borne by the payer with the payment deduction wage or salary; If it is to
However, the payer of wage or salary to perform simultaneously by several agreements on
deductions from the wage or salary, the cost of the payment reductions referred to in the second
and other agreements shall be payable by the debtor.
§ 2047
The provisions of § 2045 and 2046 will also apply to other income, that when
enforcement of the decision shall be treated as wages or salary.
Section 3
The assertion of a debt
Contractual penalty
section 2048
Ujednají-if the parties agreed for violations of the obligations of the Contracting
the fine of a certain amount, or a way to determine the amount of the penalty may
the lender may require a contractual penalty, without losing sight of the fact, whether the breach of the
– are suitable obligations damage. Contractual penalty may be agreed in
another performance before ordering.
§ 2049
Payment of the contractual penalty does not relieve the borrower of the obligation to fulfil debt
contractual penalty utvrzený.
section 2050
If the agreed contractual penalty, the creditor has the right to compensation for damage
arising from the infringement of the obligations to which the penalty relates.
section 2051
Unreasonably high contractual penalty, the Court may, on the proposal of the borrower to cut with
taking into account the value and the importance of the obligation up to the amount provided by the
damages resulting from breach of the pending decision of the obligations to which the
covered by the contractual penalty. To compensation if it later
the law is entitled to the amount of damaged contractual fines.
section 2052
The provisions on contractual penalties also apply to the penalty laid down for the
breach of contractual obligations by law (penalty).
Recognition of the debt
section 2053
If anyone recognizes its debt to reason and the above representations
written form, it is considered that the debt to the extent of recognition at the time of recognition
It takes.
section 2054
(1) the payment of interest is considered a recognition of debt, the amount of which is
interest applies.
(2) if the debtor of the debt, in part, has a partial implementation of the effects of recognition
the rest of the debt, if from the circumstances demonstrate that this discharge of the debtor
acknowledged and the rest of the debt.
(3) the provisions of paragraphs 1 and 2 shall not apply if the claim of the creditor is no longer
barred.
TITLE II
OBLIGATIONS OF LEGAL NEGOTIATIONS
Part 1
Convert things into ownership of
Section 1
The donation
Subsection 1
General provisions
section 2055
Basic provisions
(1) a contract of donation the donor transfers ownership of the free stuff
or free of charge, undertakes to convert to obdarovanému the matter of ownership and
an unwanted gift or offer.
(2) the performance of social services is not a donation, if the behavior of the
Obviously, the parties do not contractually bind.
section 2056
Who the other gift just promises is not obliged to donate, but the one who promise
has received, is entitled to his costs effectively incurred by the promising replaced
in anticipation of the donation.
section 2057
(1) when donating things recorded in a public list of the Treaty requires
in written form.
(2) the written form of the contract also requires the absence of surrender
things at the same time with the manifestation of the will to donate and receive a gift. The donor is obliged to
submitting a donation, but it is not required to pay interest on arrears.
section 2058
(1) a donor may donate, even all their current assets. The contract,
that someone donates his future assets, apply only in so far as
does not exceed half of the asset.
(2) the donation of the things, which the donor does not have, is valid only if the donor undertakes
in the contract thing to take.
§ 2059
If the donor has pledged to deliver a gift after the conclusion of the contract, the contract may
to withdraw and surrender of donation to deny, if, after conclusion of the contract
circumstances to the extent that would seriously endanger the fulfilment of the Treaty dárcovu
the food or the performance of the donor's maintenance obligations. If the donor has already handed over
part of the donation, may withdraw from the contract only on what yet
does not meet the.
section 2060
It was something given to someone from the recognition or due to its successes or
as a special reward, it is a donation, if the recipient had already
before the law.
section 2061
If it has been agreed that the donor will receive each other, this is the
donation only because what one side exceeds the value of the performance
the value of the performance of the other party.
§ 2062
Donation support
The donor undertakes to regularly promote the improvement, right
to support the obligation to promote to the heirs of the donor and the beneficiary, only
If it has been explicitly agreed.
section 2063
The donation for the event of death
Donation dependent on the condition that the recipient will the donor survives, is assessed
usually as a reference. In accordance with the provisions on the donation shall be governed by, and shall adopt a
an unwanted gift and give up if the donor expressly the right of appeal and shall give a gift
Tom obdarovanému. This is without prejudice to section 2057.
section 2064
(1) if it was donated with the command, the command may require that the donor,
only if you already own.
(2) if the fulfilment of the order in the public interest, can meet the command after
dárcově death also require a competent public authority, or
legal person authorized to defend such an interest.
section 2065
Donate-if someone knowingly conceal foreign thing and if it is, replace the obdarovanému
the damage that arises from it. Donor obdarovanému replace the damage in
If the damage resulted from defects in donated things, if the donor of the defect
He knew and told her improvement. In these cases, it may
the recipient will also withdraw from the contract and to return the gift.
Subsection 2
Special provisions on the validity of the donation
section 2066
Person limited in mom is eligible to donate and accept the gift of a small
the value of the gift or due to the circumstances.
section 2067
(1) the donation of the person who operates the facility, where they are
medical or social services, or to the person, that such a device
manages or is employed, it is invalid, if at the time when the
the donor was in the care of such equipment or otherwise accept its services.
(2) paragraph 1 shall not apply if the recipient shall person close to donors.
Subsection 3
Donation appeal
Appeal donation for the needy
section 2068
(1) if the donor Falls after donating to such an emergency that does not have the necessary
custom nutrition or necessary nourishment the person whose diet is according to the law
obliged to, may revoke the gift and request the blessed with a gift that he gave
back or pay its usual price, at most, however, to the extent that, in the
they lack the funds to the donor. The recipient will be
can this obligation by providing what is this nutrition
need.
(2) the recipient will not have the obligation under paragraph 1 if it is alone in similar
need as a donor.
§ 2069
If obdarováno more people, is that which was bathed before
required to meet only the extent to which consumption is not enough post
later improvement.
section 2070
Right to revoke the gift does not pass to the donor's heirs. But if the donor does not apply
your right, he who is the donor in accordance with law, the right to food
request under the same conditions, to the recipient will complete what he
the donor cannot provide.
§ 2071
The right of appeal does not have the gift giver, which brought about a State of emergency, either intentionally or
from gross negligence.
Appeal donation for ingratitude
§ 2072
(1) if the recipient will Hurt donors, intentionally or through gross negligence, so that
obviously violated good morals, the donor, on account of this obdarovanému,
from the deed for his ingratitude to resign. If the gift has already handed in,
the donor has the right to demand the entire donation, and if this is not possible,
payment of its usual price.
(2) if warranted by the circumstances, it is considered ingratitude towards donors also
the apparent breach of good manners to the person obdarovanému.
section 2073
Ingratitude is improvement in his person a rogue.
section 2074
Right to revoke the gift goes to the donor's heirs, prevent a recipient will
donors in the appeal donation or prevent a higher power in the donors.
section 2075
(1) a donor may revoke the gift to, within one year from the date of what
the recipient will hurt, but the donor if the donor later about it, to
one year from the day when he gained knowledge of the grounds for the revocation of the donation.
The heir to the donor may revoke the gift not later than one year after the death of the donor.
(2) If a donation revoked later and says if an unwanted delayed appeal
make a donation to the appeal court, the information shall be disregarded.
Common provisions
section 2076
Give up to the donor when donation between living in advance the right of appeal donation for
distress or ingratitude, not taken into account.
§ 2077
Associated with the gift of a duty obliging the beneficiary under the deed of
the Treaty, removes reference to the gift for the future.
section 2078
If he does not already have an unwanted gift or its full value, commits him to the appeal
donation to the issue of what remains of his enrichment. This does not apply,
get rid if the donation to frustrate the release, or a gift for appealed ingratitude
the donor.
Section 2
Purchase
Subsection 1
General provisions
section 2079
Basic provisions
(1) the purchase contract the seller undertakes that the buyer shall deliver the thing,
that is the subject of the purchase, and allow him to acquire the right of ownership to it, and
the buyer undertakes to pay the seller the thing takes over and the purchase
the price.
(2) if the contract does not confer or practice something else, are the seller
and the buyer committed to meet its obligations at the same time.
§ 2080
The purchase price is negotiated, it is certainly enough to at least negotiated way
its destination.
section 2081
The costs associated with things in the place of performance shall be borne by the seller.
The costs associated with assuming things buyer.
§ 2082
(1) The buyer passes the risk of damage to things at the same time with the acquisition of the
ownership rights. If the buyer takes title before delivery
things, the seller has until the surrender of things the rights and duties
schovatele.
(2) at the conclusion of the contract with the condition passes the risk of damage
on the first day of the case on the buyer to fulfilment of the conditions.
§ 2083
Anyone who buys the future benefits of things úhrnkem, or with the hope of uncertain
future benefits include all benefits properly extracted. However, the loss to the bears,
If his expectations frustrated.
§ 2084
The seller notifies the buyer in the purchase contract for ujednávání defects
things about which she knows.
Subsection 2
The purchase of movables
Basic provisions
section 2085
(1) such as the purchase of movables shall assess each purchase, in which the subject
It is not the real thing, as well as the purchase of components of immovable things, if the buyer has
under the Treaty, to take part after the Department as a matter of item of movable. For purchase
the Treaty is always considered a contract of supply of consumer goods
you need to build or create.
(2) if the Parties Have the will to conclude the purchase contract without the determination of the purchase price,
pay for the agreed upon purchase price at which the same or a comparable course in the
the time of conclusion of the contract and under similar terms and conditions usually
sells.
section 2086
(1) a contract for the delivery of the things that has to be made, shall be
as the sales contract, unless the one who has to be the thing delivered, committed
to pass to the other side of a substantial part of what it is to produce the things
needed.
(2) A contract is not a contract, under which the bulk of the
the performance of the vendor lies in the performance of the activities.
Obligations of the seller
section 2087
The buyer, the seller shall deliver the thing, as well as documents that are
apply and allow the buyer to acquire the ownership of the matter in accordance
with the Treaty.
section 2088
The seller fulfills obligation to deliver the thing to the purchaser, if he allows
to dispose of the goods in the place of performance shall be notified to him in a timely manner.
section 2089
(1) if the buyer to specify additional properties of the subject of purchase and
If they do it on time, the seller shall determine and notify to the purchaser itself, what
determine the properties. In doing so, shall take into account the needs of the buyer, which he knows.
(2) the buyer has the right to tell the seller divergent specify properties
the subject of purchase, than as intended by the seller; If they do it without
undue delay after notification to the seller is bound by what has determined
the seller.
section 2090
(1) if the seller send the thing to the purchaser, by passing the
the first carrier to transport to the buyer, and will allow the buyer to apply
law of the contract of carriage against the carrier.
(2) if the buyer Is a consumer, paragraph 1 shall apply only if the
If the carrier designated by the buyer without seller was offered. In
otherwise, it is the thing to the purchaser committed to him by the carrier to her.
section 2091
(1) when you send a submission of the matter to the buyer, the effects occur to her
by passing the carriers if seller clearly and sufficiently as a
shipment to the buyer.
(2) if the seller does not matter, the effects of the surrender, if the
the seller to the buyer without undue delay, the case has posted, and
determine if it sufficiently in the notification. Without this notification is the thing to the purchaser
the letter, to transmit it to the carrier.
§ 2092
The time, in which the seller has to run from the effective date of the contract. If it is to
However, the obligation of the buyer to fulfil certain things before handing it in,
starts the period in which the seller has to run from the date of this
obligations.
§ 2093
If the seller will deliver greater quantities of things, than was agreed, the purchase
the contract closed on the excess quantity, unless a buyer without
undue delay.
§ 2094
(1) the seller shall send to the buyer to take over the necessary documents and the use of
things. If handover to occur when payment of the purchase price, the seller shall transmit to the
documents at the place of payment.
(2) the documents relating to transport and are required to take over things and
the free disposal of the seller to the buyer, it shall transmit without undue
delay after their release. The other documents specified in the contract passes
the seller to the buyer when the surrender of things.
The subject of the purchase
§ 2095
The seller shall deliver to the purchaser of the subject of the purchase arrangement, quantity
quality and implementation. If they are not the quality and execution of the signed,
the seller in the quality and implementation of appropriate treaty for the purpose of noticeable;
otherwise, for the purpose of use.
§ 2096
In determining the quality or perform in accordance with the agreed pattern or master
must match the quality or thing performing a sample or template.
If different quality or execution of the specified in the contract and the sample or
the draft shall be decided by agreement. Specifies if the contract and a sample of the quality or
implement things differently, but not inconsistently, the thing match
the Treaty also sample or template.
section 2097
If it is not understood how the thing packed, wraps the seller pursuant
practice; If not, then in a way necessary for the preservation of the thing and its
the protection. In the same way, the seller shall affix the case for transport.
§ 2098
If it appears from the Treaty or from the nature of the subject of purchase, that amount is
only approximately, determined the exact amount of the seller. It is considered that the
the derogation shall not exceed five percent of the amount specified in the contract.
Rights of defective performance
§ 2099
(1) the Thing is defective, does not have the characteristics set out in § 2095 and 2096. A defect
the performance of other things. Shall be considered as a defect and the defect in the documents
necessary for the use of things.
(2) if the Declaration of the seller, or the proof of transmission,
the seller added the smaller quantities of things, do not apply to missing things
the provisions about the defects.
section 2100
(1) the right of the purchaser's defective performance based defect, which is a matter of when
the transfer of risk of damage to the buyer, even if will not take effect until later.
The right of the buyer shall establish and later resulting from the defect, the seller
caused by violation of their obligations.
(2) the obligations of the seller of the guarantee for the quality of this are not affected.
§ 2101
(1) for early implementation of the seller may remove the defects until the
designated for submitting stuff. The exercise of their rights must not be the buyer
cause undue difficulty or expense. The right of the buyer to pay the
damages shall remain unaffected.
(2) paragraph 1 shall apply, mutatis mutandis, for defects in the documents.
§ 2102
(1) the rights of the purchaser's defective performance shall not prejudice, caused a defect
the use of the things that the buyer of a forward seller. This does not apply,
If the seller proves that on the unsuitability of the passed things the buyer in a timely manner
attention buyers and insisted on its use, or when it is shown that the
the unsuitability of the passed things even while incurring sufficient care was unable to
to find out.
(2) if the defect caused the procedure according to the seller's proposals samples
or the documentation which he procured the buyer, paragraph 1
Similarly.
section 2103
The buyer has no rights of defective performance, in the case of a defect, you have to
with the usual attention to know already when the conclusion of the contract. It
does not apply if the seller assured him explicitly, that the thing is without defects, or
shoot a defect deceitfully.
§ 2104
The buyer of a thing according to the option runs through as soon as possible after the transfer of risk
damage to things and convinces with its properties and the quantity.
§ 2105
(1) if the seller Sends the thing, the buyer may postpone the tour into the
the time when the matter is brought to the place of destination.
(2) If a thing during transport is routed to a different destination, or
the buyer sent, without had the opportunity to review the matter, and
at the time of conclusion of the contract the seller knew or ought to have known of the possibility of
such a change of destination or such further submission, the buyer may
to postpone the tour until the matter is brought to a new destination.
section 2106
(1) If a defective performance of a substantial breach of the contract, the buyer has the right to
and to eliminate the defects of the delivery) new things without the defects or the delivery of the missing
things,
(b) to eliminate defects repair) things
(c)) at an appropriate discount off the purchase price, or
(d)) to withdraw from the contract.
(2) the buyer shall notify the seller, what are the right choice when you notice
defects, or without undue delay after notification of defects. You made a choice
the buyer cannot change without the consent of the seller; This does not apply, if asked
buyer repair defects, which will be shown as unrecoverable. Not delete-if
the seller of defects within a reasonable period or if the purchaser that defects
does the buyer may require the removal of defects instead of reasonable
discount on the purchase price, or may withdraw from the contract.
(3) if the buyer has chosen the right in time, has the rights under § 2107.
§ 2107
(1) If a faulty implementation of the nepodstatným breach of contract, the buyer has
the right to removal of defects, or to a reasonable discount on the purchase price.
(2) Until the buyer does not exercise the right to a discount on the purchase price or
does not withdraw from the contract, the seller may deliver what is missing, or
delete the legal defect. Other defects the seller may delete according to their
choice of repair or delivery of new things; the choice of the purchaser shall not
cause disproportionate costs.
(3) if the seller does not remove a defect or a defect in time things things refuses
delete, the buyer may demand a discount on the purchase price, or from
contract. Made the choice of buyer can't change without the consent of the
of the seller.
§ 2108
The removal of the defects, the buyer may pay part of the purchase price estimate
mutatis mutandis, the corresponding right to the discount.
§ 2109
When the delivery of the new things the buyer the seller returns to its cost a thing
originally delivered.
§ 2110
The buyer can withdraw from the contract nor require the delivery of new things,
If the thing back in the condition in which he received it. This does not apply,
and if there is) to change the status as a result of inspection in order to detect defects
things,
(b)) if the buyer used the thing even before the appearance of defects,
(c)) if the buyer did not cause the impossibility to return things in the natural state
Act or omission, or
(d)) if the buyer sold the thing even before the appearance of defects, consumed it,
or altered if the matter in normal use; happened if only in part,
Returns the buyer to the seller, what return can, and give the seller
compensation to the amount, in which case the use of the benefit.
§ 2111
If the buyer has notified a defect things in time, ceases to be entitled to withdraw from the
of the Treaty.
§ 2112
(1) if the buyer has not reported the defect without undue delay, then, what could it
in a timely and sufficient care to find out, the court right from the faulty
performance not be granted. If this is a hidden defect, the same applies, if the
notified of the defect, without undue delay after buyer could
sufficient care to find out, but no later than two years after the submission of the matter.
(2) to the effects referred to in paragraph 1, the Court shall take into consideration only to the opposition
the seller, that the defect has not been notified in a timely manner. The seller, however, does not
the right to object, if the defect is due to the fact that the seller
at the time of submission of the things he knew or had to know.
The guarantee for the quality of the
§ 2113
The guarantee for the quality of the seller undertakes that the thing will be after a period of time
eligible to apply for the normal or purpose that retains the usual
the properties of the. These effects is even putting the warranty period or the time of
usability stuff on packaging or in advertising. The guarantee can be granted
even on a single part of things.
§ 2114
Determine if the contract and warranty statement different warranty periods,
the longest of them. However, if the Ujednají the parties other than the warranty period,
is indicated on the packaging as the expiry date, the arrangement
of the parties.
section 2115
The warranty period runs from the submission of the matter to the buyer; If the matter has been referred to in
the contract is sent, runs from the coming thing in the place of destination. If the bathroom
thing to put into operation by someone other than the seller, the warranty period runs for up to
from the date of putting things into operation, if the buyer ordered the entry into
operation no later than three weeks from the receipt of the case and provided in a timely manner and correctly
with the assistance necessary to perform the service.
section 2116
The purchaser has no right of warranty, if the defect was caused after the transfer of risk
damage to things on the buyer outside the event. This does not apply if caused
defect the seller.
section 2117
For the notification of defects covered by the warranty, and for the application of the law
of defective performance shall apply mutatis mutandis to the provisions of § 2172 2173 and.
The obligations of the buyer
§ 2118
The buyer shall pay the purchase price and the thing takes over.
section 2119
(1) the buyer may not pay the purchase price, until the thing's option
view. This does not apply, if the negotiated a way of handing things
that excludes the possibility of guided tours.
(2) when determining the price according to weight, it is considered that the net
the weight of the item.
section 2120
(1) if the buyer Is in delay in taking over the case or with the payment of the purchase
the price, the seller may retain the thing with her, for the buyer
in a manner appropriate to the circumstances.
(2) if the buyer took over the case, which it intends to refuse, it preserves the
in a manner appropriate to the circumstances.
(3) Who holds the thing for the other side, it can detain him until the second
the party does not pay efficiently incurred costs associated with the conservation of matter.
The risk of damage to things
section 2121
(1) the risk passes to the buyer's damages by taking the stuff.
(2) has the same effect, if the buyer does not take the case, though with her seller
allowed to dispose of.
section 2122
If the buyer has to take over the case from a third person, the risk shall pass to him
the damage at the moment when he could with stuff, but not earlier than at the time of
intended as a time of performance.
section 2123
(1) if the seller to the carrier for the carriage of the matter to the buyer in
location specified by the contract, the risk shall pass to the buyer's damages
recourse the carriers in this place, and not a place to pick,
passing to the first carrier for carriage to the place of destination.
(2) if at the conclusion of the contract thing has already transported, the risk of
damage to things on the buyer's recourse to the first carrier. The seller
However, bears the damage, which occurred before the conclusion of the contract, and the seller about it
He knew about it or under the circumstances should know.
section 2124
The risk of damage to the things specified by type to the buyer does not,
that thing is assumed by the sooner than the thing will be for the purpose of the Treaty is sufficiently
separated and distinguished from other things of the same kind.
section 2125
(1) the damage, arising after the passing of the risk of damage to the things on
the buyer, does not affect the obligation to pay the purchase price, unless
the seller damage caused by violation of their obligations.
(2) paragraph 1 shall not apply, if the buyer has the right to demand delivery
alternate things, or if the contract has resigned.
Svépomocný sale
section 2126
(1) Delays the parties to assume things arises the other side the right thing after the
previous warnings to the account prodlévajícího in an appropriate way to sell
After a reasonable period has provided an additional prodlévajícímu to
the takeover.
(2) this applies even if the party stays with the payment, which is
things.
section 2127
If there is stuff fast bane and if not on time, warning there is no warning
necessary.
Subsection 3
The purchase of real
section 2128
(1) in the sale and purchase of immovable things requires the purchase contract form
under section 560. For the arrangement of the reservation of ownership, on the right rear
purchase, on the prohibition of the transfer, or load, on the reservation of the right of pre-emption, or
better buyers, as well as for the arrangements for the purchase, however, will test and
other form, does not have to be such an arrangement to the real set up g/l
the right.
(2) where the arrangement of the reservation of ownership, the right rear
purchase, prohibition of the transfer, or load, on the reservation of the right of pre-emption, or
a better buyer or arrangements to purchase the exam right in rem to the point
registered to a public list, there is such a right to registration
the public list.
section 2129
(1) the purchaser has the right to a reasonable discount on the purchase price, if he does not land
the measurements specified in the purchase contract. If he does not, however, land acreage enrolled in the
the public list, the buyer has the right to a reasonable discount on the purchase price,
only if this was agreed.
(2) if the buyer has notified the seller a hidden defect structures associated with the
countries fixed basis within five years after the acquisition, the buyer the right, the Court of
defective performance not be granted, if the seller has lapsed, that the defect was not in time
announced. However, the seller has the right to object, if the defect is the result of
the facts on which the seller at the time of submission of the things he knew, or should have
know.
section 2130
Ujednají-if the parties, when the buyer has to take a culture thing, belongs to the
from the time the purchaser agreed the takeover of the fruits and benefits of real things. In
the same time, the risk of damage to the thing passes to the purchaser.
§ 2131
In the rest of the contract of purchase of immovable things apply mutatis mutandis
the provisions on the purchase of movables.
Subsection 4
Side of the arrangement when the contract
Reservation of ownership
§ 2132
If the seller reserves the right of ownership of things, it is considered that the
the buyer becomes the owner of the only complete payment of the purchase price.
The risk of damage to things, but on the buyer passes its already
the takeover.
section 2133
Is the acquisition of ownership to the buyer subject to payment of the purchase
the price in instalments, shall constitute buyer's delay with payment
not exceeding one-tenth of the purchase price the seller itself right from the
contract and require the return of things, if the buyer payment
pay no later than at the time of the next due installment and, together with the
her.
§ 2134
The reservation of ownership operates as against creditors of the buyer only
If the arrangement was acquired in the form of public documents, or if the
made in writing and the signatures of the parties officially verified, but if up to
from the date of the official verification of the signature. However, if the reservation of ownership
agreed about the things recorded in a public list, acts against third
persons only if it has been written to this list.
Reservation of a reverse acquisition
§ 2135
(1) of the agreement of the reservation back purchase buyer obligation arises
convert on demand thing back in return for payment to the seller. The buyer returns
the seller of the thing in the nezhoršeném State and the seller the buyer returns
the purchase price; even the rewards are applied from the money and the fruits of things perhaps
the extracted.
(2) a reservation by the repurchase of the heir and the right to undertake to buy can be
disposed of, only if this is expressly agreed.
section 2136
If the buyer made the thing to improve cargo, or extraordinary
cargo for its conservation, he belongs to the same compensation as fair
the holder; But if the return of things frustrate or worsen its value from the
the reasons for which the purchaser is responsible, the seller will replace the damage.
section 2137
If the agreed time limit, in which the seller has the right to request the return of the
things, the relation to movables for the agreed upon period and
due to the real ten year period.
section 2138
If the reservation has been agreed to repurchase the things recorded in a public
the list of benefits in kind, such as the right thing can be loaded only with the consent of, for
who is the right to repurchase in the public list of registered.
section 2139
The reservation of a reverse sales
Provisions for retroactive Purchasing shall apply mutatis mutandis and on arrangements, which
the buyer of record, that thing will sell back to the seller.
section 2140
Pre-emptive right
(1) Ujedná-předkupník things to the pre-emptive right, the debtor
the obligation to offer the thing předkupníkovi to buy, if you would like to
sell to a third party (koupěchtivému).
(2) the pre-emptive right can be a special arrangement extended to other ways
of the transfer. You can also make pre-emptive right outside the link with the purchase
the Treaty.
section 2141
If the pre-emptive right belongs to the several persons jointly, may apply
just in a whole. However, if the lapses of pre-emption to some of them, or
shall not apply if it is, can the remaining předkupníci pre-emption rights apply in the
the whole.
section 2142
Reservation of the right of pre-emption shall undertake an heir and pre-emption rights may be disposed of,
If this is expressly agreed.
section 2143
The obligation of the seller to offer the thing předkupníkovi to buy reaches
conclusion of the contract with koupěchtivým.
section 2144
(1) If a right of pre-emption established as factual, entitles the
předkupníka to claim against the other party, the successors of that thing took buys
or the way the arrangement of the rights law, senior purchasing department,
to him for the consideration transferred.
(2) if the successor Takes ownership of the things any other way,
on him the obligation to offer the předkupníkovi thing to buy on the terms,
which was bound by its predecessor.
(3) if the předkupník doesn't buy the offered thing, remains his pre-emptive right
preserved.
§ 2145
Wonder if koupěchtivý about building law or had to know about it,
, the contract is concluded with an expiry of a condition of the application of
the right of pre-emption.
section 2146
Ujedná if the seller with koupěchtivým, since the contract with him resigns,
If the předkupník exercises his right, or that the commitment to amend or
cancels, if předkupník your right to not apply such arrangements to
předkupníkovi ineffective. To the opposite of the arrangement shall be disregarded.
§ 2147
(1) the seller shall předkupníkovi Offer by announcing all the conditions.
When the menu requires notification of the contents of the contract concluded with the
koupěchtivým. The offer to buy the real stuff requires the written form.
(2) where a předkupník offer, purchase between seller
and předkupníkem under the same terms and conditions as agreed with the seller
koupěchtivým.
§ 2148
(1) Předkupník will pay the purchase price in the time limit otherwise agreed, within eight days of
After the menu for movable and immovable things within three months after the offer.
If they do it, the pre-emptive right shall lapse.
(2) if the seller koupěchtivému postponed the payment of the purchase price on the
later time, or allowed to pay in installments, you may
předkupník seek the same benefits, if the deferred payment shall ensure that sufficient
certainty.
§ 2149
(1) Předkupník will pay the purchase price in the amount of offered by the koupěchtivým and
meet the conditions offered by the koupěchtivým in addition to the purchase price. Committed to
koupěchtivý to the next performance, which předkupník cannot provide
pay seller its value. If the implementation cannot be side cope
Neither the appraised price, pre-emptive right shall be extinguished; This shall not apply if it would
contract with koupěchtivým according to the reasonable expectations of the closed and without obligation
to the next performance.
(2) Committed to koupěchtivý to buy the thing together with the other for summary
price, pay the předkupník proportion of aggregate prices. The seller may
require that the předkupník bought with the things everything from her cannot be
separated without damage.
Purchase exam
§ 2150
(1) whoever buys the thing to test, buys with the condition that the thing in the test
the time limit.
(2) if the parties Neujednají the trial period for the sale of goods for three days and
for immovable property for one year from the conclusion of the contract. If, however, the
negotiations on the conclusion of the contract, that the thing has to be inspected or tested
After the surrender, the trial period runs from the date of submission.
section 2151
(1) if the buyer is assumed by the thing, has the condition the nature of the conditions of the swap.
This condition is considered to be thwarted if the buyer does not notify
the seller in the event that the case approves.
(2) if the buyer took over the case, has the nature of the conditions for the expiry condition.
That the buyer pays the thing approved, denied it during the trial period.
(3) the buyer is not the right thing to refuse, if he can't return it in the condition in
what it took. The changes raised by trying things to be taken into account.
The reservation of a better buyer
section 2152
(1) subject to the conclusion of the sales contract with the seller the buyer shall become better
the right to give preference to the better merchants, logs in the specified time. This
the deadline for the sale of goods for three days and one year for the immovable property from the
the conclusion of the contract.
(2) whether a new buyer, the seller shall decide the better; in particular, can give
prefer the new buyers, though the first to offer a higher price.
§ 2153
As with the purchase of the test shall be assessed, in which cases the
the reservation conditions of the swap for a better buyer of nature and in which the nature of the
conditions of expiry.
Price clause
§ 2154
If the agreed price clause, the purchase price shall be adjusted retrospectively with the things
taking into account the cost of production. Unless, that is, the costs are
applicable, the purchase price in proportion to the price changes of the main raw materials
necessary to produce the stuff.
§ 2155
(1) unless the party which decides the time for the assessment of the price changes,
taking account of the prices at the time of conclusion of the contract and at the time had
the seller shall deliver the thing. If the delivery of the things take place during certain
the time limit shall be decided by the time the actual early implementation, otherwise the end of this
the time limits.
(2) if the seller with a delay and if the prices are decisive
folders production costs lower than those referred to in paragraph 1,
account shall be taken to lower prices.
§ 2156
The rights and obligations of the parties of the price clauses terminate, shall not apply if the
the entitled party of their rights for the other party, without undue delay after the
the supply of the stuff.
§ 2157
The other side of the arrangement
Ujednají-if the other party reservations or conditions capable of sustaining a change or
the demise of the rights and obligations from the purchase contract, reservation or condition
no later than one year after the effectiveness of the contract of sale, if it
has not exercised within that period, the person who is entitled to from the reservations or conditions.
Subsection 5
Special provisions for the sale of goods in a shop
§ 2158
(1) if the seller Is a businessman, paid for a sale in its
business activity in addition to the General provisions of the contract and the
the provisions of this subsection, unless the buyer is also a businessman, and when
the conclusion of the Treaty, it is clear from the circumstances that the purchase also affects its
business activities.
(2) the fulfilment of which is in the sale of things usually do not provide, you must
especially, uh.
§ 2159
(1) if the seller shall deliver the thing to the place specified by the buyer, takes the
the buyer of the thing upon delivery; in other cases, the buyer will assume the thing
in the sale.
(2) if the buyer does not take the thing at the time referred to in paragraph 1, shall be
the seller of remuneration for storage. Neujednají-if the amount of the parties,
applies an above normal.
§ 2160
(1) acceptance of the purchased stuff becomes the buyer to the point of ownership.
(2) When the self-service sale, the buyer acquires ownership of the things
payment of the purchase price. In the meantime, the buyer may return the thing to the original
instead. If the damage to the case before the payment of the purchase price,
in accordance with the General provisions.
§ 2161
The quality of the takeover
(1) the seller is responsible to the buyer, that the thing in the takeover does not have defects.
In particular, the seller is responsible to the buyer, at the time when the buyer of the thing
took over,
and) has a thing for the property that the party's ujednaly, and in the absence of agreement,
such properties, which the seller or manufacturer described or that
the buyer expected, having regard to the nature of the goods and on the basis of the ads they
carried out,
(b)) are suited to the purpose of the thing, which the seller provides for its use or
to which a thing of this kind typically used,
(c)) thing the quality or performing the obligations corresponding to the sample or
the draft, if the quality or design of the sample determined according to the agreed
or the master,
(d)) in the appropriate amount, extent, or weight and
(e)) case meets the requirements of the legislation.
(2) if the defect within six months from the receipt, it shall be deemed,
that thing was already defective upon receipt.
section 2162
He admits to the nature of the purchase, the buyer has the right to make the thing before him
inspected or to have been presented to its function.
section 2163
The zuživatelné stuff is the shortest time shall indicate, where appropriate, for durability
Perishable things, the time during which the thing may be used.
section 2164
If the thing has a defect that does not prevent to use the thing for its intended purpose, it can be
sell only at a lower price than the MSRP of the perfect stuff.
The seller notifies the buyer that the thing has a defect and the defect
It is, if it is not already obvious from the nature of the sale.
Rights of defective performance
§ 2165
(1) the buyer shall be entitled to exercise the right of defects that occurs in
consumer goods in the period of twenty-four months from acceptance.
(2) if it is sold by the case, on its packaging, the instructions attached to the
things or in advertising in accordance with other legal regulations set out the time,
After that, you can use the thing, the provisions on the guarantee for quality.
section 2166
(1) if so requested by the buyer, the seller shall confirm to him in written form, in the
to what extent and how long after the last of its obligations in the event of defective
the performance. The seller has the obligation of defective performance, at least in this
the extent to which insist the defective performance of the manufacturer. In
the confirmation shall indicate their name, registered office and, where appropriate, the identifying information
additional information necessary to establish his identity.
(2) if it is necessary, explain the seller in a meaningful
way content, scope, conditions and duration of their responsibilities and
How to exercise the rights arising from it. In confirmation of the seller
at the same time stating that the other rights of the buyer, which is to buy things bind,
are not affected. Failure to comply with these obligations is not detrimental to the validity of the
confirmation.
(3) does not prevent the case nature of things, the confirmation referred to in paragraph 1
replace the proof of purchase containing the information referred to things.
§ 2167
The provisions of § 2165 shall not apply
and the things sold for) at a lower price on a defect for which a lower price
agreed,
(b)) to wear caused by its normal use,
(c)) for used things on the use of defect or wear,
that was when the takeover by the purchaser, or
(d)), it is clear from the nature of things.
section 2168
Ujednají if the seller and buyer of shortening the time for the exercise of the rights of
defective performance, no such arrangement. This does not apply, if the
the party has reduced this period to half the legal time when buying already
used consumer goods; ujednaly-the shortening of the greater, applies for
agreed upon half of the statutory period.
section 2169
(1) If a thing does not have characteristics specified in § 2161, the buyer may require
and the delivery of new things without defects, if it is not due to the nature of the defects
unreasonable, but if the defect affects only parts of things, the buyer may
require only the exchange of components; If this is not possible, you may withdraw from the
of the Treaty. If it is, however, due to the nature of the defects of the disproportionate, particularly if it can be
remove the defect without undue delay, the buyer has the right to free
the removal of defects.
(2) the right to the supply of new things, or replacement of the components has a buyer in
If Removable defects cannot properly use for recurring
the occurrence of defects after repair or for a larger number of defects. In this case, has
the buyer and the right to withdraw from the contract.
(3) if the buyer does not withdraw from the contract or does not apply to the right to supply
new things without defects, on the exchange of its components or to repair things, can
require an appropriate discount. The buyer has the right to an appropriate discount in
If the seller is unable to deliver a thing without defect, replace the
part or thing to fix, as well as in the event that seller fails to
remedy within a reasonable time, or that a remedy to the consumer
There were considerable difficulties.
§ 2170
The right of a defective performance, if the buyer does not belong to the purchaser before
by taking the things he knew, that thing has a defect, or if buyer defect alone
it caused.
section 2171
If the thing has a defect, in which the seller is obliged, and if this is the case
sold at a lower price or thing used, the buyer has the right place
on the exchange of things right at an appropriate discount.
section 2172
The rights of the seller shall apply to defects for which the thing was bought.
However, if, in the certificate referred to in section 2166 brought another person intended to repair,
that is in the place of the seller or buyer in the place for the closer,
buyer the right to repair, which is designed to perform
repair. The person so designated to repair will repair within the agreed
between the seller and the buyer to buy things.
section 2173
If the buyers the right of defective performance, the other party will confirm him in
written form, when the law was applied, as well as the repair and time
its duration.
section 2174
Ujednají-if the parties even before the buyer may exercise the right of
defects of the things that his rights be limited or that cease to exist, shall
it.
Subsection 6
Special provisions for the purchase of the plant
section 2175
(1) the buyer shall Purchase the race everything to race as a whole. About
the purchase of the plant is also in the event that the parties from the purchase of an individual
exclude item, without losing the whole property of the race.
(2) the purchase of the plant is considered a transfer of activities the employer.
section 2176
It is considered, that the purchase price is negotiated on the basis of data on převáděném
equity in the accounting records of the sold plant and in the contract on the date of
its conclusion; If it is to take effect, the Treaty later, purchase
Depending on the price increase or reduction of capital, which occurred in the
the meantime.
section 2177
(1) the purchase of the plant, the buyer becomes the lender and borrower claims
the debt, which belongs to the race; out of debt, however, the buyer takes over only those
whose existence he knew, or at least had reasonably assumed.
If the creditor has not given his consent to the assumption of debt by the buyer, shall be liable
the seller to meet the debt. The acquisition of the claims by the buyer shall otherwise be governed by the
the provisions on the assignment of receivables.
(2) the seller shall, without undue delay, its creditors and
borrowers whose debts and the debts of the buyer buys the plant took that
the plant sold and to whom.
section 2178
Prohibits the sale of the plant to convert to the buyer the right resulting from the
industrial or other intellectual property for which it excludes
the contract, which was granted the right to the seller, or excludes the
the nature of such rights.
§ 2179
(1) the registration of the transfer of the plant, the Parties shall enumerate all race
includes and what the buyer passes, as well as all of what is missing, though it
under the contract, or accounting records, the plant helps create. The seller
the latest in writing buyer shall draw attention to the defects of the subject of the sale,
which he knows, or should know and could.
(2) unless in writing the thing belonging to the race, takes her to the buyer
together with the race. Does not write to the error, the buyer shall take it,
If its existence had at least reasonably assumed.
section 2180
(1) if the buyer Is entered in a public register shall take ownership
the right to the race as a whole by publishing information that saved the proof of purchase
the race to the collection of documents under other legislation.
(2) if the buyer is not registered in a public register shall take ownership
the right to the race as a whole, the effectiveness of the Treaty.
(3) the provisions of paragraphs 1 and 2 are without prejudice to the obligations of the write rights
things under other legislation or restrictions resulting from the
license or similar contracts.
section 2181
Worse, if the sale of the plant when the claim, the creditor has
the seller, who disagreed with the sale of the right to sue to court
decided that the sale of the plant is useless against him. This right shall lapse,
does not apply if the creditor is within one month from the date of sale
learned, but no later than three years from the effective date of the contract.
section 2182
(1) in the event of any of the parties from the Treaty on
the seller's receivables and debts, which belongs to the race; out of debt, however,
the seller shall take only those about whose existence he knew, or at least
He had reasonably assumed. If the creditor has not given his consent to the assumption of
the debt is guaranteed by the seller, the buyer for its fulfilment. The acquisition of receivables
the seller shall otherwise be governed by the provisions on the assignment of receivables.
(2) the buyer shall notify its creditors and borrowers, whose claims and
the seller acquired the debt, without undue delay, that the obligation has lapsed
withdrawal from the contract.
section 2183
The provisions of this subsection shall apply mutatis mutandis to other transfers
ownership of the plant and the sale or other transfer of part of the plant
forming a separate organizational folder.
Section 3
Shift
section 2184
Basic provisions
(1) an exchange agreement with each of the parties undertakes to convert the other side
ownership of things in Exchange for the obligation of the other party to convert
right of ownership to other things.
(2) the Parties shall transfer the thing in the State in which they were at the time
the conclusion of the contract.
section 2185
(1) if the incidental destruction of things before the danger of damage to the
things looking up for the Treaty, as if it was not closed. If, before the
submitting the matter to the haphazard deterioration to the extent that the value of
things falls below half, the other party has the right to withdraw from the contract.
(2) the incidental deterioration of the case or the disability of loads to be charged
the transferor; a slight decrease in the value shall be disregarded.
(3) the exchange of things úhrnkem affects the haphazard destruction or accidental
the deterioration of the individual things přejímatele, not to the otherwise great
the seal is damaged, under half the price.
section 2186
When you send things passes the risk of damage to the things on přejímatele
by taking the stuff. However, if the designated or approved as a thing to be sent,
passes to the přejímatele the risk of damage to things already.
section 2187
The fruits and benefits of směněné things belong to zciziteli until the time when
in accordance with the Treaty, dispose of the thing; from this period belong the fruits and
the benefits of přejímateli, even if the thing has not yet committed.
section 2188
In the other, on an exchange contract shall apply mutatis mutandis the provisions of the purchase
the contract with the understanding that each of the Parties shall be considered regarding the things that
shift gives, for the seller, and about the things, which accepts, for the
side of the buyer.
Part 2
Letting things to use another
Section 1
Výprosa
section 2189
Basic provisions
If someone passes on the lender to use the thing for free without ujedná
the time after which the thing to use, or the purpose for which the thing
enjoy, there is výprosa.
section 2190
(1) Whoever, can leave the výprosníkovi thing to require restitution by
at will.
(2) Výprosník cannot go back in time, when it caused a půjčiteli
difficulties, unless lender agrees.
section 2191
(1) any damage to things výprosník půjčiteli replaces, unless it proves that the thing
used the appropriate its nature.
(2) if výprosník Allowed without consent of the lender, the thing he used someone
another, replace the půjčiteli damage resulting from it, unless the damage occurred
and otherwise.
§ 2192
If it finds a lost cause, for which the výprosník has already put a refund does
the right thing against the will of the lender to leave, but the thing půjčiteli
against the refund returns.
Section 2
The loan
§ 2193
Basic provisions
The contract for the loan lender the borrower leaves the nezuživatelnou thing
and he undertakes to allow her free temporary use.
section 2194
Borrower shall take the right thing taking the ujednaným way, and not to
negotiated, are appropriate to the nature of things. Borrower is not entitled to the thing
Let the other person without permission from the lender.
section 2195
(1) the Lender the borrower will leave the thing in a proper condition for use.
Causes damage to the defect that lender, replaces the lender
the damage from that resulting from the borrower.
(2) the Lender shall instruct the borrowed books, how to use the thing, if you are not on the
the rules generally known, or if the circumstances imply that that is not the
needed. If it fails, it will replace the borrower of the damage suffered.
section 2196
If the negotiated just the purpose for which it has a thing to use, arrange for the borrower
so, to start the thing to use without undue delay and to make it meet the
the purpose of the back without undue delay.
section 2197
Borrower has the right to return the thing prematurely; However, if from
půjčiteli difficulties, cannot return without his consent.
§ 2198
(1) the Lender cannot pursue early repayment; This does not apply,
If the borrower used the thing in violation of the Treaty.
(2) if the lender needs to thing inevitably sooner because of that could not
at the conclusion of the contract, you may seek to anticipate its early
return only if it agreed.
§ 2199
(1) the usual costs associated with the use of the matter carries from its borrower.
(2) in need of exceptional costs can borrower thing to pass
půjčiteli, that is made by myself. If he cannot, or if the lender so
make and making the extra costs to the extent itself
borrower, belongs to his replacement as a nepřikázanému Executive.
section 2200
The rights of the lender and the records are lent must be exercised within three months from the
return of things, otherwise, the Court will not admit, objected to the second party delayed
the application of the law.
Section 3
Rent
Subsection 1
General provisions
section 2201
Basic provisions
The lease agreement with the lessor undertakes to leave the tenant thing to
temporary use and the lessee undertakes to pay to the lessor
rent.
§ 2202
The subject of the lease
(1) the Rent can be a matter of culture and nezuživatelnou item of movable thing.
Rent can be part of real things; What is further down on the stuff, the
also for rent.
(2) the Rent can be the thing that only arises in the future, if it
sufficient to determine exactly when the conclusion of the lease contract.
§ 2203
If the leased thing entered in a public list, writes to the
the public list and the rental right, where it will propose to the owner of the thing or
with the consent of the lessee.
§ 2204
(1) if the parties Neujednají the duration or date of hire,
This is the rental for an indefinite period.
(2) if the parties Ujednají the rent for a specified period of more than fifty years, has
It is considered, that was the rent negotiated for an indefinite period, saying that in the first
fifty years can be rent only from the notice to terminate the contracted reasons
and in the agreed period of notice.
The landlord
§ 2205
The lease contract the lessor undertakes to
and leave the thing to the lessee), so that it could use to ujednanému or
the usual purpose,
(b)) to keep the thing in such a condition that could serve the users, for
that was leased,
(c) to ensure uninterrupted use the lessee), after the period of the lease.
§ 2206
(1) the lessor shall deliver the thing to the lessee in the agreed time, otherwise the day
the following after it on the tenant's request.
(2) the landlord shall deliver the thing to the lessee with all that is necessary for the proper
the use of things.
§ 2207
(1) for the duration of the lease the lessee performs regular maintenance stuff, unless it
committed to the landlord. Other maintenance things and its necessary repairs
performed by the lessor, unless a method or the kind of maintenance and
to repair certain defects committed tenant.
(2) the lessor is not responsible for the defect, which at the time of the conclusion of the lease
the Treaty does not prevent the parties knew and that the use of things.
section 2208
(1) if the lessee duly and on time to the landlord that has a defect
the landlord, and the landlord does not remove the defect without
undue delay, so that the tenant can use the thing only with difficulty, has
the tenant the right to a reasonable discount on the rent, or may perform the correction
also, myself and claim the effectively incurred. Makes it difficult to
However, fundamentally the use of defect, or make it impossible to completely use,
the tenant has the right to remission of rent or the rent may terminate without
the period of notice.
(2) the tenant has the right to offset what may be claimed under paragraph 1 from
the lessor, up to the amount of rent for one month; If the period of the lease
shorter, up to the amount of the rent.
(3) does not apply if the tenant the right referred to in paragraph 1 within six months from the
the date when the defect found, or could find out, the Court admits it to him
If the landlord says its late application.
section 2209
During the lease, the lessor has the right to its leased thing to change.
§ 2210
(1) If, during the hiring needed to perform the necessary repair things,
that cannot be postponed for a period after the end of the lease, the tenant must suffer,
even if the repair will cause difficulties or restricts the use of things.
(2) if the correction due to the time of the lease period of reasonable length or
makes it difficult to fix the use of things above the usual rate, the lessee has the right to
discount of the rent according to the time of repair and its extent.
(3) in the case of a repair, that at the time of its implementation is not possible
thing ever take, the tenant is entitled to the landlord to temporarily provide
to use a different thing, or it can terminate the lease without notice.
sec. 2211
If the third person will put a tenant in his tenement law or causes to
the violation of the rights of tenancy the lessee may demand the protection of the tenant
alone.
§ 2212
(1) If a third party proprietary or other right to the things or
If the issue or the eviction of the tenant's things a landlord shall notify;
If requested, the lessor shall give him protection.
(2) If a lessor does not provide sufficient protection, the
the tenant to terminate the lease without notice.
(3) if the lessee will be disturbed in the use case or otherwise prejudice the negotiations
the third person, has the right to a reasonable discount on the rent, if such
negotiations of a third party lessor announced in a timely manner.
The tenant
§ 2213
The renter is without a special agreement shall be obliged to use the thing as a proper
Treasurer for ujednanému purpose, or if it is not negotiated, the purpose of the normal, and
to pay the rent.
§ 2214
The lessee shall notify the lessor, that thing has a defect that you want to delete
the landlord, immediately after, when it finds it, or when, with careful use of
things to see.
Digs
section 2215
(1) if the landlord, the tenant may set up a third party to the case
exploitation right; If the rental contract is concluded in writing,
requires the consent of the lessor in writing.
(2) if the tenant will establish a third party a right to the point without the consent of the
the lessor shall be considered as a breach of the duty of the gross nájemcových
causing serious injury to the lessor.
(3) a right of a third party can be set up only for the duration of the lease; to
different arrangements will be taken into account.
section 2216
Allow the tenant to take the matter to a third person, the lessor is responsible for
hearing of this person as well, as if the thing enjoyed himself.
Rent
section 2217
(1) the rent shall be paid on the agreed amount, and if it is not agreed, in
the amount of the normal at the time of the conclusion of the lease contract taking into account the rent
rent of similar things for similar conditions.
(2) where the rent according to the arrangement of the parties has been performed otherwise than in money,
is determined the value of the property provided by the performance expressed in
the money.
§ 2218
The rent is paid monthly.
Other rights and obligations of the parties
§ 2219
(1) If a landlord in advance at the appropriate time, will allow him to
the tenant in the extent things tour, as well as access to it, or
into it in order to perform the necessary repairs or maintenance stuff. Previous
the notice shall not be required, if necessary to prevent damage or threatening to
the danger of delay.
(2) if the lessor to the lessee of the activities referred to in paragraph 1 the difficulties
that are not only irrelevant, it has a tenant the right to a discount on the rent.
§ 2220
(1) the lessee has the right to change things just with the prior consent of the
of the lessor; If the rental contract is concluded in writing,
requires the consent of the lessor in writing. Change things done
a tenant at their own expense; If there is a change of things to its appreciation,
the landlord with the tenant at the end of the lease balances according to the measure
the appreciation.
(2) if the tenant change things without the consent of the lessor, the thing
to its original state, as soon as the lessor so requests, but not later than
at the end of the lease of things. If the tenant does not, at the request of the landlord thing
to its original condition, the landlord may terminate the lease without notice
of the period.
Change of ownership
§ 2221
(1) if the owner of the things go the rights and obligations of the lease,
the new owner.
(2) Transferred to the lessor's right of ownership to things, not for new
the owner of a binding arrangement for pronajímatelových duties, which
the law does not. This does not apply if the new owner of these arrangements
He knew.
§ 2222
(1) the party has the right to terminate the rent just because the owner has changed
things. Otherwise, the arrangement has the right to terminate the lease, the lessor within three
months after learned or had to learn who is the tenant, and
the tenant, within three months after the change of the owner.
(2) if the new owner had no reason to doubt that buying the thing,
that is not leased, has the right to terminate the rent within three months after the
learned or had to learn, that is the thing leased and who is the tenant.
Nájemcova rights against the person with whom the rental agreement is not concluded,
without prejudice to the.
(3) If this is about a culture thing, is a three-month notice period. If this is
the item of movable thing, the period of notice is one month.
section 2223
The party, which denounced the rent shall provide the other party reasonable severance.
section 2224
If a rented apartment, in which the lessee, the lessor does not have the right to live,
terminate the lease because of the change of ownership. To the opposite arrangement
be taken into account.
The end of the lease
section 2225
(1) upon termination of the lease the lessee shall surrender to the lessor in the place where the
It took over, and in such a State, in what was at the time when it took over, with the
taking into account the normal wear and tear due to use, unless the thing
lapse or debased; surrender means surrender and abandoned
real things. If when submitting the matter to the lessee acquired the registration
containing a description of the things taken into account when submitting the matter to the landlord
also to him.
(2) when submitting the tenant's things and take everything to put things
or bring your own, if that is possible, and not to the
the essence of things, or impede the use of unduly.
§ 2226
(1) If a thing ceases to exist during the period of the tenancy, the tenancy ends.
(2) if the matter Expires during the term of the lease, the tenant has the right to, in part, either on the
a reasonable discount on the rent, or the rent may terminate without notice
of the period.
§ 2227
If it becomes unusable for the purpose ujednanému the thing, or if it is not negotiated,
for the purpose of business as usual, and for reasons that are not on the side of the tenant, has
tenant law lease terminate without notice.
§ 2228
(1) if the tenant thing in such a way that it wears out over peace
appropriate in the circumstances, or that threatens the destruction of things, invite him
the landlord, that thing used properly, give him a reasonable time limit to remedy and
about the possible consequences of non-compliance challenges. The challenge requires
in writing and must be delivered to the lessee.
(2) if the renter calls the rest under paragraph 1, the landlord has
the right to terminate the lease without notice.
(3) where, however, in the case referred to in paragraph 1 of the urgent, serious
the risk of late payment, the landlord has the right to terminate the lease without
the period of notice without the tenant called to correct.
(4) the landlord has the right to do this as well, as shown in the
paragraphs 1 and 2, the tenant does not pay the rent or a due date
next rentals.
§ 2229
The rent agreed for a certain period each of the parties may terminate only in the
When in the contract were signed at the same time the reasons for termination and
the period of notice.
§ 2230
(1) if the tenant thing even after the expiry of the lease period and the landlord it
within one month, not to the thing made, lease
the contract was concluded under the terms originally agreed. If it has been
originally the rental period longer than one year, has now been closed
for one year; If less than one year, has now been
closed at this time.
(2) the provisions of paragraph 1 shall not apply, however, that the tenant thing on
used, gave the party within a reasonable time in advance know that tenancy
or have previously testified the rent.
§ 2231
(1) the rent agreed for an indefinite period is over the statements made by one of the parties.
If this is the case, the period of notice item of movable is one month, if it is
on the matter of culture, is three months.
(2) the Notice may not be justified; This does not apply if the party of the right
terminate the lease without notice.
§ 2232
If a party violates a particularly seriously its responsibilities, and the
the other side is causing considerable harm to the party concerned has the right to terminate
rent without notice.
section 2233
(1) at the time of three months before the end of the lease, if the parties to the end of the day
the lease, the tenant will allow things to know, which is to be rented out again, leads
about rent access to things to the extent necessary for the purpose of the tours in
the presence of the tenant and the landlord; the lessor shall notify the lessee
visit in a reasonable time in advance.
(2) the provisions of § 2219, paragraph. 2 also applies here.
§ 2234
The landlord has the right to the payment of claims against the tenants withhold movable
things that the tenant has or in it.
Subsection 2
Special provisions for the rental of the apartment and rental house
Basic provisions
§ 2235
(1) committed to a lease contract the lessor to the lessee to leave
housing needs and, where applicable, members of his household
apartment or House, which is the subject of the lease, the arrangement shall
brief nájemcova rights under the provisions of this subsection.
(2) the provisions of this subsection shall not apply, if the leaves
landlord tenant apartment or House for recreation or other clearly
short-term purpose.
section 2236
(1) a resident means a room or set of rooms that are part of the
the House consists of living space and are intended and used for the purpose of housing.
Ujednají-if the landlord with the tenant, that the occupation will be rented out to other
than the living space, the parties are committed to as well, as would have been hired out
living space.
(2) the fact that the rented space is not intended to be a living, cannot be
to the detriment of the lessee.
(3) if the housing needs of the tenant rented house, the
the provisions of the lease of the apartment, mutatis mutandis.
section 2237
The Treaty requires the written form; the landlord, however, does not have the right to argue
the nullity of the contract against the tenant for lack of form.
section 2238
If the tenant's apartment for a period of three years, in good faith, that the rent is
the right to the lease contract shall be deemed to be duly closed.
section 2239
Prohibited arrangement
The arrangement shall ukládajícímu the tenants to pay
lessor a contractual penalty, nor to the arrangement ukládajícímu tenants
the obligation, which is manifestly unreasonable under the circumstances.
section 2240
Special provisions for the hiring of a cooperative apartment
Lease contract on the lease of co-operative apartment can be closed under the conditions
laid down by law, or otherwise modified in the statutes of the housing
of the cooperative. The same applies to the rights and obligations of the lessee and the lessor.
§ 2241
If this is about an apartment, which is in the ownership of a legal entity, inhabited by from
because the membership of a member or member of this legal person governing
the rights and obligations of the parties to the particular statutes or the social contract.
Surrender flat
§ 2242
(1) if there is no agreed time when the lessor makes available to the lessee a flat
to be eligible to move in and live, make available to the lessor the apartment
the first day of the month following the date on which the contract took effect.
The apartment is available, if the tenant has received a key and unless anything in
access to the apartment.
(2) the lessor may agree with the lessee that the occupancy will be passed to the
the apartment, which is not suitable for habitation. Such an arrangement is valid only
If they are struck at the same special rights and obligations deriving from
the special nature of the apartment, including the amount and method of payment of the costs of implementation
the necessary adaptations.
section 2243
The apartment is eligible to move in and live, if the arrangement in
the Treaty, and if there is no deal, is likely to move in the apartment and
occupancy, if it is clean and in a State that is usually considered a good,
and if it is to ensure the provision of the necessary implementation associated with the use of
flat or associated with him.
section 2244
(1) if it is not in the agreed upon time apartment eligible to move in and live, or
If the apartment is in a State that does not correspond to the communication of the landlord, the tenant has
the right to reject the move. If he moves, he has the right to require the
lessor contract; If they do so without undue delay,
its right to exist.
(2) if the tenant Knew the status of the apartment at the conclusion of the contract, the provisions of
paragraph 1 shall not apply. This also applies in the event that the tenant of the apartment when the status
the conclusion of the contract, because it explored, although the landlord
in a timely and properly called the tenant.
section 2245
If the lessee exercises the right to nenastěhovat into the flat, is not obliged to pay
rent for what the defect persists. If he moves in, has the right to an adequate
discount of the rent until the landlord does not resolve the defect; This also applies in the
If significant defects in the delivery performance of United or souvisícího
with the use of the apartment.
Rent and other payments
section 2246
(1) the parties ujednají the rent fixed amount. It is considered, that the rent
arranged for one month.
(2) if the parties Neujednají the amount of the rent, the lessor the right to
rent in an amount, which is the day of conclusion of the contract in place of the usual
for a new rental apartment like in similar terms.
section 2247
(1) the parties ujednají that the performance related to the use of the apartment or
related services shall ensure that the lessor; lack of such arrangements,
It shall apply the provisions of paragraph 2.
(2) the landlord shall ensure that for the duration of the lease of the necessary services. It is considered that the
necessary services are water supply, transport and evacuation of waste water
including the cleaning of reservoirs, heat supply, removal of municipal waste,
lighting and cleaning of the common parts of the House, ensuring the reception of sound
and television broadcasting, operation and cleaning of chimneys, or the operation of the
the elevator.
(3) the method of allocation and payment of the price of services provides a different legislation.
(4) the parties ujednají how distribution of the prices and payment of any
other services, if not determined otherwise by law or
price decision authority. The method of allocation must be determined before
the provision of services.
section 2248
The parties may make annual rent increases.
section 2249
(1) if the party's Neujednají-rent increases or ruled out if
rent increases, can the landlord expressly in written form
design the tenants rent increase of up to comparable rent
habitual in that location, if the proposed increase along with that to which the
has already occurred in the past three years, will not be higher than 20 percent. To
the proposal made before the expiry of 12 months, in which a rent
It was not increased, or that does not contain the amount of the rent and does
compliance with the conditions referred to in that provision, shall be disregarded.
(2) the implementing legislation lays down the details of and procedure for the detection of
the comparable rent customary in the place.
(3) if the lessee Agrees with the proposal to increase the rent, pay the
starting with the third calendar month after the arrival of the proposal increased the rent,
how it was designed. Unless the lessee to the lessor in writing
two months after the arrival of the proposal, that an increase in rent agrees, has
the landlord the right to propose within the next three months, to the amount of
the rent has designated court; proposal submitted after this deadline, the Court
not to argue, if the tenant, that the proposal was filed out of time. The Court on
the design of the lessor decides to rent to an amount which is in place and
the usual time to effect from the date of submission of the proposal of the Court.
(4) if the lessee Proposes a reduction of the rent, the provisions
paragraphs 1 to 3 apply mutatis mutandis.
section 2250
(1) if the landlord building modifications that permanently enhance
the usefulness of the rented flat or the overall housing conditions in the House
or result in permanent savings of energy or water, can with
tenants agree to increase the rent, but not more than ten percent of the
efficiently incurred costs per year. Agrees to the proposal on such
rent increase at least two-thirds of the tenants of the apartments in the House, the
the increased rent for the other tenant.
(2) in the absence of the agreement referred to in paragraph 1, the lessor may suggest
rent increases for these reasons every year about three and a half percent of the
the costs incurred; It is considered that the expenses were incurred by efficiently. To
the proposal, which does not include the amount of the rent or does meet the conditions
According to this provision, shall be disregarded.
§ 2251
(1) the tenant pays the rent in advance on a monthly or other agreed
payment period, not later than the fifth day of the payment
the period was not a negotiated date later. Together with the rent paid
the tenant of the advance or the costs of services that provides the landlord; about
These advances and costs apply, mutatis mutandis, to section 2253.
(2) a landlord shall not require the lessee other than those referred to in
paragraph 1, whether in the form of a deposit or otherwise, or the payment of the rent
later dated cheque or other similar means.
§ 2252
(1) if requested by the tenant, it would allow him the landlord generally no later than
four months after the end of the billing period to look into the billing
the cost of the service provided for the previous calendar year, as well as edit
from Bill's statements, copies or copies; the same applies to documents
relating to the posted cost.
(2) the Arrears and overpayment of advances on the services rendered are due to
the same day; If there is no other time agreed, are due within three months after the
the expiry of the period referred to in paragraph 1.
section 2253
(1) unless otherwise agreed between the parties on the dlužném, you cannot terminate the lease rentals
for the non-payment of rent, deposit the rent owed to the tenant, or
his controversial part in the notarial custody and shall inform the landlord.
(2) If a tenant seeks the implementation of the Treaty and the landlord refuses to carry out
the question of the non-payment of rent, deposit the tenant owed rent
where appropriate, its contentious part of the notarial custody and shall inform
of the lessor.
§ 2254
The security
(1) Ujednají if the parties, that the tenant gives the landlord financial assurance
to pay the rent and fulfil other obligations resulting from the lease may not
be greater than six times the monthly rent.
(2) upon termination of the tenancy the landlord returns the certainty of tenants; Grant's
Meanwhile, his tenant or tenancy owes. The tenant has the right to interest
from the security of its provision of at least the amount of the statutory rates.
The rights and obligations of the parties
§ 2255
(1) the tenant uses the apartment properly in accordance with the lease agreement.
(2) if it does not cause an increased load for apartment or House, the tenant may in
the apartment even work or do business.
§ 2256
(1) the landlord maintains for the duration of the lease in the House proper order usually
According to the local situation.
(2) the lessee shall observe the usual rules for the duration of the lease for the behavior in the House
and the reasonable instructions of the lessor to maintain proper order
usual according to local conditions.
§ 2257
(1) the landlord maintains for the lease of the apartment and the House in a proper condition to
the use of the.
(2) the tenant carried out and paid only routine maintenance and minor repairs
associated with the use of the apartment.
section 2258
The tenant has the right to behave in the apartment of the animal, if the breeding of the lessor
or the other residents of the House to be disproportionate to those of the House's difficulties.
Occurs if the breeding of the animal need for increased maintenance costs of the common
parts of the House, will replace these costs to the lessor the lessee.
Modifications and other changes to the apartment or a House
section 2259
Renter is obliged to submit to an adjustment of the flat or House, where applicable, its
remodeling or other changes, just will not reduce the value of the housing, and if it
without more discomfort for the tenant, or if it
the landlord at the behest of the public authority, or if there is a particularly
serious injury. In other cases, you can change only with the consent of
the tenant.
section 2260
(1) if the nájemcův does not require consent to perform editing, conversion
or other flat or House changes requiring evacuation of the apartment, has
the landlord the right to begin with the implementation of the work of until then, what to
the lessee undertakes to provide reasonable compensation for the reasonable costs
tenants will arise in connection with clearing out an apartment and pay tenants to
These costs reasonable advance.
(2) where not the circumstances of the case, the lessor shall notify the
at least three months before the start of work at least the nature of these works,
the expected date of their commencement, estimate their duration, a necessary period of time,
the apartment must be evacuated and lessons about the consequences of a refusal
eviction; at the same time, the landlord undertakes to compensation referred to in paragraph 1 and
indicate, as an advance on the compensation offers.
(3) if the lessee declares to the lessor within 10 days after notification that the
apartment on the desired period of time shall be deemed vacated that evacuation of the apartment.
§ 2261
If you need an apartment eviction for a maximum period of one week,
notify tenants at least ten days prior to the commencement of work. The time limit for
Declaration of the tenant is reduced to five days.
§ 2262
(1) if the tenant refuses to vacate the apartment, the landlord may propose to the Court,
on the evacuation of the apartment; However, if a proposal fails within ten days after
nájemcově denial of the right to seek the eviction of the apartment.
(2) if the landlord can prove the effectiveness of the modifications, alterations, or other changes
flat or House and the necessity for the evacuation of the apartment, the Court proposal passes; in doing so,
the parties may impose reasonable restrictions on them can be reasonably
request. Before a decision on the evacuation of the apartment cannot be made,
unless the Court allows the execution of works.
section 2263
(1) if the lessor, the lessee may make an adjustment,
remodeling or other change in the apartment or House. If the landlord
the change is necessary because of the disability of the lessee,
a member of his household or other person who lives in the apartment, without the
refusal of consent by the serious and righteous reason, replaces pronajímatelův
the consent of the Court on the proposal of the tenant.
(2) upon termination of the lease the tenant in the apartment or removes the House amendment, which
carried out, unless the landlord to return to the previous state.
§ 2264
(1) where a tenant in the apartment damage or defect that is to be
delay delete, it shall notify the lessor immediately; Another defect or
damage, which prevents the normal housing, a landlord shall notify without
undue delay.
(2) the tenant shall, according to their possibilities of what you can expect to
damage or defect, that it should be deleted without delay,
For more damage. The tenant has the right to compensation for the costs incurred by efficiently
to prevent further damage, unless the damage or defect have been
due to circumstances for which the tenant is responsible.
§ 2265
(1) a landlord removes the damage or defect within a reasonable time after the
his tenant damage or defect.
(2) if the lessor does not delete damage or defect without undue
delay and properly, can damage or defect to remove the tenant and ask
to pay the cost, or a discount of justified from the rent, unless
damage or defect is not substantial.
(3) if the lessee notifies the lessor of damage or defect without
undue delay after he and proper care to find out, does not have the
the right to pay the costs; Delete-if the damage or defect itself does not
the right not to discount from the rent.
section 2266
If the landlord does not delete damage or defect or in additional time and
damage or defect caused by circumstances for which a tenant
does not match, the tenant has the right to terminate the tenancy without notice,
If the delay of the lessor in the Elimination of damage or
defects or damage itself or defect of the gross violation of the obligations
of the lessor.
section 2267
If the tenant does not delete damage or defect caused by circumstances beyond the
which corresponds to, removes the tenant the landlord is the cost.
section 2268
(1) the provisions of the defect or damage the apartment shall apply mutatis mutandis, if
the use of the apartment the right of a third person.
(2) the provisions of the defect or damage the apartment shall apply mutatis mutandis also
then, if the use of the provisions of the Act or decision of a flat body
public authority issued on the basis of the law.
section 2269
(1) if the lessee Knows in advance of their absence in the apartment, which has a longer
than two months, and that the apartment will be available after this time, difficult to
It shall notify the lessor in good time. At the same time marks a person for his
the absence of the possibility of the entry to the apartment, where it will be
strictly necessary; If the tenant does not have such a person on hand, is such a
person to the landlord.
(2) if the tenant fails to comply with its obligation under paragraph 1, it shall be considered
These actions for breach of the obligations of the tenant seriously; It
does not apply, unless there is a serious injury because of this.
Joint tenancy
§ 2270
(1) If a lease with the landlord more individuals become
joint tenants of the apartment; a joint tenant of the apartment and the person becomes
that with the consent of the parties to the Treaty.
(2) What is the lessee, shall apply mutatis mutandis on the joint tenants, if not
unless provided otherwise below.
§ 2271
Joint tenants have the same rights and obligations. The provisions on the
the company shall apply mutatis mutandis.
The members of the household nájemcovy
§ 2272
(1) the lessee has the right to receive in your home. If
the tenant of a new Member of their household, shall notify the increase in the number of people living
in the apartment, the lessor without undue delay; If the tenant fails to even
in the two months since the change occurred, it shall be deemed that seriously violated his
the obligation.
(2) the lessor has the right to reserve in a contract agreement with the adoption of the
new Member to nájemcovy households. This does not apply if the person
close or more cases worthy of special attention. For the consent of the
the landlord with the adoption of a person other than a member in nájemcovy
household requires written form.
(3) the landlord has the right to require that the nájemcově lived in the household
such number of persons, which is proportionate to the size of the apartment and does not prevent the
that all may live in an apartment in the usual comfortable and hygienically
complying with the conditions.
§ 2273
Be reduced to the number of members of the nájemcovy home, it shall notify the tenant
the lessor without undue delay.
Digs
§ 2274
The tenant may give the third person to sublease part of the apartment, if in the apartment alone
permanently reside, even without the consent of the lessor. The provisions of § 2272,
apply mutatis mutandis.
§ 2275
(1) in the event that the tenant in the apartment itself permanently live, may give the third
person to sublease the apartment or its part only with the consent of the lessor.
(2) the request for consent to sublease consent with digs up require
in written form. If the landlord does not respond to the request within the time limit of one
month for the approval; This does not apply, if the negotiated
a ban on lodging.
§ 2276
If the tenant's dwelling or part thereof to a third person to sublease in contradiction with the
the provisions of § 2274, 2275 and grossly in breach of his duty.
§ 2277
Digs ends together with the rent. If the lease ends, it shall inform the tenant
podnájemci, stating the relevant facts; they are in particular day
the end of the lease and, where appropriate, the length of the notice period and the beginning of its
run time.
§ 2278
Digs at the latest with the lease ends.
The consequences of the death of the tenant
§ 2279
(1) If a tenant dies and is not a joint rent of apartment, rent
Member of the nájemcovy households that lived in the apartment on the day of the death of the tenant and
does not own the apartment. If this person is someone other than the husband, nájemcův
partner, parent, sibling, child, son-in-law, daughter-in-law, or grandson, goes to her
rent only if the landlord has agreed with the transition of the lease on this
the person.
(2) the rent of the apartment after his transition in accordance with paragraph 1 shall end not later than
the expiry of two years from the date of hire. This does not apply in the event that the
the person to whom the rent, the lease at the date of transition reached the age
Seventy years. So this does not apply if the person to whom the
rent, lease at the date of transition has not reached the age of eighteen years; in
this case will end up hiring the latest day on which the person reaches the age of
twenty years, if a landlord with a tenant agree otherwise.
(3) If more than meets the nájemcovy household conditions for transition
lease, the rights and obligations of the lease, all together and
severally liable.
(4) any person satisfying the conditions for the transition of the lease within one
the months since the death of the lessee in writing notify the lessor that leases
does not intend to continue; on the day of arrival notice to the lessor the rent
shall cease.
(5) If a tenant dies, a cooperative apartment, and unless it is an apartment in the common
the hiring of spouses, the death of the tenant of his membership in a cooperative and hire
the apartment on the heir, which fell to the Member.
§ 2280
If a member of the nájemcovy household nájemcův descendant, has priority
the law, passed to him the rights and obligations of the lease. If such
people more rights and obligations of the lease, all together and
severally liable; each of them may, however, for itself, declare that in the lease
He doesn't want to continue.
§ 2281
(1) Go to the rights and obligations of the lease, a member of the nájemcovy
the home, the landlord has the right to request security if it
the deceased tenant security exam. This is true even if the
the lessor will create an obligation to deal with the certainty of the nájemcovým heir.
(2) Go to the rights and obligations of the lease, a member of the household nájemcovy
and if the tenant paid rent in advance, shall issue the nájemcovy household
the heirs of what such payment spared, or what.
section 2282
Will not switch to the rights and obligations of the lease, a member of the household, nájemcovy
go to the nájemcova heir. A person who lived with the tenant in common
the household until his death, heir to the nájemcovým are committed to
jointly and severally from debts that arose prior to the lease of nájemcovou
death.
§ 2283
(1) a landlord may terminate the lease without cause with a two-month
notice of up to three months, after he learned that the tenant died,
the rights and obligations of the lease, a member of the nájemcovy household turned and
who is the nájemcovým who manages the heir or the estate.
(2) the Nájemcův heir may terminate the lease with two months ' notice
within three months, after he learned of the death of the tenant, your inheritance
law and that the rights and obligations of the lease passed to the Member
nájemcovy households, but not later than six months from nájemcovy
death. The right to terminate the rent has the one who manages the estate.
§ 2284
It is not known if the heir or nájemcův within six months from the date of nájemcovy
death, can the landlord to vacate the apartment; the lease expires. Things from the apartment
the landlord saves on load nájemcova an heir in a public warehouse
or else schovatele; If the heir does not assume things without nájemcův
undue delay, the landlord is on his account in an appropriate manner
sell.
The end of the lease
§ 2285
If the lessee continues to use the apartment for at least three months after the date of
When the rent of the apartment had come to an end, and the landlord does at this time of the lessee,
that left the apartment, is hiring again negotiated on the same time, on the
What was negotiated before, but not more than for a period of two years; This does not apply,
ujednají-if the parties something else. The challenge requires the written form.
§ 2286
(1) notice of termination of the lease requires the written form and must reach the other side.
Notice period running from the first day of the calendar month following
after testimony concluded the second side.
(2) if the landlord rent Denounced, instruct the tenant of his right to
against the testimony of objections and propose a review of the validity of the testimony
the Court, otherwise, it is invalid to testify.
§ 2287
The tenant may terminate the tenancy for a specified period, if circumstances changed, from
which the parties of the commitment from the contract on the lease of apparently relied on the
the extent that after the tenants cannot reasonably require in lease continued.
§ 2288
(1) a landlord may terminate a tenancy for a fixed or an indefinite period in the
the three-month notice period,
and if the lessee breaches) roughly its obligation arising from the lease,
(b) if the tenant) is sentenced for an intentional crime committed by the
the landlord or a member of his household or a person who lives in the
the House where the apartment is nájemcův, or against foreign assets, which in this
the House is located,
(c)) has to be evacuated, because the flat is because of the public interest required
with the apartment or House, in which the apartment is located, do so, that the apartment
It will not be possible at all, or
(d)) where there is another similarly compelling reason for termination of the lease.
(2) the landlord may terminate the rental for an indefinite period in the three-month
Notice the time even in the event that the
and) should be used by the landlord, apartment or his husband, who intends to
to leave the family home and was filed for divorce, or
the marriage was already developed,
(b) the landlord needs byt) for your relative or a relative
her husband in the direct line or in the next line in the second degree.
(3) if the landlord rent Denounced the reasons referred to in paragraphs 1 and 2,
the notice shall state the reason for the dismissal.
§ 2289
If the landlord gave notice to the lessee for any of the reasons listed in section
2288 paragraph. 2, the lessee is required to rent the apartment again, or replace the
the damage did not use a flat within one month from his tenant to eviction
the purpose stated as the reason for the notice. This period is not running for
necessary to adjust the flat, if you edit started no later than two
weeks after the evacuation of the apartment and it is duly continued.
§ 2290
The tenant has the right to request the Court to review whether the notice
justified, within two months from the date when the notice of termination.
§ 2291
(1) if the lessee breaches its obligation to particularly severe way, has
the landlord the right to terminate the tenancy without notice and require
his tenant's apartment without undue delay, but not later than
one month after the end of the lease.
(2) the tenant is violating its duty particularly seriously, in particular
failed to pay the rent and the cost of the service for a period of at least three months,
damages to apartment or House has a serious or an incorrigible way,
causing serious damage to the lessor, or persons or difficulties,
He lives in a house or apartment if he wrongly in any other way or to
other purpose, than was agreed.
(3) unless the landlord in the testimony, what sees particularly serious
breach of the obligation, or nájemcovy if the system does not prompt before service termination
the tenant, within a reasonable time to remove his objectionable behavior, or
removed the illegal status, the testimony shall be disregarded.
§ 2292
The lessee shall surrender flat landlord in the day when the lease ends. The apartment is
handed over to the lessor receives the keys and nothing to prevent him
access to the apartment, and in its use. If the tenant leaves the apartment in such a
in a way, that the rent can without any doubt be considered
discontinued, should be considered resigned immediately.
§ 2293
(1) the lessee shall surrender flat in the condition in which it took over, apart from the normal
in normal use, wear and tear and defects that is required to remove the
the landlord.
(2) the tenant removes the apartment changes carried out with the consent of
the lessor, if the party's ujednaly that, in the end of the lease the lessee
indicate the apartment to its original state.
(3) the tenant removes the apartment changes made without the consent of the
the lessor unless the lessor shall inform the lessee that the removal of the changes
not sought; the tenant still cannot ask for compensation, even if the changes
the value of the apartment. The lessor may claim compensation in the amount of the reduction
the value of the apartment, which was caused by the changes made by the lessee without the
the consent of the lessor.
§ 2294
Equipment and items mounted in the walls, floor and ceiling of the dwelling
You cannot delete without undue impairment or without damage
apartment or House, or by inserting into mounting pass ownership
the owner of the real things. The tenant has the right to ask to be with him
the lessor without undue delay, offset; This does not apply to what
the tenant carried out without the consent of the lessor. Compensation is payable
not later than on the date of termination of the tenancy.
section 2295
The landlord has the right to compensation in the amount of the agreed rent,
If the tenant does not give the landlord the apartment on the day of the termination of the lease until the day
When the lessee to the lessor the apartment actually surrenders.
section 2296
(1) if in the apartment thing, which can be considered to belong to the lessee or
a member of his household, the landlord will take care of the matter in favour of the
the lessee and on his account. If the tenant does not take this thing without undue
delay, the lessor the right thing after the previous warning
the tenant on his account in an appropriate way to sell then what will provide
an additional reasonable time limit for acceptance.
(2) the provisions of paragraph 1 shall not apply, if it is a thing
the tenant or a member of his household, apparently abandoned.
The rent service apartment
section 2297
If the apartment is rent negotiated in connection with the performance of job function
or other work and is under the explicit determination of the contract the apartment rented
a business may be the right tenant apartment service limited. This also applies in the
the case, if it is in this context, negotiated the rent of the House.
§ 2298
(1) the rent service flat end on the last day of the calendar month
following the month in which the lessee has stopped work
under section 2297, without had serious reason.
(2) if the lessee to carry out work for reasons of, consisting of his
age or health, due to the landlord's side or from
Another serious reason, end up hiring the staff apartment tenants of the expiry of the
two years from the date on which he ceased to perform the job.
section 2299
If the tenant, the rent service flat ends. Person in apartment
She lived together with the lessee has the right to live in the apartment; If, however, it
the landlord, apartment house, is required to do so by
three months from the date when the call is received.
Rental apartment special purpose
section 2300
(1) if the subject of the lease of the apartment designed for the accommodation of persons with
disabilities or an apartment in the House with the equipment for these persons or flat
in the House, a nursing home, it is a rental apartment special
destination.
(2) the contract on the lease of the apartment, the lessor may enter into a special purpose
only on the basis of the written recommendation of such apartment its cargo
established, or his successor in title.
§ 2301
(1) the provisions of § 2279 for apartment special purpose shall not apply. Die
the tenant, the rent of the apartment special purpose will end and the landlord shall invite the
people who live in an apartment together with the tenant, apartment feat
not later than three months from the date of the challenge will receive; If they are not in the apartment
such a person, the landlord shall invite similarly nájemcovy heir.
(2) the rental apartment special purpose can the landlord terminate only with
the prior consent of the person who set up such an apartment its cargo,
or its legal successor.
Subsection 3
Special provisions for the rental of the space serving the business
Basic provisions
§ 2302
(1) the provisions of this subsection apply to the rental of space or
the room, where the purpose of the lease operation of business activities in
This space or in this room and is used then the space or
the room at least mostly business, regardless of whether the purpose of the
tenancy in the rental agreement expressed ("space used
business "). Unless otherwise specified, shall apply for the rent
space serving the business of the General provisions of the lease.
(2) in the case of the rental of space or room, the purpose of which is not even
housing, or operation of a business within the meaning of paragraph 1,
the General provisions of the lease.
§ 2303
If the rent of the space serving the business associated provision
services, the provisions relating to the provision of services related to
the rent of the apartment analogy.
§ 2304
(1) the lessee has the right to engage in other activity, or change the way or
the conditions for its performance, than how it appears from the end of the lease or other
the arrangement of the parties, or from what can be reasonably expected to
the conclusion of the contract, if the deterioration of the conditions for this change has worked in
real things or above reasonable manner the landlord
or other users of the real things.
(2) the provisions of paragraph 1 shall not apply if, as a result of changes
conditions on the part of the lessee to his action in a matter has changed
trivially.
section 2305
The tenant can a culture thing, where is located the space serving the business,
to obtain the consent of the lessor within a reasonable range of shields,
návěstími and similar signs; the lessor may consent, refuse,
If for this reason. Asked if tenant of consent in
written form and fails to the landlord within one month,
the lessor shall be deemed consent for that.
§ 2306
When the end of the lease the tenant removes the sign by which a culture thing
capped, and indicate the part of the immovable things to their original state.
section 2307
The transfer of the lease area serving business
(1) the lessee may with the prior consent of the lessor in a lease transfer
the context of the transfer of the business activity in which the space is used;
the consent of the lessor and the contract on the transfer of the lease require the written
the form of the.
(2) the provisions of § 2306 shall apply mutatis mutandis.
The end of the lease
section 2308
The rent for a tenant can terminate before the expiry of the agreed
time,
and if the eligibility) loses to the activities for which the performance space
serving the business designed,
b) ceases to be a hired space for objective reasons, to be eligible to
the performance of the activities for which it was designed, and the landlord locks tenant
matching spare space, or
(c) if the landlord) violates their obligations toward the tenant grossly.
§ 2309
If it is a lease for a fixed period, the landlord has the right to hire
terminate before the expiry of the agreed period of time,
and) has to be the real thing, in which the space serving the business is located,
deleted or rebuilt so that it prevents further use of
space, and the landlord at the conclusion of the contract did not have or could
anticipate, or
(b) if the tenant) violates his obligations towards the landlord grossly, in particular
the fact that even though the landlord called to correct, he is a tenant in the
contrary to the provisions of § 2305, or for a period longer than one month in
delay in the payment of rent or of the services connected with the use of space
serving the business.
§ 2310
(1) in the notice must be given the reason; statement, which is not listed
her reason is invalid.
(2) the notice period is three months.
section 2311
The provisions on the termination of the lease of the apartment for a specified period shall apply mutatis mutandis.
§ 2312
If it is on lease for an indefinite period, the party has the right to denounce it in
the six-month notice period; If, however, a party to the testimony of a serious reason,
the three-month period of notice; If the rental lasts for longer than five years, and
due to the circumstances of the party could not assume that the other party
rent, the period of notice is terminated the Agency always six months.
section 2313
If the tenant vacated the space serving the business in accordance with the notice, the
notice shall be deemed valid and accepted by the lessee without the opposition.
§ 2314
(1) the party has the right to Vypovídaná the expiry of one month from the date on which the
her statement was delivered, to object to the testimony; the objections
require the written form.
(2) unless the vypovídaná party, the right to seek timely objections to the review
the legitimacy of the testimony.
(3) If a party Raises objections in time vypovídaná, but informative page
within one month of the date on which the objections were received, take your
notice back, has the right to ask the Court to vypovídaná party review
the legitimacy of the testimony, and within two months from the date when the vain expired
the deadline for the withdrawal of the testimony.
section 2315
Compensation for the takeover of the customer base
If the tenancy by notice by the landlord, the tenant has the right to
compensation for the benefit of the lessor, the lessee or the new, obtained by
by taking the customer base built vypovězeným by the lessee. The tenant
This right has been banished from the lease for the gross violation of their
duties.
Subsection 4
Special provisions for business lease of movable assets
section 2316
Basic provisions
(1) a lease agreement with the landlord, who is an entrepreneur and whose
business is renting things, agrees to let the tenants on the
for some time the use of movable property and the tenant agrees to pay for it
the landlord rent.
(2) unless otherwise provided, shall be used for rental business
movable General provisions on lease.
§ 2317
The lessor to the lessee when the transfer case is satisfied that the matter is in good
State, tenants, that thing is working, if it's normal, and
get acquainted with the rules of the lessee for dealing with things or to transmit
instructions in written form.
section 2318
(1) If a thing Has a defect for which it cannot be properly used or for which it
You can use only with considerable difficulty, the tenant has the right to
the landlord has provided a different thing serving the same purpose.
(2) After the period during which the tenant could not properly used or the thing just are
considerable difficulties, has the tenant the right to remission of rent, or
discount on the rent, or the rent reduction; their right to have a tenant
apply for the landlord to end the tenancy period agreed otherwise.
§ 2319
(1) the lessee shall notify the lessor of the damage, loss or destruction of a thing
without undue delay.
(2) the tenant pays the rent until the landlord notifies the damage to things,
for that matter cannot properly enjoy, or the loss or destruction of a thing;
as well as paying rent, as long as it is in arrears with returning things.
(3) the lessee is not responsible for the wear and tear caused by regular use of things.
§ 2320
(1) the lessee has the right to terminate the lease at any time. The period of notice is
the 10-day.
(2) the provisions for renewal of the lease contract after the period of the lease for the
provided, that the landlord has requested a refund, shall not apply.
Subsection 5
Special provisions for the hiring of means of transport
section 2321
Basic provisions
The lease agreement with the lessor agrees to let the tenants on a
the period of use of the vehicle and the lessee undertakes to pay for it
the landlord rent.
§ 2322
(1) the landlord shall deliver to the lessee together with the necessary means of transport
the documents in the agreed time, or without undue delay after the conclusion of the
of the Treaty.
(2) the means of transport must be eligible for operation and ujednanému
How to use, or the use of which the means of transport is usually
is used.
(3) if the means of transport is not eligible for the operation referred to in paragraph 2,
the tenant has the right to refuse to take the means of transport, and if it finds
Additionally, disability has the right to return it and ask for the removal of defects
or other means of transport, surrender or cancellation of the contract.
section 2323
Tenant means of transport, if it was just a deal.
section 2324
The tenant will pay the rent after their use of means of transport;
However, if the lease is negotiated for a period longer than three months, the tenant
the rent at the end of each calendar month.
section 2325
(1) the renter keeps the vehicle in the condition in which it took over,
with regard to normal wear and tear.
(2) the landlord shall replace the tenant the cost incurred by the tenant on the
maintenance; If the tenant does not exercise this right in the case of the lessor within three months
from incurring the cost, the right shall lapse.
Subsection 6
Accommodation
§ 2326
Basic provisions
The Treaty on the accommodation (on the transitional lease), the landlord undertakes to
provide temporary accommodation to over the agreed upon time or
time resulting from the purpose of the accommodation facilities for that purpose, and
client undertakes to pay the accommodation provider for accommodation and services
associated with accommodation within the period prescribed in the regulations, where appropriate, accommodation
the normal time limit.
§ 2327
(1) the Tenant has the right to use the space dedicated to accommodation, as well as
the common areas of the accommodation (accommodation area) and use the
services with accommodation.
(2) if requested by the tenant, the landlord will take him into custody
cash, jewelry or other valuables, except where these are the things
dangerous or value or scope for the accommodation out of proportion.
The landlord may require things to the custody of the passed in
closed or sealed.
section 2328
The landlord shall deliver over the accommodation space in a proper condition
for proper use, and ensure his undisturbed exercise of its rights associated with
accommodation.
§ 2329
Tenant uses the accommodation space and receives services with accommodation, the United
properly; without the consent of the proprietor shall not be carried out in the accommodation area
substantive changes.
section 2330
(1) the Tenant may terminate the contract before the expiry of the agreed period of time.
(2) if the proprietor proves that he could not prevent the damage, which was
early cancellation of accommodation on the part of resident, may request to
tenant damage, replaced.
§ 2331
The landlord may, before the expiry of the agreed period terminate the contract without
the period of notice, if the tenant violates despite the warning of his grossly
the obligations of the Treaty, or good manners.
Section 4
The leasing
Subsection 1
General provisions
§ 2332
Basic provisions
(1) Pachtovní agreement with the grantor undertakes to leave the sharecropping
the case for temporary use and enjoyment and the sharecropper is committed to pay for it
propachtovateli rent or provide a proportional part of the proceeds from the case.
(2) If a party, leaving the other party once the contract more things,
some of which are used to use and the other for consumption, the contract
According to the nature of the main things.
section 2333
If the rented thing entered in a public list, writes to the
the public list and pachtovní the right, if it shall propose to the owner of the things
or with his consent. This is true even in the case that it is in the public
the list of registered individual thing belonging to a rented mail
things.
section 2334
Propachtuje-propachtovanou thing else to sharecropper, which leases it to another
to use or change the destination to Economic Affairs, or the way it is
use or consumption without the prior consent of the propachtovatelova, the
the grantor to terminate the leasing without notice.
section 2335
(1) if the grantor on the leased things the measures to which it is
in accordance with the Treaty or from any other legal reason, shall be entitled to or shall,
replaces the sharecropping in reasonable range costs and loss of revenue that
farmers as a result of such action arose; ask if the sharecropper,
He shall provide the grantor reasonable advance. Pachtýřovo the right to the discount
from the erection charges, or on his pardon by prejudice is not.
(2) if the grantor will improve the propachtovanou thing to the extent that the sharecropper
When the proper management to achieve a higher return, you may
the grantor to claim a reasonable increase erection charges, etc.
section 2336
Sharecropper takes care of the propachtovanou thing as Treasurer.
section 2337
(1) if the grantor does not remove the defect that has the obligation to
delete, without undue delay, and if, therefore, the yield of the
rented half of the normal things under the yield, has the right to a sharecropper
discount from erection charges; Delete-if the defect itself, has the right to compensation
the costs incurred.
(2) If this is a defect that substantially impairs, or even
It prevents the enjoyment of leased stuff so that it can be at most
reach only a tiny yield, has the right to remission of the sharecropper
erection charges, or on the termination of tenancy without notice.
section 2338
If the leasing at least negotiated for three years, a party may call upon in times of
not less than six months before the expiry of the agreed period of the other party,
to disclose whether he intends to continue in farming, with the fact that by the second
party within three months of receipt of the request, subject to its approval of the leasing
of the period for which it was originally negotiated. otherwise the leasing in the end originally
the agreed time.
Section 2339
(1) the leasing agreed for an indefinite period, you can cancel in the six-month
the notice period to the end of the pachtovního the year ended. If it has been
the contract is concluded in writing, requires notice in writing.
(2) it is considered that, in the case of agricultural farming is the pachtovní year of the period from 1.
October to 30. September of the following year, in other pachtů as to the
the calendar year.
§ 2340
Back to the matter at the end of the sharecropper farming propachtovanou
propachtovateli, propachtovateli, like leasing, he insisted;
the fruits and benefits extracted leaseholder at that time are counted as benefits for
the whole year.
section 2341
If it is not provided for in the provisions of this section shall apply to something else
for the leasing provisions of the lease.
Inventory
section 2342
(1) Propachtuje if the thing together with inventory, preserves the sharecropper
individual pieces of inventory. They belong to the inventory of the animals, restores
sharecropper their status with the thrift.
(2) Destroy anything from inventory or wear out-to the extent that it
You cannot use the grantor recovers the inventory, unless the damage
added the sharecropping; This also applies in the case of defects of leased stuff.
section 2343
(1) Propachtuje if the thing together with inventory in the agreed price and
It undertakes to return at the end of the sharecropper farming propachtovateli
inventory at the same price, the sharecropper with inventory as Treasurer
freely dispose, carries the danger of damage, even if i happen to arise.
Sharecropper maintains inventory and replaces it with due managerial diligence; If
case registered in the inventory, the grantor's right of ownership to it.
(2) if the leasing, returns the sharecropper inventory propachtovateli.
The grantor may refuse to take a piece of the inventory obstaraný
If the leaseholder has since leased things and for the proper
the management of her unfair price or if it's for the propachtovanou thing
redundant; rejection takes ownership of the odmítnutému piece
sharecropper.
(3) if it is between the price received and returned inventory difference,
in the money.
section 2344
For claims against the propachtovateli of a sharecropper is binding on matters
due to inventory the lien. If, however, the grantor
Another certainty for farmers, the lien in the amount of the security shall not apply.
Subsection 2
The agricultural leasing
section 2345
Basic provisions
(1) if the propachtován agricultural or forest land, is negotiated
the agricultural leasing.
(2) if the leasing negotiated for more than two years, and if the contract is not
concluded in writing, it shall be deemed that the leasing was negotiated for a period
an indefinite period.
§ 2346
The rent is payable annually and is due to 1. the October.
section 2347
Pacht agreed for an indefinite period, you can cancel in a 12-month
Notice the time.
§ 2348
(1) if it becomes ineligible for health reasons sharecropper on land
manage, has the right to terminate the leasing in the three-month notice period, and
When the leasing was negotiated for a fixed period.
(2) die sharecropper, has the right to terminate the leasing pachtýřův heir in
the three-month notice period, even though he was leasing negotiated for a fixed period;
notice of termination must be made within six months from the date when the sharecropper had died.
Subsection 3
The leasing of the race
section 2349
(1) if the propachtován race, it also enjoys the sharecropper uses in the manner and in the
to the extent that is necessary to the proper operation of the plant. The subject of the
activities carried on by the race may change, just a sharecropper was
expressly agreed.
(2) the leasing of the race is considered a transfer of activities the employer.
section 2350
(1) If a sharecropper entered in a public register, takes the right to race
the publication of the data, that saved the document on farming of the plant in a collection of documents
According to another piece of legislation.
(2) unless it is entered in the public register of the sharecropper, the right to
plant efficiency of the Treaty.
(3) the provisions of paragraphs 1 and 2 are without prejudice to the obligations of the write rights
things under other legislation.
section 2351
It shall be prohibited to transfer the rights to a sharecropper from industrial or other
intellectual property, for which it excludes the Treaty, which was the right to
industrial or other intellectual property propachtovateli
granted, or excludes where the nature of such rights.
§ 2352
(1) Propachtováním race becomes a creditor claims and the sharecropper
borrower debt, which is associated with the operation of the plant; out of debt, however, the sharecropper
takes only those about whose existence he knew, or at least reasonably had to
assume. If the creditor has not given his consent to the assumption of debt, the leaseholder
the grantor is liable for its fulfilment. The acquisition of the claims is the leaseholder
otherwise be governed by the provisions relating to the assignment of the receivables.
(2) the grantor shall, without undue delay, its creditors and
borrowers whose debts and the debts of the sharecropper pachtem race took that
race propachtoval.
section 2353
(1) if the parties Raise about handing the race registration, an enumeration of all
propachtovaný race includes and what farmers passes, as well as what
missing, though it is otherwise provided for in the Treaty or in accordance with the accounting records of the race
combine. The grantor of a sharecropper in the latest enrollment alerts
defects of the subject of leasing, which he knows, or should know and could.
(2) unless in writing the thing belonging to the race, takes to her sharecropper
požívací the right, together with the požívacím the right to race. Unless, in the
the registration of debt, it shall have to sharecropper-if its existence at least
reasonably be expected.
section 2354
Worse, if pachtem has the claim, the creditor has propachtovatele,
with pachtem, the right to sue, the Court held that
the leasing is ineffective against him. The right call with the ineffectiveness of the lapse,
does not apply if the creditor is within one month of the date when the tenancy
learned, but not later than three months from the effective date of the contract.
section 2355
(1) on the date of demise of the lease is transferred to the propachtovatele claims and debts,
that the race belongs; out of debt, however, the grantor shall take only those
whose existence he knew, or at least had reasonably assumed.
If the creditor has not given his consent to the assumption of debt, guaranteed by propachtovatelem
sharecropper for its fulfilment. The acquisition of receivables propachtovatelem otherwise
governed by the provisions on the assignment of receivables.
(2) notify its creditors Sharecropper and borrowers, whose claims and
the debts of the sharecropper pachtem race became, without undue delay, that the leasing
has lapsed.
section 2356
If the parties do not reveal that the creation or termination of tenancy was the third person I know
previously, these facts against it are effective from the date when the notification was
about the formation or dissolution of tenancy published.
section 2357
The provisions of this subsection shall apply mutatis mutandis to the leasing of plant
forming a separate organizational folder.
Section 5 of the
License
Subsection 1
General provisions
§ 2358
Basic provisions
(1) the license agreement gives the licensee permission to provider
enforcement of intellectual property rights (license) in that restricted or
unlimited range and the Licensee undertakes, if it is not agreed otherwise,
give the provider a reward.
(2) the Treaty requires the written form,
and if) provides the exclusive licence, or
(b)) the license has to be registered in the appropriate public list.
(3) the Licence to the subject of industrial property rights registered in the public
the list is effective against third parties by registration in this list.
section 2359
(1) the licensee is not required to use the license, unless the duration of the rights depends
on his performance.
(2) the provider maintains the right for the duration of the license, if required
his nature.
§ 2360
Exclusive or non-exclusive licenses
(1) if the exclusive licensee agreed, the provider has the right to provide
the same licence to a third person for what the exclusive licensee. If it is not
expressly negotiated to the contrary, i shall refrain from exercising the right provider to which
granted the exclusive license.
(2) where a service provider for the duration of the exclusive licensee without licensee
the consent granted in written form of the licence to a third person, license
does not arise. However, if the non-exclusive licenses granted before the
the exclusive licensee, remains preserved.
section 2361
If the agreed non-exclusive licenses, the provider is entitled to performance
the law, which granted the non-exclusive license, as well as to grant a licence
the third person.
section 2362
Unless specifically negotiated exclusive licenses, this is the
non-exclusive license.
§ 2363
Sublicense
The licensee may provide permission forming part of a licence to a third person
whole or in part, only if it has been agreed in the license contract.
section 2364
(1) the licensee may assign the license to a third party in whole or in part only
with the consent of the provider. Agreement requires the written form.
(2) the licensee shall notify the provider without undue delay, that the licence of the
Advanced, as well as the person of the assignee.
section 2365
He was transferred to the plant or its part which form its independent
folder, the consent of the provider to convert a license is required, just
It was agreed to separately.
section 2366
Reward
(1) if there is no agreed amount of remuneration or the method of determining the contract is
still valid if the
from the meeting of the parties) on the conclusion of the Treaty follows their will to conclude
pecuniary interest and without specifying the amount of remuneration; in such a case the purchaser
the provider will pay the reward of which is usual at the time of the conclusion of the
the Treaty under similar terms and conditions and for such a right, or
(b) the parties in the contract ujednají) that the license provides free of charge.
(2) where the amount of remuneration agreed depending on revenue from the use of
the license allows the purchaser provider check the relevant accounting
records or other documentation to determine the actual amount of the remuneration.
If the transferee shall provide the following information to the designated provider
the purchaser as confidential, it shall not disclose to a third party provider is
or use them for your needs in conflict with the purpose for which it
provided.
(3) the licensee shall submit to the provider of the periodic statement of remuneration referred to in
paragraph 2 of the agreed time periods; If not stated otherwise, is
obliged to do so at least once a year.
section 2367
A provider shall provide the transferee without undue delay after the conclusion of the
the Treaty all the documents and information necessary for the performance of the licence.
section 2368
(1) a third party acquirer of concealing evidence and before the communication, which
He received from the provider, unless the contract or the nature of the supporting documents and
the communication shows that the provider does not have to their concealment of interest. For
the third person is not an employee or one who is on business
the entrepreneurs involved, if an entrepreneur was obliged to confidentiality.
(2) the transferee of the licence after the demise of the supporting documents provided returns; the communication from the
concealing up to the time when they become generally known.
section 2369
If there is a threat to or breach of the nabyvatelovy license, inform about
purchaser provider without undue delay, as soon as it becomes aware of.
The licensee shall provide the assistance provider to the legal protection of its
licence.
section 2370
Notice of termination
If the contract is concluded for an indefinite period, the testimony of the effectiveness of
on the expiry of one year from the end of the calendar month in which the notice of termination
She reached the other side.
Subsection 2
Special provisions for the license to the copyright-protected items
§ 2371
Basic provisions
The Treaty, the author provides the licensee permission to exercise the rights of the copyright
work in original or processed or otherwise altered, and it
in a certain way or use all ways, restricted or
unlimited.
§ 2372
(1) the author may grant permission to the exercise of the right to enjoy the work of authorship
the only way, which is known at the time of conclusion of the contract; to the opposite
the arrangement shall be disregarded.
(2) a license to use copyright works is required to take advantage of the purchaser, unless the
It is agreed otherwise.
§ 2373
(1) on the filing of the proposal on conclusion of the contract when the speech is directed
the will even to unspecified number of people. The content of the contract or its part can be
also specify a link to the license terms, which are known to the parties or
publicly available.
(2) with regard to the content of the proposal, or practice between the parties, which
introduce or practice can the person who intends to accept the proposal,
agree with the proposal on conclusion of the contract by doing a
Act without notice to the appellant, in particular by providing or accepting
the performance. In this case, adoption of the proposal is effective at the time when it was
This Act made.
(3) if the proposal addressed to some categories of persons that can be
take notice to the petitioner in accordance with paragraph 2, the deadline
to accept the proposal, during this period cannot be appealed.
§ 2374
(1) if there is no reward for the granting of the licence, depending on the agreed
revenue from the use of the license, and if it is so low, that is clearly disproportionate
to profit from the use of the licence and of the importance of the subject of the licence for the achievement of the
such a gain, the author has the right to an appropriate additional remuneration; This
the law cannot give up.
(2) the amount of additional remuneration shall designate the Court, which shall take into account, in particular, to the amount of
the original rewards achieved profit from the use of the licence, the importance of the work for
such profit and to the usual level of remuneration in comparable cases, if
is set depending on revenues; This does not preclude the out-of-court
the agreement of the parties on the amount of additional remuneration.
section 2375
Restrictions on the licensee
(1) the designation of the author, the transferee may modify or otherwise change, only if the
It's a deal.
(2) the licensee may modify the work or its name, or otherwise changed, just the
It was agreed, unless such modification or other change,
that can be fairly expected, would the author in the circumstances of
use consented; even in this case, however, the licensee may not work or his
the name of the edit or otherwise modify, establishes the author's permission and if
the transferee of such a reservation known.
(3) paragraph 2 shall apply mutatis mutandis in connection with another work of art, or
When the inclusion of works in collections in the works.
§ 2376
(1) a Licence may be limited to particular methods of use of the work; ways
use of a work may be limited in scope, in particular as to quantity, places
or the time.
(2) it shall be deemed that the license has been granted to such methods of use and
to an extent, as it is necessary to achieve the purpose of the Treaty.
(3) unless the purpose of the contract, otherwise it shall be deemed that the
and the territorial scope of the licence) is limited to the territory of the Czech Republic,
(b)) the time range of the licence is limited to the usual time for a given kind of works
and how to use, but not for longer than one year after the granting of the
license, and the work is to be delivered to the granting of the licence, and
such a commitment, and
(c)) the quantitative scope of the licence is limited to the amount, which is usual for
given the nature of the work and how to use it.
(4) a Licence for the reproduction of works includes permission to acquisition
copies of both direct and indirect, permanent and temporary, in whole or in
in part, by any means and in any form.
(5) a Licence for the reproduction of works includes the license to the expansion as follows
made copies.
§ 2377
Copy for the author
If it's on the licensee to the reproduction of copyright works
reasonably be required and if it is normal, the licensee shall provide to the author
the cost of at least one copy of the author's copyright works from the
copies of it are taken on the basis of the relevant licence.
Withdraw from the contract for the inaction of the transferee
§ 2378
(1) if the licensee does not use the exclusive licence at all or if it
and if they are greatly adversely prejudice the legitimate interests
the author, the author may withdraw from the contract. This does not apply in the event that the
non-use or insufficient use of the licence is due to circumstances
mostly based on the author's side.
(2) the author may, for the reasons referred to in paragraph 1, withdraw from the contract
only then, when invited by the assignee within a reasonable time from the delivery
challenges of the licence and the licensee used enough, enough permissions
does not use, nor through this challenge. On the possibility of a withdrawal as a result of
fruitless expiry of a reasonable period in a challenge, the author of the transferee must
alert. The call is not necessary, if the use of the privilege by the acquirer
It is not possible or if the licensee declares that the license does not use.
§ 2379
(1) the author the right to withdraw from the contract for failure to act
the transferee may apply before the expiry of two years from the grant of the licence,
where appropriate, from the submission of copyright works, was delivered to the transferee
After the granting of a licence; in the case of contributions to periodicals with daily
periodicity of this period shall be three months and for other recurring
print one year.
(2) Requires the licensee to challenge to a license within a reasonable time
enough cannot be used before expiry of the time limits referred to in paragraph 1
do such a challenge.
§ 2380
If there are reasons for this worthy of special attention, will replace the author
damage to the licensee, which was termination of the contract. While
taking into account, in particular, the reasons for which the transferee of the licence a sufficiently
they did not use.
§ 2381
(1) Not to use the licenses at all, returns the author of a reward, the licensee
you received from him, on the basis of the Treaty, from which she resigned; If there is
to use the license, the author returns only the reward of
part of that with regard to the ratio between the subsidized and among the ujednaným or
the law provided for the use of the license scoped falls on the effected
the use of.
(2) if the licensee was obliged to use the license, and if this
the obligation remains the right of the author to remuneration for the withdrawal from the contract
inaction of the transferee. If the agreed remuneration, depending on the
revenue from the copyright, it is considered that the author was
the right to remuneration in the amount of what he was, if the transferee at the time
before the withdrawal from the contract license sufficiently utilized.
§ 2382
Withdrawal from the Treaty, to change the beliefs of the author
(1) the author may withdraw from the contract if it does not match if the copyright
the work, which has not yet been published, his beliefs and the publication of the
copyright works would be significantly adversely affected its legitimate personal
interests.
(2) the author of the damage that the licensee will replace his withdrawal from the contract
in accordance with paragraph 1. The effects of withdrawal arise by replacing the damage
or the provision of sufficient security.
(3) if the author of after the withdrawal from the contract pursuant to paragraph 1 of the renewed
interest in the copyright, license, preferably to the transferee for the
conditions comparable with the conditions initially stipulated.
(4) the provisions of § 2381 paragraph. 2 shall apply mutatis mutandis.
section 2383
Termination of licence
The death of a natural person, or the dissolution of a legal person which has been granted
licence, the rights and obligations of the license agreement on its
legal successor. License agreement, such rights and
the obligation on the successor to exclude.
Subsection 3
Special provisions for the publishing license agreement
§ 2384
Basic provisions
(1) the publishing license agreement provides the author of license the licensee
to the reproduction and dissemination of copyright works of verbal, musical
the dramatic or musical, artistic, photographic or
expressed in a manner similar to the photo, unless the use of the copyright
works in execution of the performers.
(2) if the contract has not been concluded in writing expressly agreed
non-exclusive licenses, staring at the license as the sole; This does not apply,
with respect to the reproduction and dissemination of copyright works in the periodic
the publication.
§ 2385
(1) the licensee shall provide to the author prior to the release of copyright works adequate
the deadline for the implementation of small creative changes his work, which called on the
side of the transferee need disproportionate cost and which will
does not change the nature of the work (the author's correction).
(2) if the purchaser does not allow the author to perform the author proofreading, you may
the author to withdraw from the contract, if, as a result of the use of the
copyright works in the manner of decreasing its value.
§ 2386
If the quantitative scope of license limited to a certain number of copies of and
These reproductions were dismembered before the expiry of the period for which it was
licence is granted, the licence shall expire, unless otherwise agreed by the parties on the increase
the quantitative extent within six months from the date when the author of the acquirer to
such a change the prompts of the Treaty.
Subsection 4
Special provisions for rights related to copyright and
the right of the maker of the database
§ 2387
For artistic performances section 2383 2371 to apply mutatis mutandis; performer
However, it does not have the right provided for in § 2377.
§ 2388
For the audio records, video records and Visual radio or
television broadcast section 2371 to 2376 and section 2383 shall apply mutatis mutandis; the manufacturer of the
an audio recording, or video recording sound or radio or
television broadcaster, however, do not have the right provided for in § 2374.
section 2389
For databases that are the subject of specific rights of the maker
the database shall apply section 2371 to 2376 and section 2383 mutatis mutandis; the maker of the
However, the database does not have the right provided for in § 2374.
Section 6
Loaner
§ 2390
Basic provisions
Leave a zapůjčitel vydlužiteli fungible thing so that it enjoyed
at and after the time he returned the same kind of thing, a contract for the
loaner.
section 2391
(1) If a financial lease return in a currency other than that in which the
given the, vydlužitel the lease so as to what returns, the value of the
equivalent to what was given. The lease is paid in the currency of the place of performance.
(2) When non-cash loan returns the same kind of thing, what was the
the loaner; It doesn't matter whether its price, meanwhile, increased or
decreased.
§ 2392
(1) when the cash loan can make interest. The same applies to borrow
provided in the securities.
(2) When non-cash loan can make a place of interest implementation of the reasonable
the larger the quantity or quality of things better, but of the same species.
§ 2393
(1) if the contract does not specify when the lease is to be returned, is the maturity of the
dependent on the termination of the contract. If the testimony is not agreed anything,
the period of notice is six weeks.
(2) if they are not signed by the interest, may vydlužitel the lease to pay off even without the
the testimony.
section 2394
If it has been agreed the loaner in instalments, may zapůjčitel from the
contract and require fulfilment of the debt, with interest for late payment
vydlužitele with the return of more than two instalments or in one installment after the time
more than three months.
Section 7
Loan
section 2395
Basic provisions
The credit agreement with the lending pledges to provide its úvěrovanému
request and for the benefit of the funds to a certain amount, and
úvěrovaný undertakes to return the funds provided and pay
interest.
section 2396
Úvěrovaný returns úvěrujícímu, the funds in the currency in which they were
provided. In the same currency and the interest paid.
section 2397
Úvěrovaný may exercise the right to grant money within the time specified in the
the Treaty. If the period is not agreed, the right to apply, as long as the commitment of the
the contract lasts.
section 2398
(1) the lending will provide úvěrovanému cash at his request in the
the time specified in the request; unless the úvěrovaný for filling in the application,
provide is the lending without undue delay.
(2) if the contract Binds the use the credit only on the purpose, the lending
restrict the granting of money only to the fulfilment of the obligations úvěrovaného
arising in connection with this purpose.
section 2399
(1) Úvěrovaný returns the úvěrujícímu provided by the funds in the
the agreed time, or within a month of the date when he was asked about the return.
(2) Úvěrovaný may return úvěrujícímu cash before the agreed-upon
the times. Pay only the interest for the period from the granting of the refund
resources.
section 2400
They are to be used in accordance with the contract funds only on the
purpose and úvěrovaný is used for a different purpose, the lending from the contract
withdraw and request that úvěrovaný returned without undue delay, what
from him he received, with interest. This is true even if, if it is using the money to
the purpose of obligations impossible.
Part 3
The employment relationship
§ 2401
(1) the employment relationship, as well as the rights and obligations of the employee and
the employer of the employment of another law. The same is true in the
the range specified by the Act on other contracts dependent on the performance of the work
the founding between the employee and the employer a similar undertaking.
(2) The rights and obligations of employees and employers shall not apply
the provisions of this law on the protection of the consumer.
Part 4
The obligations of schovacích contracts
Section 1
Storage
Subsection 1
General provisions
section 2402
Basic provisions
The custody agreement with the schovatel undertakes to take over the case to her for
custodian kept. In the contract you can make that schovatel may
surrender to the custody of other depositors.
section 2403
(1) the Schovatel has taken the matter as it was agreed otherwise so
carefully, as it corresponds to the nature of the case and its ability to take on things
the damage suffered, and after the expiry of the period of custody case by custodians returns together
with her there.
(2) if requested by a custodian, it returns the schovatel thing to him before the expiry of
the agreed period of custody. Itself but does not have the right to return a thing previously, unless it
not for unforeseeable circumstance safely or without damage
cherish.
section 2404
If it is not obvious from the circumstances, how long should be the thing in the custody of, the
a custodian at any time to request referral back and schovatel, may, at any time
return.
Section 2405
If schovatel is used, apply a thing for each other, allowing the use of other things
or give it to another without permission or without a custodian
necessary needs, replacing the depositary to any damage, and even random.
This shall not apply where the schovatel that would be a shame hit thing.
section 2406
(1) the custodian shall replace the depositors of the necessary costs for the case when
its the care expended; replacement costs other depositors,
unless otherwise agreed, such as the nepřikázanému of the company.
(2) remuneration for custody belongs to the depositors only, if this was agreed
or if it's from the practice of the previous contact parties or from
the subject of activity of the schovatele.
section 2407
Does not apply if the custodian the right to compensation for damages or to apply
schovatel the right to the payment of remuneration or expenses within three months from the
referral back to the Court the right to admit to the other party objected late
the application of.
section 2408
The provisions on the custody and shall apply mutatis mutandis to the cases where someone has
under the Treaty or under other provisions of the Act to cherish the thing for
another.
Subsection 2
Safekeeping of securities
§ 2409
(1) Schovatel holding securities in custody separately from its own securities
securities or securities of other custodians; This does not apply, if it is
about public storage or if it has been agreed with the depository.
(2) Schovatel keeps records on the instrument stored for safekeeping, which
the content is also the identification of the custodian and the place of deposit for a security.
§ 2410
Bulk storage
When bulk storing valuable paper deposited together with the securities
separately from other custodians of securities schovatele. Valuable
papers in bulk the custody belongs to all uschovatelům together, but each
the custodian may exercise its rights against the depositors individually,
in particular, the right to return the same security paper, what u schovatele
took care of everything.
section 2411
(1) the market share of each of the custodians shall be determined by the ratio of the sum of the nominal
the values of the securities put into custody, to the sum of the nominal
the values of all of the securities in the same mail custody; If the valuable
the paper of the nominal value, the share of the custodian in accordance with the number of pieces
securities.
(2) for the transfer of a share shall apply mutatis mutandis the provisions on joint ownership;
other provisions on joint ownership to securities in bulk
custody shall not apply.
§ 2412
(1) a security taken into custody may schovatel pass into custody
other depositors (secondary storage); the rights and obligations of the
are not affected.
(2) in the case of a bulk storage immobilized securities is governed by the
the rules of keeping separate registers of investment instruments
According to the law governing business on the capital market; to the creation of
secondary deposit is not required to transfer securities secondary
depositors.
Immobilization of securities
section 2413
(1) to retain the securities to the issuer, the bulk of their safekeeping is
a valuable paper issued on the day on which the issuer of the instrument passes the depositors in
benefit of its owner as the first licensee (imobilizovaný valuable
the paper). Passes-if the paper, or paper
on the series, does not mention the quote when you pass the name of the
the owner of the securities.
(2) the owner of the uschovaného securities has the right to demand that he was
a valuable paper issued only under the conditions laid down in the conditions of issue
of the securities. Schovatel before the release of securities from escrow will complement
to quote the name, or the name of the owner of the series.
(3) Schovatelem immobilized securities may be the only person
entitled to keep separate registers of investment instruments according to the law
governing the business on the capital market; secondary schovatelem can
be the only person authorized to record the follow-up to a separate
registration of investment instruments according to the law governing business
the capital market.
section 2414
The securities in the custody in cases where you cannot demand the
individual securities, shall apply mutatis mutandis the provisions of other
the Act on book-entry securities.
Section 2
Storage
section 2415
Basic provisions
(1) the agreement for the storage of the Storer undertakes to take the thing to
It has saved and nursed, and the depositor undertakes to pay him for it
storage charges.
(2) if the custody stuff business itself has for the
that the parties have concluded a contract of storage.
section 2416
Passes-if the depositor, the storekeeper thing thing informed takes on and its
takeover of ukladateli in written form.
section 2417
(1) confirmation of the acceptance of the item can be replaced with skladištním.
Storage worksheet is a valuable paper, with which it is associated the right to require
the release of stored things; It can be issued to the name on the series, or
bearer.
(2) Storage sheet contains at least
and the name of the stockholder and his) residence or registered office,
(b) the name of the users and its) residence or registered office,
(c) the designation, quantity,) the weight or volume of the stored goods,
(d)) form of skladištního sheet; If it was issued in the name or on the series, and
the designation of the person in whose name or series was issued,
(e)) the indication of the place where the thing is stored, and
(f) the place and date of issue) skladištního sheet and skladovatelův signature.
(3) if the person's name, storage sheet on which the series is issued,
It is considered the series individually.
section 2418
If the third person is entitled to require the release of stored things on the basis of the
skladištního sheet, informed, on request, shall confirm acceptance of the item on the
skladištním worksheet. Pay storage charges shall not, but if it is not paid, the
the Storer may not issue the goods, if the withholding right to the goods
stored in the warehouse.
section 2419
Obligation shall be extinguished if the thing will not be passed to the entry of informed
the agreed time, or within six months of conclusion of the contract.
section 2420
The storekeeper thing saves stored separately from other goods, with the
indication that this is about things individually. Depositor has the right to
check the status of the storage of things and take samples of it.
section 2421
The storekeeper thing, if this was agreed, or if it
usages.
section 2422
(1) if storage longer than six months, half a year to store
behind.
(2) storage charges for incomplete half and storage charges for shorter storage period
to apply when picking up things in storage.
(3) after the extinction of the obligation from the Treaty has the right to store for the storekeeper
period of time, after which the case was saved for him because her storage in time
He didn't.
section 2423
To store, cover all the costs associated with storage in addition to the cost of
the insurance. To pay the cost of insurance has the right-was Storer to
obliged to give the thing to insure.
section 2424
(1) If a storage deal for an indefinite period, the storekeeper
to require the release of things at any time with this pay storage charges for real
the duration of storage. Collecting things storage.
(2) the Storer can storage agreed for an indefinite period to terminate;
the period of notice shall be one month and starts to run on the first day of the month
following the delivery of the notice.
§ 2425
Even if the agreed storage for a certain period, the depositor case
pick up even before the expiry of the agreed period, but before the
pay storage charges attributable to all the agreed upon time. Before the expiry of the
the agreed time, the depositor may ask again about the takeover of the stuff to storage
by the end of this period, if the Storer, the costs associated with it.
section 2426
(1) the Storer shall replace the ukladateli damage from taking things into
its issuance, unless she was unable to avert.
(2) the Storer shall stipulate that the damage caused by the depositor or the owner of the
things, or defect, or the natural nature of stored things. Damage
caused by faulty packaging, the storekeeper, he replaces the defect when expending
professional care and attention to her in the certificate referred to in section 2416.
(3) if the damage of the causes referred to in paragraph 2, shall make
the storekeeper expert care, that the damage was minimum.
section 2427
The Storer may terminate storage without a period of notice,
and if the depositor) hid the dangerous nature of the case and the risk of it
informed much shame
(b) if the depositor owes) storage charges for a period of at least three months, or
(c)) is the emergence of substantial damage to stored things that the storekeeper
cannot turn away.
section 2428
Svépomocný sale
If the depositor does not matter after the end of the period for which it is the storekeeper
required to store the thing, can determine the appropriate storekeeper ukladateli
the deadline to pick up things. Notifies him that otherwise the thing will sell,
can the storekeeper thing after expiry of the period to sell to the customers account
in an appropriate manner; the proceeds of the ukladateli issue, without undue delay, it may
However, subtract the space saving and efficiently incurred costs associated with the sale.
section 2429
Storer has stored things until he located, withholding
the right to ensure the debt arising from the contract.
Part 5
Příkazního the type of contracts
Section 1
Command
section 2430
Basic provisions
Agency agreement with příkazník undertakes to procure a matter of principal.
§ 2431
Handles certain matters to someone as a an entrepreneur, has an obligation,
If the provision of such Affairs asked to put the other side without
undue delay explicitly clear the procurement matters
taking or not; otherwise replace the damage caused.
section 2432
(1) the Příkazník performs the command honestly and carefully according to their abilities;
While each resource applies, which requires that the nature of the obstarávané
Affairs, as well as such, which coincides with the will of the payer. From
příkazcových instructions příkazník may derogate, provided that this is necessary in
the originator's interest and if he cannot obtain his consent in a timely manner.
(2) the Příkazník, leaving the principal all the benefits of obstarané Affairs.
§ 2433
If příkazník from the originator instructs the apparently incorrect, notifies it to the
it and meet such instruction only when the originator takes on it.
§ 2434
Příkazník performs a command personally. Entrust to another command,
corresponds to, as would command himself; However, if the principal allowed it to
ordained an alternate, or if this was necessary, it replaces the damage
caused by the wrong choice of surrogate.
section 2435
Příkazník principal shall at his request, reports on the implementation of the command
and converts it to the payer benefit from executing command; After the implementation of the
command to submit the Bill to the originator.
§ 2436
At the request of the Orderer lodges příkazníkovi an advance to cover the cash expenses and
replaces the cost effectively incurred by him in the execution of the command, even if
the result did not attend.
§ 2437
(1) the originator will replace příkazníkovi and the damage, which was established in
connection with the implementation of the command.
(2) Pledged to execute the command příkazník, free of charge, will replace him
principal damage that příkazník suffered in the execution of the command.
Příkazníkovi, however, do not belong to more than he would be as usual belonged
the reward, which was agreed.
§ 2438
(1) the Principal shall provide the příkazníkovi reward has been reached or if the
the usual, in particular due to the příkazcovu of business.
(2) the Principal shall provide the reward, even if the result is not fulfilled, unless it has been
the failure is due to the fact that příkazník violated their obligations. This also applies in the
the case that the fulfilment of the statement undermined the chance that příkazník did not give
the initiative.
section 2439
If required, procurement issues, to příkazník for sending a legally
acted, the payer příkazníkovi in time for full power. If there is no proxy
in the agreement, it does not replace the agreed acceptance obligations
payer Act on behalf of the příkazníka; This also applies in the case of the third
the person you příkazník legally is, of that obligation.
section 2440
(1) the Příkazník command may terminate as soon as possible to the end of the month
following the month in which the notice was served.
(2) Denounced the příkazník command before obtaining a matter which was
specially commissioned, or with which he began buying in accordance with the General
credentials, will replace the damage from that as yet based in accordance with the General provisions.
§ 2441
The commitment of the command originator's death and death shall expire příkazníka. This also applies
then, if the legal person expires, without legal successor.
§ 2442
When the demise of the command reference, notice to, or the death of the arrange příkazník
all that urgent, until the principal or his or her legal successor
not reflected the will of the other.
section 2443
The payer may revoke the command as you wish, however, replaces příkazníkovi
costs, which until then had, and damage, if it has suffered, as well as part of the
reasonable remuneration incurred by strain příkazníka.
§ 2444
The provisions of the order shall apply mutatis mutandis to the cases where someone has
under the Treaty or under other provisions of law to arrange
the matter on behalf of another.
Section 2
Mediation
§ 2445
Basic provisions
(1) the contract of mediation with the provider undertakes that leads
conclusion of a contract with a third party, and lead to
the provider agrees to pay a Commission.
(2) if at the conclusion of the contract, which one party undertakes to
available to the other party the opportunity to conclude a contract with a third party,
circumstances, obviously, that will be required for obtaining a reward, it is considered that,
that contract was signed at the mediation.
§ 2446
(1) a provider shall communicate, without undue delay, all the candidates, what has
the importance for its decisions on the conclusion of the agency work contract.
(2) the Candidate shall notify the provider of everything for him has a decisive importance
for the conclusion of this contract.
§ 2447
(1) the Commission shall become due on the date of the conclusion of the intermediate of the Treaty; If it has been
This contract with the swap condition, the commissions payable to
the fulfilment of the conditions.
(2) if it has been agreed that the provider for those interested in purchasing
the opportunity to enter into with a third party contract with specific content, it is
commissions payable already buying opportunities.
§ 2448
If it has been agreed that the provider creates the right to Commission, to
a third person has met the obligation of contracts, shall pay the lead intermediate
a Commission even if the delay, or cancel out to meet this
obligations for reasons for which the lead matches. It is to be the amount of the commissions
determined by the extent of the implementation of the third party conventions, into the base and the performance of
the reasons for the decision, which corresponds to the lead.
§ 2449
The provider has the right to compensation for the costs associated with
mediation, if not negotiated commissions. If the commissions
agreed, it shall be deemed that the Commission includes such costs.
section 2450
The provider has the right to a Commission and on the reimbursement of costs, if in
conformity is also active for the other hand facilitated by
of the Treaty.
§ 2451
The provider shall retain the documents for those acquired in connection with
intermediary activities for a period, after which they may be relevant for the
the protection of the interests of the candidate.
section 2452
The provider shall not propose the conclusion of a contract with a person leads,
that has a reasonable doubt as to whether the obligations of the Treaty, mediated by the
properly and in a timely manner, or that due to the circumstances such
doubts have had. If requested, it shall communicate to him the lead provider
the information needed to assess the credibility of the person, with the conclusion of the
the Treaty proposes.
section 2453
The obligation shall cease, if the contract is concluded in the agreed zprostředkovávaná
the time. If the time is not reached, either party may cancel the commitment
notice to the other party.
section 2454
The right of the provider to the Commission is not prejudicial, if the contract, to which the
related activities the provider closed or met up after
the demise of the commitment of the brokerage contract.
Section 3
The Commission
§ 2455
Basic provisions
Agency agreement with the Commissioner undertakes to procure for the principal
on his own account on behalf of a matter, and the principal is committed to
pay him a reward.
§ 2456
Of legal negotiations by the komisionářem against the third party is not the
rights or obligations of the komitentovi, but the Commissioner himself.
section 2457
From the instructions of the principal may be the Commissioner, if it is in the interest of
and the principal is unable to request a timely agreement; otherwise, the principal
may not recognize negotiations made on your account, the refusal of the effects of
negotiations for themselves without undue delay, then, what about the content of the negotiations
learned.
§ 2458
If the Commissioner will handle the matter under more favourable conditions, principal
than what he has designated, belongs to the principal benefit of just komitentovi.
§ 2459
(1) if the Commissioner is the thing Sold at a lower price than what is determined by the principal,
He replaces the difference in price. This does not apply if it is shown that the sales for the specified
the price could not be executed and that selling stuff away damage komitentovi
the looming.
(2) if the Commissioner thing Bought at a higher price than that determined by the principal,
may refuse to purchase, as the principal should not become on his account,
If the Commissioner together with the submission of the reports of the purchase of the committed
to pay the difference in price. If the principal does not refuse to purchase without undue
delay after receipt of the report about the purchase, approved it.
section 2460
(1) the Commissioner protects the interests of the komitentovy, that he knows, and inform him of any
circumstances that may have an impact on the change of the komitentova command.
(2) the Commissioner shall advise the principal about the performance of his command. After obtaining
Affairs performs the billing, the komitentovi rights acquired in
connection with obtaining the matter and shall give him all what it has earned.
§ 2461
Unless the Commissioner in a report on the implementation of the statement of the person, with which the
account of the principal contract, may exercise their rights against the principal
itself as zavázanému agents from this contract.
section 2462
If the Commissioner is obliged to fulfill the contract alone shall apply to
the fulfilment of the contract to another person.
§ 2463
If the Commissioner concerning the principal command of the person, which should be
the contract concluded, shall be liable for the fulfilment of the obligations of the person with whom the contract
He concluded.
section 2464
(1) the Commissioner committed to sell the thing remains the property of the principal,
until such time, the third party's right of ownership.
(2) the claim of the Treaty, which the Commissioner for closed, principal
in relation to the Commissioner or his principal lenders seen as
komitentovu claim.
§ 2465
(1) After the time when the Commissioner for things taken from the principal or
for the principal, has obligations as a storekeeper. If there is damage
or, if the principal fails to things to deal with, although he was obliged to do so, may
Commissioner thing to sell pursuant to section 2428.
(2) the Commissioner has, until he is located or until it can
otherwise, withholding the right to ensure the debt arising from the
of the Treaty.
section 2466
If the third person the obligation of the contract, which with her Commissioner
He concluded, on behalf of the Commissioner under this principal requirement.
The right, which it is responsible, the Commissioner may refer komitentovi,
If the principal agrees.
§ 2467
The principal may require a third party implementation, which for him
Commissioner, if the Commissioner of the causes on their side with it myself
arrange to meet a third person komitentovi.
section 2468
If the amount of the remuneration agreed, belongs to the Commissioner the remuneration appropriate to the
the activities undertaken and results achieved.
§ 2469
(1) together with the reward, if they are not already included in it, replace the principal
the Commissioner the cost that the provision in its affairs efficiently
, and drops the duties which the Commissioner in the performance of the contract
took over.
(2) it shall be deemed that the costs referred to in paragraph 1 shall be included in the remuneration.
section 2470
The consignor has the right to appeal the order only until the obligation arises
the agent against the third party.
Section 4
Forwarding
§ 2471
Basic provisions
(1) an express mail contract with the freight forwarder undertakes to procure for him the originator
on its own behalf and on behalf of the transport of cargo from one place to
other specific locations, or even to procure or perform operations with
transport related, and the principal undertakes to pay the consignors
the reward.
(2) if agreed, the freight forwarder shall obtain from the recipient to the originator
the consignment receipt of funds or the other recovery
the Act before the recipient issues a consignment or a document allowing the
dispose of the consignment, shall apply mutatis mutandis to the provisions of the documentary
direct debit.
section 2472
If the contract is not concluded in writing, the freight forwarder has the right to request that
He delivered the command to obtain the sending (forwarding command).
§ 2473
Freight forwarder can use to procure further transport the transporter
(mezizasílatele).
section 2474
If this is not contrary to the Treaty or disabled if the payer no later than
the beginning of the implementation of the transport, the freight forwarder can perform the carriage himself,
you want to obtain.
§ 2475
The method and conditions for the transport of freight forwarder ujedná with the necessary care
so, to best suit the interests of the principal, the freight forwarder that he knows.
Obligation to insure the consignment, the freight forwarder, has only been agreed to it.
section 2476
If the payer does not provide the correct information on the consignors of the consignment, and
all the facts necessary for the conclusion of the contract of carriage, replace
the damage that a violation of this obligation arises consignors.
§ 2477
(1) the Consignor shall submit a report to the principal of the injury, which threatens or on consignment
It has already established, as soon as he learns about it, otherwise replace the principal damage
caused by the originator as follows nezpravil.
(2) If a significant risk of damage to the item immediately and if it is not time to
ask the originator's instructions or if the principal stays with them, has
the right to sell the shipment the consignor pursuant to section 2126 and 2127.
section 2478
If on the taken consignment in obtaining transportation damage,
a freight forwarder will replace it, unless that damage could not turn away.
§ 2479
Wonder if the consignee on the claim of the transporter of freight forwarding
the contract against the principal, or had to know about it, the adoption of the
consignment of the guarantor for the claim.
§ 2480
If the amount of the remuneration agreed is a reasonable reward, financial
What is at the time of conclusion of the contract and under similar terms and conditions
usually provides. In addition, a financial reimbursement of costs
effectively incurred in performance of the contract.
§ 2481
(1) the freight forwarder has the consignment until the consignment is with him or until the
Charter, which entitle him to dispose of the consignment, the lien to
ensure the originator's debts arising from the contract. This also applies in the
If the consignment or documents are for someone who is carrying
on behalf of zasílatelovým.
(2) the Mezizasílatel shall apply, at the request of shippers all earlier
the rights that pertain to them their lien, and has the right and the
the obligation to satisfy their rights. To satisfy them, pass on him
along with Lien, which is provides.
§ 2482
In the rest of the forwarding shall apply mutatis mutandis the provisions of the Commission.
Section 5 of the
Commercial representation
Basic provisions
§ 2483
(1) a contract for commercial representation with the trade representative as an independent
Entrepreneur committed to the long term develop for the represented activity
seeking to achieve a certain kind of shops represented or to
the arrangement of shops on behalf of the represented and on his account and is represented
undertakes to pay the business representatives of the Commission.
(2) the contract for commercial representation requires the written form.
§ 2484
Sales representative legal persons cannot be a person who can
bind the represented or the person with whom the trade is to be closed, as the
Member of its body, or fiduciary of a legal person or insolvency
administrator. The opposite of an arrangement shall be disregarded.
§ 2485
The applicable territory
If not, where is the business representative of the effort pays for
agreed the territory of Czech Republic; If the foreign agent
the person paid for the agreed territory, where the State has a trade representative office in
the time of conclusion of the contract.
§ 2486
Sales representative does not have the right to conclude on behalf of the represented trades,
anything for him to accept or otherwise legally Act on its behalf. When
the opposite arrangement on the rights and obligations of the parties that this is related to,
the provisions of the order.
§ 2487
Exclusive commercial representation
(1) if it has been agreed the exclusive business representation, has represented
the right to the relevant territory or for a specified class of persons to use another
sales representative; sales representative does not have the same scope right
to carry out the dealership for any other person, nor to enter into trades on
own account or for the account of another person.
(2) the represented person has the right to conclude the deals, which are covered by the exclusive
commercial representation, even without synergy sales representative. In such a
If, however, the right of a commercial agent on a Commission basis, as these
shops were closed, with his co-operation.
§ 2488
Non-exclusive commercial representation
Unless the contract, that is the exclusive business representation, may
represented by entrust to another person in the same commercial representation, what
He with a sales representative, and the trade representative may exercise the
activity, to which he committed himself to the represented person, and for any other person,
where appropriate, to conclude the deals, which are the subject of commercial representation, and
on their own account or the account of another person.
The obligations of the account representative
§ 2489
(1) the trade representative carries out its activities with professional care. Ensure the interests of the
represented, shall proceed in accordance with the mandate and the reasonable instructions
represented and shall communicate to him the necessary information learned in the context of
with the fulfilment of their duties, and that with this implementation.
(2) the trade representative shall notify the represented data on the development of the market and all the
other circumstances important for the legitimate interests of the represented,
in particular, for its decision making related to closing deals.
§ 2490
If it is agreed the right sales representative to conclude transactions on behalf of
represented, such stores close only on commercial terms
designated represented, if represented by agreement with the other.
§ 2491
(1) If this would be contrary to the interests of the represented, not business
representative to disclose to third parties the information which he received from the represented, or
using these data for himself or for another person, unless represented by
agrees. The same is true of the data, which the commercial agent knew
directly from the represented, but in meeting their obligations under the Treaty, and
the use of which would cause harm to the represented might.
(2) the obligation of the commercial agent in accordance with paragraph 1, after the demise of the
commercial representation.
§ 2492
The commercial agent shall be liable that the third person shall fulfil the obligations of the trade,
that represented suggested to the conclusion, on behalf of the represented or
conclude, just committed to it in written form and in
the takeover of liability agreed special remuneration.
§ 2493
Gets the business representatives in their activities, documents that can be
important for the protection of the legitimate interests of the represented, shall keep them after
the time needed.
§ 2494
If the sales representative to perform his activities, it shall inform the
the represented person without undue delay.
The obligations of the represented
§ 2495
Represented by purchasing and business representatives shall communicate the information necessary for the performance of
of its duties.
§ 2496
(1) the business will provide representatives Represented the necessary documentation
related to the subject of trades.
(2) represented by the commercial agent shall transmit all documents and things
necessary for the performance of its duties. Submitted documents and things remain
in the ownership of the represented; Trade Representative, after their
commercial representation the represented person, unless they have been given back to their
nature in the dealership consumed.
§ 2497
Represented shall notify the commercial agent, without undue delay, whether the trade
obstaraný sales representative has adopted, or rejected, or whether it
does not meet the.
§ 2498
If the represented a significant reduction in the extent of activities against
What a sales representative could reasonably expect, it shall notify the business
representatives in a reasonable time.
Commissions
§ 2499
(1) if the Commission agreed, the commercial agent has the right to
a Commission in the amount corresponding to the customs at the point of his activities since
to the type of goods or services which are the subject of the business; If they are not
such practices, has the right to a Commission sales representative in a reasonable amount of
taking into account the relevant circumstances made negotiations.
(2) if the basis for the determination of the amount of the commissions the scope of the obligations fulfilled
third party conventions, the basis and reasons for non-implementation
side represented.
(3) any part of the remuneration, the amount of which varies according to the number and value of
closed shops, is considered as a component of the Commission.
section 2500
It is considered that a Commission sales representative includes the costs associated
with the commercial representation. If it has been agreed that these represented shall pay
the cost of a commercial agent in addition to commissions, business representatives
the right to reimbursement of costs, if it is even the right to Commission.
§ 2501
(1) the commercial agent is entitled to Commission for acts carried out in the
the dealership, if the deal closed as a result of his activities
or if the deal is concluded with a third party, which the commercial agent for the
the purpose of the implementation of this trade gained before the effect of the Treaty.
(2) for exclusive commercial representation has a trade representative the right to
the Commission also made a trade with a third person from the territory or from the circle
persons, to which the exclusive commercial representation does not apply.
(3) Died when a dealership sales representative has the right to
the Commission, if the deal were made primarily as a result of his activities in the
a reasonable time after the demise of the dealership, or has made a third
person under the conditions laid down in paragraph 1 or 2 toward the trade
representatives or business before the dissolution of the order, represented by the
representation.
section 2502
The right to a Commission under section 2501, paragraph. 1 and 2 of the commercial agent shall not,
If the right to a Commission under section 2501, paragraph. 3 previous business
the representative, unless it is due to the circumstances of fair Commission split
between both trade representative.
§ 2503
If it has been agreed that the trade representative shall obtain for the represented only
the opportunity to close the deal with specific content, there is a commercial
representatives of the right to a Commission has already been made of this opportunity.
§ 2504
(1) if it has not been agreed that the trade representative shall obtain for the represented
just the opportunity to close the deal with specific content, there is a commercial
representatives of the right to a Commission when represented by an obligation to fulfil
or was obliged to comply with an obligation under a contract concluded with third
the person or a third person has fulfilled the commitment of such a contract.
(2) the right to a Commission is formed no later than at the time when the third person
fulfilled his part of the undertaking or was required to meet it, if
represented by its part. If, however, the third person to meet its obligations to
After a period of more than six months after the conclusion of the trade, the
business representatives the right to remuneration of the conclusion of the trade.
§ 2505
Commission is payable no later than the last day of the month following the
the end of the quarter in which it was created.
§ 2506
(1) a statement of the commercial agent shall transmit to the represented on the Commission due
no later than the last day of the month following the end of the quarter in
where the Commission has become due. In the statement indicating the main points of the decisive
to calculate commissions.
(2) the commercial agent shall be entitled to all the represented has made available
data, but at least the data from accounting or similar records, which has
that are necessary to verify the amount of the commissions.
section 2507
If it is clear that the trade between the represented and the third party will not be met,
the right to Commission a reality; This does not apply if the trade fails for reasons
on the side of the represented.
section 2508
The right to remuneration and to the agreed upon compensation for the cost of a sales representative,
If at the close of trade active to both parties as a business
representative or as a provider.
§ 2509
The duration of the trade representation
(1) if it is not agreed on what time the dealership is established, and
If it does not imply nor the purpose of the contract, the dealership was
a deal for an indefinite period.
(2) if the dealerships agreed in time and manages to
the parties to the Treaty, even after the expiry of the agreed time, staring at the business
representation, as it would be a bargain for an indefinite period.
Notice of termination of dealership
§ 2510
(1) if the dealerships agreed for an indefinite period, you can
to terminate. The period of notice is for the first year of commercial representation
one month, two months for the second year, and for the third year and the next three years
of the month; the arrangement of the shorter period of notice is not taken into account. Ujednají-a
a longer period of notice, the Parties shall not be bound by time is
represented, shorter than the time that you must comply with the sales representative.
(2) the notice period ends on the last day of the calendar month.
§ 2511
The provisions of § 2510 shall apply at the dealership, which is referred to in
§ 2509 staring, as if it was agreed on for an indefinite period, while
the period of notice will be calculated taking into account the duration of business
representation before the conversion for an indefinite period.
section 2512
(1) if it has been agreed the exclusive commercial representation, each party has a
the right to terminate the dealership, has not reached a volume of trades in the
the last twelve months the volume specified in the contract; If the volume has not been
trades negotiated, decides the volume appropriate sale options.
(2) the provisions of § 2510 and 2511 shall apply mutatis mutandis.
§ 2513
(1) if it has been agreed the exclusive dealership and used to
represented by another sales representative, sales representative concerned may
to terminate the dealership without notice.
(2) if the agreed exclusive commercial representation, and if the
trade representative of the same activity, to which it is obliged to
represented, and for any other person, may terminate the business represented
representation and without notice.
Special reward
§ 2514
(1) shall lapse if the dealership has a trade representative the right to
Special reward, if
and represented new customers) or significantly developed the business with
existing customers and represented has not yet substantial of these shops
the advantages and
(b) the payment of special remuneration is) having regard to all the circumstances of the case
fair, if they are taken into account all the circumstances, in particular the Commission,
which the commercial agent and loses resulting from business
with such customers; these circumstances include any arrangements or
neujednání non-competition clauses.
(2) Are subject to the conditions referred to in paragraph 1, is not entitled to special
the reward without prejudice to or if the dealership had disappeared with the death of the business
representative.
section 2515
The amount of special payments shall not exceed the annual fee calculated from the annual
the average of the remuneration obtained a sales representative during the last five years.
If the dealership took less than five years, calculate the amount of
special rewards from the average of the remuneration for the entire period of its duration. If it took
less than a year, shall not exceed the sum of the commissions for the entire period of its duration.
§ 2516
The right to special remuneration shall lapse if not exercised within one year from the
their dealership.
§ 2517
The right to special remuneration varies,
and if terminated) represented by dealerships for such violations
the obligations of the commercial agent which would justify him to withdraw from the
of the Treaty,
(b) if the business has ended) the representation of the trade representative, to their
due to reasons on the side of the represented, or due to
age, disability or illness of the commercial agent, and could not be when
business representatives, reasonably require that its activities continued,
or
(c) if the transferred business) a representative of the rights and obligations of the business
representation in accordance with the agreement with the third party.
section 2518
Trade clause
(1) the parties may make that sales representatives after the demise of the business
the representation shall not on a specified territory or to specified categories of persons on the
This territory to exercise on your own or foreign account activity, which should
the competitive nature in relation to the business represented, in particular the activities,
When the dealership performed for the represented. Competitive
the clause that is contrary to or which is agreed on for more than
two years from the end of representation is invalid.
(2) if the trade clause limits the sales representative of more than
requires the necessary level of protection of the represented, the Court may, competitive
limit clause.
§ 2519
Prohibited arrangement
(1) the Disabled are arrangements derogating from § 2489, 2495, 2496 paragraph.
1, § 2497 or 2498.
(2) the arrangements that derogate from section 2504, paragraph. 2, § 2505, 2506,
2507, 2514, 2515, 2517 2516 or to the detriment of the commercial agent,
be taken into account.
§ 2520
(1) the provisions on commercial representation shall not apply, if it is agreed that
the representative is not rewarded for his activities.
(2) the provisions concerning commercial representation shall not apply to the obligations of the persons
operating in a regulated market, MTF or
the commodity Exchange Act and under other liabilities stock conciliators
under another law.
Episode 6
Trip
Basic provisions
§ 2521
Treaty on the trip organizer undertakes to procure for the customer in advance
ready to file services, tourism (tour) and the customer
agrees to pay the comprehensive price.
section 2522
(1) Applies, that the trip is a set of tourism services, if it is
arranged for more than twenty-four hours or includes
overnight stays and includes at least two of the following transactions:
and) accommodation,
(b)),
(c)), another service of tourism that is not ancillary to transport or
accommodation and are an important part of the services offered.
(2) charges-if the organizer of each partial performance within the same trip
separately, it does not release the obligations under this part.
section 2523
(1) the organiser is considered as the one who offers tours to the public, or
a group of people the business way, even through a third
of the person.
(2) Who organise or arrange for individual tourism services,
It is considered the Organizer, occurs on the basis of the special circumstances
third parties the idea that tourism provides services such as
a trip on their own responsibility.
§ 2524
The organizer shall inform the customer in an appropriate manner before the conclusion of the
contract information on passport and visa requirements, time limits for their
settlement and shall communicate to him also, what health documents are for the travel and subsistence
required.
Confirmation of the trip
section 2525
(1) the Promoter shall issue to the customer upon conclusion of the contract or immediately after
the conclusion of the document on the Treaty (confirmation of the trip). Confirmation of the
the trip requires the written form.
(2) if the contract Is drawn up in written form, it replaces the copy of the
confirmation of the trip, if all the conditions laid down for the
confirmation of the trip.
(3) if the contract and the confirmation of the trip data that differ,
You may call the customer what is more advantageous for him.
section 2526
Together with the confirmation of the trip organizer shall issue to the customer a proof of its
insurance under other legislation issued by the insurer.
section 2527
(1) the Promoter shall indicate in the certificate of the trip
and the designation of the Contracting Parties),
(b) the definition of the package at least) indicating the start and end time and
all the tourism services included in the price of the trip, as well as space
their provision and duration,
(c) an indication of the price of the tour), including a timetable for payments and the amount of the advance,
as well as on charges that are not included in the summary of the price
(d)) the way in which the customer has to exercise his right of violation of
the obligation of the organiser, including details of the time limit, in which his right to
to apply, and
(e) the amount of the severance pay that) the customer shall pay to the organiser, in cases
laid down in section 2536.
(2) the Promoter in the confirmation of the trip further indicate if the trip includes
and other services), whose price is not included in the price of the package, an indication of the
the number and amount of payment for these services,
(b)), the indication of the position of the accommodation, tourist category, level of amenities,
the main characteristics and comply with the law
the competent State
(c)), an indication of the kind, and the characteristics of the category of the transport
resource, as well as an indication of the route, and
d) eating, an indication of its nature and extent.
(3) Forward the Organizer the customer catalog, which contains all the
the information provided on the definition of the package referred to in paragraph 1 (b). (b)), the
promoter in confirmation of the trip just to refer to a number or other designation
the trip in the catalog.
section 2528
(1) if the implementation makes the trip by reaching a certain number of
customers indicate that promoter in confirmation of the trip specifically stating i
the period within which the customer must notify the latest cancellation, therefore,
the specified number of customers has not been achieved.
(2) if the grounds for the determination of the conditions, which the party tour
meet, the organizer of the trip, in acknowledgement of the conditions
It is, and, if necessary, the period in which the customer may
announce that the trip instead participate in the other person.
§ 2529
(1) the Promoter shall deliver to the customer in an appropriate manner, not later than seven days
before the start of the tour for more details and for the customer important information about
all the facts that he knows, if they are not already included in the Treaty or
in confirmation of the trip, or in the catalog, which passed to the customer.
(2) the promoter shall communicate in particular
and advanced data) set out in section 2527 paragraph. 2,
(b)) to participate in the trip a minor unaccompanied by a person who
cares, the details of the contact with minors or with the representative
organizers at the place of residence of a minor,
c) details of the person to whom you can turn to in difficulty during the trip with
requests for assistance, in particular the name, address and telephone number of the local
the representative of the organizer and the address and telephone number of the Embassy.
(3) if the circumstances so require, shall be forwarded by the Organizer to the customer within the same period
ticket voucher for accommodation or meals, the proof required for the
provision of Optional excursions or other document, which is for
implementation of the trip should be.
(4) If a contract is concluded at the time of less than seven days before the
the organizer of the trip, will meet the obligations referred to in paragraphs 1 and 3 already
the conclusion of the contract.
§ 2530
Change the price of the trip
(1) the Promoter can increase the price of the trip for reasons set out in paragraph
2, if it is agreed in the contract, together with exactly as intended
the calculation of the price increase.
(2) the price of the trip organizer may increase, the increase in the twenty-first
the day before the agreed time of start of trip
and the price for transportation including) fuel prices,
b) payments associated with the transport, such as an airport, port or other
the charges included in the price of the trip, or
(c)), the exchange rate of the Czech Crown used for the determination of the price of the trip in the
average of more than 10%.
(3) if the Organizer Sends notification of the price increase to the customer later than the
twenty-first day before the start of the trip, does not increase the prices of legal
effects.
section 2531
Contract amendment
(1) if the external circumstances forcing the organizers to change the conditions of the trip,
the customer shall propose amendment of the Treaty. To be as a result of contract changes
changed and the price of the trip, the promoter in the proposal and the amount of the new prices.
(2) if the customer does not agree with the amendment of the Treaty, has the right of
withdraw; the organizer can specify an appropriate time limit for the withdrawal, which
shall not be less than five days, and must finish before the trip.
If the customer does not withdraw from the contract within a specified period, with a change
the Treaty agrees.
section 2532
Assignment of contract
(1) if the third person complies with the conditions for participation on the trip, the customer
the Treaty to advance.
(2) a change in the person of the customer is effective against the organizers, if he
the assignor about timely notification, together with a declaration by the assignee that, with
contract agrees and that meet the conditions for participation on the trip.
The announcement is timely if it is received at least seven days before the
the trip; a shorter period can be, uh, if the contract is concluded in a shorter time
than seven days prior to the commencement of the trip.
(3) the assignor and the assignee breached are bound jointly and severally liable to the
the payment of the price of the trip and to cover the costs, which in
the context of the changing customer.
Withdrawal from the contract
§ 2533
Before the customer can withdraw from the contract of the trip, but always
the Organizer only, if the trip is cancelled, or if a customer
your duty.
§ 2534
(1) if the customer has resigned from the contract pursuant to § 2531, paragraph. 2, or
If the organizer has cancelled the trip for any reason other than for breach of obligations
the customer, offering the customer a replacement tour promoter overall
corresponding at least to what was originally agreed, if it is in
pořadatelových the possibilities of such a trip has to offer.
(2) if the parties agree on the replacement of the trip, not the Organizer the right to
raise the price, even if it is a replacement tour of higher quality. If a replacement
tour of lower quality, the organizer shall pay the difference in price to the customer without
undue delay.
§ 2535
(1) if the organizer of the trip, within less than twenty days before his
you start to pay the customer a penalty of 10% of the price of the trip. The right to
the customer for damages shall remain unaffected.
(2) the Promoter is exempted from the obligations referred to in paragraph 1 demonstrates that the trip
It was cancelled in accordance with section paragraph 2528. 1 or due to force majeure.
§ 2536
(1) in the event of the customer from the contract for any reason other than breach of
the obligation of the organiser, the organiser shall pay severance pay in accordance with section 2527 paragraph. 1
(a). (e)). The same customer will pay severance, withdraws from the contract
promoter for violation of the obligations of the customer.
(2) if the customer Withdraws from the contract because the promoter has violated your
obligation, the customer has the obligation to pay severance. This is true even if the
If the customer has not provided the replacement trip.
Defects of the trip
§ 2537
(1) if the trip does not have properties, of which the promoter assured the customer or
that the customer considering the menu and practices reasonably expected
the organizer shall ensure that the axle, if involves disproportionate costs.
(2) if the Organizer fails to remedy within a reasonable time, or that he
customer, customer's can rectify himself and his promoter
replaces the efficiently incurred costs. The determination of the time limit to remedy need not be,
If the promoter refused to grant a remedy, or if the immediate
axle due to the special interest of the customer.
§ 2538
If there are significant defects after the departure of the trip and will not accept a
the organizer of the action, that the tour could continue, or if he refuses
such measures shall ensure that due to your organizer
the cost of transport of the customer at the place of departure, or to another agreed
instead.
§ 2539
(1) If you cannot ensure the continuation of the trip other than through
tourism services, lower quality than what determines a contract returns
the organizer of the difference in price to the customer.
(2) ensure the continuation of the tour organiser, with higher costs, they are going
such costs to be charged.
section 2540
If the trip fault and said to the customer without undue delay, the
customer is entitled to a discount on the price of a reasonable scale and duration of the defects.
If the customer is not complained the defect without undue delay the trip of your own
the fault, the Court gave him the right to a discount from prices not be granted by the Organizer
argue that the customer has not exercised its right of or within one month from the
the end of the trip for him, even with the person concluding the contract
brokered.
§ 2541
Help in trouble
If, after the start of the trip, the customer in trouble, provide it
the organizer shall immediately help.
Compensation for damage
section 2542
The Organizer is responsible to the customer for fulfilment of the obligations of the Treaty on the
the trip without losing sight of it, whether in the context of the trip are the individual
tourism services of another person.
section 2543
(1) violation of the obligation, under the responsibility of, replaces the Organizer
the customer in addition to the property damage, also for the injury leave,
in particular, if the trip was thwarted or substantially reduced.
(2) if the customer Withdraws from the contract or claim to the right of the defects
the trip is not without prejudice to his right to compensation in accordance with paragraph 1.
section 2544
If the international treaty, which the Czech Republic is bound,
limit the amount of damages arising from violation of the obligations of the Treaty on the
the trip, shall be borne by the organizer for the damage up to this limit, if it ujedná
in the contract. This does not apply if the damage was caused intentionally or through gross
negligence.
Foreign school stay
section 2545
If the subject of the trip stay pupil at the host family in another State
associated with a regular visit to the school at least three agreed
months, ensure the promoter with the concurrence of the pupil his suitable accommodation in the
the host family, as well as the surveillance of him and care for him, according to the
the usual conditions in a country school. At the same time a pupil creates a
assumptions, to regularly attend school.
section 2546
(1) the organizer has the right to compensation if the customer withdraws from the contract
before the start of the stay in school because he did not tell the promoter nor in
advance two weeks
and the name and address of the host), in which the student will be staying after his arrival, and
(b)), the name and address of an authorised person (Coordinator) in the country in school residence
for which you can request help and an indication of the options to connect with her.
(2) the organizer has the right to compensation if the customer has resigned from the
Therefore, the promoter of the pupil in the stay prepared.
section 2547
(1) the customer has the right to withdraw from the contract in the course of the school;
the organizers belong to ujednaná reward less saved costs. Promoter
shall take the necessary measures for the transport of the pupil; the customer shall pay to the organiser
the increased costs associated with it.
(2) the right referred to in paragraph 1 for the implementation of the promoter, if not resigned
customer from the contract for violation of the obligation to pořadatelovy.
Common provisions
section 2548
A package file is not in accordance with this part of tourism services
provided to entrepreneurs for the purpose of his business or the file
tourism services, whose supply and provision is not a business.
section 2549
Arrangements in the Treaty, which derogate from the provisions of this part in the
against the customer are invalid.
Episode 7
The obligations of the contracts of carriage
Section 1
The transport of people and things
Subsection 1
Transport of persons
§ 2550
Basic provisions
Contract of carriage the carrier undertakes to transport the person to a passenger
destination and the passenger undertakes to pay the fare.
§ 2551
The carrier, the carriage charge of passenger safety and comfort.
Adjusts the transmission schedules. Details
§ 2552
(1) if the passenger carries baggage, the carrier is either together with the
him and under his supervision, or separately.
(2) if the baggage transported separately, the carrier shall ensure that
transported to the place of destination not later than at the same time as the passenger.
§ 2553
(1) in the case of the carriage of persons, provides shipping schedules,
What rights passengers against carriers, if the carriage is performed
in a timely manner.
(2) When the irregular passenger transport will replace the carrier's damage
the passenger, by carriage was not performed in a timely manner; the conditions and the scope of the
Refunds shall be fixed to the transport timetables.
(3) the rights referred to in paragraphs 1 and 2 must apply with the carrier without the
undue delay. If such a right exercised by
six months, the Court admits the carrier objected that the law was not
applied in a timely manner.
§ 2554
(1) If a passenger transport for personal injury or damage to the
luggage transported together with him, or if the damage to things
which the passenger had on him, replacing it with the carrier in accordance with the provisions of the
compensation for the damage caused by the operation of the means of transport.
(2) the damage caused to the baggage transported separately from the passenger
the carrier will replace the according to the provisions on compensation in the carriage of the matter.
Subsection 2
Transportation of things
section 2555
Basic provisions
(1) the contract of carriage the carrier shall undertake the sender things that
carry a thing as shipment from the place of departure to the place of destination, and
the sender undertakes to pay the freight to the carrier.
(2) if the sender has requested the carrier to take over the consignment at the agreed time
and if it is not reached within six months from the conclusion of the contract, the rights and
the obligations of the Treaty.
§ 2556
The sender confirms the carriers on request order shipments.
The carrier confirms to the sender on request of the takeover of the consignment. Confirmation of the
require the written form.
section 2557
(1) the shipper shall provide the carrier to correct the information on the content of the consignment and its
the nature of the.
(2) if it is needed to perform the transport of special instruments, forwards it to the
the sender to the carrier at the latest when forwarding consignments to be transported.
§ 2558
Carrier performs the transport to the place of destination with professional care in the agreed
time, and if agreed, without undue delay. It is considered that the
This period begins to run on the day following receipt by the carrier.
§ 2559
Interruption of the journey
If the carrier did not deliver the consignment to the recipient, the sender may order
that the transport was interrupted and the consignment was loaded in accordance with its
the statement, however, replaces the carriers efficiently incurred costs.
section 2560
(1) if the recipient knows the carrier's consignment, consignment delivered to him. If, however, the
the consignee according to the contract the consignment at the place of destination to pick up, he shall notify the
the carrier only their transport and consignment, on request, shall issue to him.
(2) if the contract obliges the carrier to before the release of consignments picked from
the recipient of a certain amount or made other recovery Act, the
mutatis mutandis, the provisions of the documentary collection.
§ 2561
The consignee specified in the contract law of the contract shall, if so requested by
the release of the consignment after its arrival at the destination, where appropriate, after expiry of the
the time when the consignment to the place of destination should be. The moment passes on
the recipient and the right to compensation for the damage to the item.
§ 2562
The adoption of the consignment the recipient becomes the guarantor of the sender claims
the carrier of the Treaty relating to transport taken. The liability is
the recipient shall release, proves that he did not know about these claims and even
didn't need to know.
§ 2563
Carrier shipment to the recipient, if it would interfere with the command
the sender under section 2559. In that case, has the right to dispose of the consignment
continue to the sender. Determine if the sender carrier to another person as a
the recipient of this person the rights from the contract in the same way as the original
of the recipient.
Freight charge
§ 2564
(1) the Freight is payable without undue delay after the execution of the transport
to the place of destination.
(2) if the amount of the freight charges freight carriers agreed,
the normal at the time of conclusion of the contract with regard to the content of the obligation.
§ 2565
If the carrier is unable to complete the transport of the reasons for which it does not match,
He belongs to the proportion of freight charges with regard to the transport of already
carried out.
Compensation for damage
§ 2566
(1) the carrier will replace the damage on the consignment at the time of receipt of the
cargo carrier to release the consignment to the consignee. This does not apply if,
that damage could not stave off even when incurring professional care.
(2) the obligation to compensate for damage shall relieve the carrier proves that the
the damage caused
and the sender, recipient or) the owner of the cargo or
(b)) to defect or the natural nature of the consignment, including the usual decline.
(3) if he causes damage to the defective packaging of cargo, the carrier of the obligation to
compensation for the damage shall relieve the proof that the sender of the defect upon receipt
consignments for transport pointed out; the cargo has been issued or the way the sheet
the defect must be tainted by the packaging. Does not notify the carrier of the faulty
packaging, exempted from the obligation to compensate for damage, the defect could not be
the takeover of the consignment.
(4) the arrangements limiting the obligation of the carrier pursuant to paragraphs 1 to 3 shall
be taken into account.
§ 2567
(1) when the loss or destruction of the consignment, the carrier will replace the price
at the time of consignment, when it took over.
(2) for damage or deterioration of the consignment carrier replaces the difference
between the price of the consignment at the time of its taking over by the carrier, and
the price, which at this time had a shipment of damaged or impaired.
§ 2568
(1) if the consignment damage, the carrier shall submit to the sender of the damage
message. However, if acquired the right to the issue of the consignment the consignee shall submit an already
carrier message recipients.
(2) in the absence of a report on the damage to the carrier, without undue delay, it replaces the
the sender, or recipients of any damage caused by it.
§ 2569
If there is no right to damages for the carrier exercised within six months from the date
the date of receipt of the consignment, or if the shipment has not been taken, within six months of
the date should be served, the Court is not be granted, if the carrier has lapsed,
that right was exercised out of time.
section 2570
Svépomocný sale
The carrier may sell the consignment to the sender's account when the immediate
the threat of substantial damage on the item, if it is not the time to request instructions
the sender if the sender or stays with them.
section 2571
(1) the carrier has to a consignment until it can dispose of it, the lien to
ensure the debt arising from the contract.
(2) is binding on the consignment has several liens, liens
the carrier shall take precedence over previously incurred by mortgages and pledges
the right has priority over the lien of the transporter.
Subsection 3
Way sheet
section 2572
(1) an acknowledgement of receipt of the consignment can be replaced with náložným. Way
the list is a valuable paper, with which it is associated the right to require the carrier to
the release of the consignment in accordance with the contents of náložného sheet; It can go on
the name of the series or to the bearer.
(2) the Way the sheet contains at least
and the name of the carrier and its) residence or registered office,
(b)) the sender's name and his domicile or registered office,
(c) the designation, quantity,) the weight or volume of the goods,
(d)) form of náložného sheet; If it was issued in the name or on the series, and
the designation of the person in whose name or series was issued,
(e)) the indication of the place of destination and the
(f) the place and date of issue) náložného sheet and dopravcův signature.
(3) does not include the name of the person, the way a sheet on which the series is issued,
It is considered a series of the sender.
section 2573
When you issue a náložného sheet in every carrier shall be indicated on each
a copy of their number.
section 2574
The carrier shall deliver to the sender for damaged or lost way sheet new
Worksheet showing the way, that this is an alternate way of the worksheet.
The sender will replace the carriers harm, if he abuses the original
náložného worksheet.
§ 2575
After the release of náložného sheet has the right to interrupt the carriage of the person
the beneficiary of the náložného worksheet. If it has been issued multiple copies náložného
the worksheet requires the submission of all copies.
§ 2576
After the release of náložného sheet has the right to release the shipments, the person authorized to
in the náložného worksheet.
§ 2577
(1) the holder of the náložného worksheet may apply only to the objections of the carrier
arising from the content of the worksheet or náložného of their rights against the holder.
(2) To the holder of the náložného carrier sheet can reach agreement
contained in a contract concluded with the sender, if this
arrangements contained in the sheet or náložném, where reference is made to them way
list explicitly.
Subsection 4
Common provisions for the transport of persons and things
§ 2578
More detailed transport of persons and goods be determined by another law,
in particular, the provisions laying down the shipping schedules, unless so
directly applicable provision of the European communities.
§ 2579
Teaming up to carry out the shipment a few carriers may transport schedules
determine which of the carriers and the conditions under which transport is responsible.
§ 2580
(1) limits the obligation to transport the carrier to refund orders of injury
health, not taken into account.
(2) the obligation to the carriers operating the public transport damage
or other injury may limit transmission orders in a particularly
justified cases, when the need for such restrictions on national
transport necessarily follows from the principles applicable to international carriage.
(3) the restrictions, obligations of the carrier for damages in transport
the schedules do not apply to cases of injury caused intentionally or through gross
negligence.
§ 2581
(1) If a person entitled to pick up baggage or shipment in late
collecting things for more than six months, the carrier may thing on account of this
people sell. If it is a matter of greater value and knows the address of the carrier
This person shall inform it in advance of the intended sale and provide it
an additional reasonable time limit to pick up things.
(2) Transport schedules may in justified cases, provide for the
pick up some luggage and consignments to shorter period their
pick up, especially if it is about the dangerous nature of things or of the point,
that will quickly spoil.
Section 2
The operation of means of transport
§ 2582
Agreement on the operation of the means of transport is committed to provozce transport
load specified by the client, and for this purpose to execute at least one advance
the specified path, or to execute in an agreed time, the greater the number of journeys, as it
the ordering party shall designate, and the client undertakes to pay the provozci fee.
§ 2583
(1) the Provozce shall ensure the competence of transport to the agreed
the path, its applicability to the agreed transport and traffic
means an eligible crew and fuel and other necessary
things.
(2) if the means of transport is not eligible under paragraph 1, replace
provozce the customer damage resulting from it, unless he proves that this
disqualification could not even while maintaining the necessary care to predict.
§ 2584
The right to require specific operation of the means of transport may be ordered by
to another person.
§ 2585
Takes over the provozce for the carriage of cargo, shall be applied for the determination of rights and
obligations of the parties, mutatis mutandis, the provisions governing the transport contract,
If the nature of the contract for the operation of the means of transport.
Episode 8
The work of
Section 1
General provisions
§ 2586
Basic provisions
(1) the contract the Contractor undertakes to perform at their own expense and
the risk for the purchaser and purchaser undertakes to take over the work and
to pay the price.
(2) the price of the work is certainly enough agreed, if it is agreed to at least
the method of determining, or if it is determined at least an estimated. If they have a
the parties will enter into a contract without the determination of the price of the work, pay for the agreed upon
the price paid for the same or comparable work at the time of conclusion of the contract and
in similar terms.
§ 2587
The work means making certain things does not fall under the purchase agreement, and
Furthermore, maintenance, repair, or adjustment of things, or playing with another result.
The work means always manufacture, maintenance, repair or modification of the work or
her part.
§ 2588
(1) if the implementation works in specific personal skills
the contractor shall cease its loss of competence, commitment, or his death.
This does not apply if the work can successfully perform the one who took over the activities of the
the contractor as his successor.
(2) the death of the principal obligation in itself, unless the meeting
the commitment becomes impossible or unnecessary. This also applies in the case of the demise of the
the death of the principal obligation.
The implementation of the work
§ 2589
The contractor shall perform the work either personally, or have carried out under their
personal leadership. This does not apply, if the execution of the work is not tied to personal
the property of the contractor, or if this is not due to the nature of the work
needed.
section 2590
(1) the contractor shall perform the work with the necessary care in that time and purchasing
all that is needed to perform the work.
(2) if the period of performance is agreed, the contractor performs work in the time
proportionate to its nature. It is considered, that it is time for implementation of the negotiated in
the benefit of the contractor.
§ 2591
If it is necessary to perform the works of the synergy of the principal contractor, he shall determine the
reasonable time limit for its provision. If the time limit expires in vain, has a
contractor right at its option, either provide a substitute performance
the customer's account, or, if the attention of the principal, to withdraw from the
of the Treaty.
§ 2592
The contractor shall proceed in the implementation of the work independently. The principal commands
on how the implementation works of the contractor is bound by, just if it's from the
practice, or if this was agreed.
§ 2593
The ordering party has the right to monitor the implementation of the works. If it finds that the
the contractor is in breach of its obligation, may require that the contractor
ensure correct and perform work in a proper way. If they do so
the contractor shall not, within a reasonable time, the purchaser may withdraw from the contract,
led to the procedure undoubtedly a substantial breach of the contractor's
of the Treaty.
§ 2594
(1) the contractor shall notify the purchaser without undue delay at an inappropriate
the nature of the things, which the client to perform the work forward, or
the command that his client gave. This does not apply if the inadequacy
to find out, even when spending the necessary care.
(2) the way to bad thing or command in the proper execution of the works,
to the extent the contractor is interrupted until the exchange of things or changes
the command; If the client on the implementation of the work using the passed things
or according to the order, the contractor has the right to require that such
client made in written form.
(3) the time limit laid down for the completion of the works will be extended by the period of the interruption
induced. The contractor has the right to reimbursement of the costs associated with interruption of the
the work or using inappropriate things to the time when their unsuitability
could be detected.
(4) if the contractor Maintains in accordance with paragraphs 1 and 2, has no client
rights from defects arising from the inadequacy of the works for things or command.
§ 2595
If the hirer to perform works by apparently inappropriate command
or with the use of apparently inappropriate things even after warning, zhotovitelově
the contractor may withdraw from the contract.
Things to the execution of the work
§ 2596
If the contractor shall affix the thing processed when carrying out the works, the parties to this
If things became part of the works, the position of the seller. It is considered
that purchase price is included in the price of the work.
§ 2597
(1) if the client to obtain the thing to execution of the work, the contractor shall transmit it
at the agreed time, or without undue delay after the conclusion of the contract. Has the
It is considered that the price of the price of this stuff does not diminish.
(2) if client Neopatří thing on time and if they do so, nor to call
contractor in additional reasonable period of time, may obtain the contractor on the
the account of the purchaser. The price of things and the cost effectively incurred with its
the measures ordered by the contractor to pay without undue delay after the
What about paying the contractor so requests.
§ 2598
(1) the Customer shall bear the risk of damage to the things that you affix to the implementation
the work, as long as it takes its ownership right to the point.
(2) the contractor shall be responsible for the matter taken from the principal as
the storekeeper. With the work of the Bill and submit the customer returns
him all of his things processed.
The ownership right to the subject matter
§ 2599
(1) if the subject matter of the works designed individually, takes to her ownership of the
right by the main contractor. This does not apply in the event that the contractor processed the thing
the principal at another location than the purchaser or on his land or to
the land, which the ordering party, or it is the value of the works the same or
higher than the value of objednatelovy processed stuff; If it takes
the ownership right to the subject matter of the contractor.
(2) if the subject matter of the works specified by type, it shall take ownership
the right contractor. This does not apply in the event that the Contractor made thing
the principal, on his land or on land which the ordering party capped;
If the customer takes ownership.
section 2600
If the contractor has acquired title to the processing things and thwart-a
the work of reason, for which the contractor does not respond, the client does not have the right to
to pay for the thing that the contractor handed over to processing. The right of the
unjust enrichment is not affected.
§ 2601
If the contractor has acquired title to the processing things and thwart-a
the work of reason, for which the contractor is responsible, the customer shall provide
reimbursement for the processed thing, or he returns to the same thing
of the species.
section 2602
(1) if the purchaser Acquired title to the processing things and thwart the
due to the work for which the contractor is responsible, the client
should either release things resulting from the processing, or refuse this thing
and claim their goods used for processing.
(2) if the contractor resulting from the processing of the customer thing, not by
without prejudice to its right of unjust enrichment. If the client refuses the thing
resulting from the processing, the contractor has the right to financial compensation for the
your processed thing, or things of the same type to return.
section 2603
If you acquired the title to the hirer and things to frustrate the work of the
the reason for which the contractor does not respond, the client can request only
the release of things resulting from the processing, however, the contractor will replace the price its
things used for processing.
Execution of the work
section 2604
The work is done, if it is completed and passed.
section 2605
(1) the work is completed, if it is demonstrated by its ability to serve its
the purpose of the. Client takes the finished work with the reservations, with or without reservations.
(2) if the purchaser takes over the work without reservations, admit him to a Court of law
the obvious defects of the work, the contractor objected to that law was not applied
in a timely manner.
section 2606
If the work is carried out gradually and you can distinguish each instance can
be given and taken even after the parts.
section 2607
(1) if it is to be the completion of the works shown performing the agreed tests,
execution of the work shall be considered completed successful tests. To
participation in the principal contractor in time invites; not participate if
client tests and does not exclude the nature of things, this does not prevent their
implementation.
(2) the test result shall be recognised in the registration; If the client is not present, the
confirm registration instead reliable, competent and impartial
the person who participated in the tests. Aren't it the nature of the obligation is
the contractor shall be liable to the customer on his request, write to pass.
section 2608
(1) if the subject matter of the works, the referral provisions mutatis mutandis
of the purchase contract.
(2) acceptance of the purchaser acquires ownership of things and goes on
the risk of harm to him, things have happened that have previously.
section 2609
Svépomocný sale
(1) if the subject matter of the works, the contractor may, on account of the principal
the appropriate way to sell, if the ordering party does not take the matter without undue
delay after the work should be completed; It was completed later,
then, without undue delay after notification of the completion of the works. Unless
the nature of the case, the contractor shall inform the purchaser of the intended sale
and set a time limit for receipt of the replacement stuff, but not less than one
the moon.
(2) does not report if an unknown or not readily accessible by the main contractor work
After a period of time longer than six months, or, if the nature of the case,
If the client does not report on the thing for her reasonable nature, may
the contractor thing on his behalf to sell without notice.
The price for the work
section 2610
(1) the right to payment of the price of the work is produced by doing the work.
(2) if the work of přejímáno in parts, there is a right to payment of the price for the
each part in its implementation.
§ 2611
If the work or with significant cost and neujednaly if
payment of the advance party, the contractor may request during the execution of the works
a reasonable proportion of the remuneration, taking into account expenses.
section 2612
(1) where the contractor, after the conclusion of the contract, that the price of a specified estimate
you will need to substantially exceed, it shall notify the customer without undue
delay with reasoned by specifying the new prices; If they do it without undue
delay after the need to increase prices or to find out he had found and
could, has no right to the payment of the difference in price.
(2) the Client may withdraw from the contract; the proportional part of the originally intended
the contractor will pay the price if the partial performance of the contractor
benefit. If the client does not withdraw from the contract without undue delay after the
the notice about the higher price, by increasing the prices agree.
section 2613
Stymie-execution of the work to the principal due, which corresponds to,
the price for the work of the contractor, less what the contractor which some works
spared.
section 2614
If the parties so agree after the conclusion of the Treaty on the limitation of the scope of the work and
neujednají-if the consequences for the level of prices, pay the client the price adjusted
taking into account the difference in the extent of the necessary activities and in the relevant
the costs associated with the implementation of the works.
Defects in the works
§ 2615
(1) a work has a defect, does not correspond to the contract.
(2) on the rights of the purchaser of a defective performance shall apply mutatis mutandis to the provisions of
the purchase contract. However, the ordering party is not entitled to require the implementation of
the replacement works, if the subject works, given its nature, cannot be
go back or forward to the contractor.
§ 2616
If, according to the Czech law or under the law of the State,
where the subject of the work is to be used, as a result of the use of the subject matter to
the threat to or violation of the rights of third persons from industrial or other
intellectual property, the contractor is obliged, if the customer
about the contractor at the time of conclusion of the contract knew or had to know. On
the legal defects of the work shall apply mutatis mutandis the provisions of legal defects
the subject of the purchase.
section 2617
If it is to work at a transmission defect, the obligations of the contractor
defective performance; However, if the risk of damages to the purchaser to
later, decides the time of this transition. After this time, the client
rights of defective performance caused a defect in the contractor violation
obligations.
§ 2618
The Court will not admit the right ordering of defective performance, did not report to
the principal defects of the work without undue delay, then, when it is found or
While due attention to find out he had no later than two years from the
transmission of works, and if the contractor objected that the law has been applied
belatedly.
§ 2619
(1) a contractor for quality work guarantee shall apply, mutatis mutandis,
the provisions of the contract.
(2) the warranty period shall start to run on the works by passing the works.
Section 2
Price determination according to budget
§ 2620
(1) if the price Is agreed a fixed amount or by reference to the budget, which
It is part of the contract or was communicated to the customer by the contractor to
the conclusion of the contract, the client or the contractor cannot even ask the price change
because that's the work required other efforts or costs other than
expected.
(2) If, however, the unpredictable, extraordinary circumstance, which
completion of works difficult substantially, the Court may at its discretion
decide on a fair price increase for the work, or of the cancellation of the contract
and about how the parties settled. This does not apply, if either of the
the parties to the risk of changes in circumstances, or if it is about the fact that
one of the parties in advance stated that does not occur.
§ 2621
(1) if the work is entered under the budget, the contractor cannot claim
the increase in the price for the work, even if they have the scope or the cost of the work for
result in exceeding the budget.
(2) if the guarantee the completeness of the budget, not the contractor work request
the increase in the price for the work, when there is a need for further work to complete the
works.
§ 2622
(1) However, if the price determined on the basis of the budget subject to the
with no guarantee of its completeness, or subject to, that the budget is non-binding,
the contractor may request the increase of the price, if in the case of the budget
subject to guaranteed the completeness of the implementation of the activities in the work necessary to
not included in the budget, if not predictable at the time of the conclusion of the
of the Treaty, and in the case of the budget subject to the non-binding status, what inevitably
outweigh the costs effectively incurred by the contractor, the costs included in the
the budget. If the client does not agree with the increase of prices shall be determined by the price increase
on a proposal from the contractor of the Court.
(2) the contractor shall cease shall be entitled to determine the increase of the prices referred to in paragraph 1,
If you need to notify a overrun of the budgeted amount and the amount of
the requested price increase without undue delay, then, when you
the implementation of the works showed his inevitability.
(3) the ordering party may without undue delay, to withdraw from the Treaty,
If the contractor requests an increase of more than 10% of the price according to the budget. In
this case, the client shall be obliged to replace the contractor part prices
corresponding to the extent of the partial execution of the work under the budget.
Section 3
The construction of the subject of the works
section 2623
Unless otherwise provided, the provisions of the Treaty concerning the adjustment of the real
Affairs and the contract for the construction, repair, or modify the provisions of the construction
the first section of this part.
§ 2624
The risk of damage
If the customer manufactures building on order, the contractor shall be
the risk of damage or destruction of the building until its surrender, unless the
damage occurred.
section 2625
Right on Bill
If the price of the works determined with reference to the actual scope of work and its
value or the value of used goods and the amount of additional costs will be charged
the contractor shall, at the request of the principal existing procedure works, as well as not yet
the costs incurred.
section 2626
Control of the implementation of the work
(1) if the contract provides that the customer checks the course works on
a certain degree of its implementation, the contractor will invite the principal to
checking. If it comes on time or invite it in apparently inappropriate
time will allow the customer an additional control and costs with it
United.
(2) if the hirer fails to check on which he has been duly invited
or should take place according to the agreed timetable, may
the contractor shall continue to perform the work. The ordering party has the right to
perform additional checks, however, replaces the contractor costs
United prevented him from participating in the control of higher power and asked if the
additional control without undue delay, otherwise it is to be charged to all,
What additional control occurs.
section 2627
Hidden obstacles
(1) if it is established by the contractor in performing the work hidden obstacles relating to the
the place where the work is to be carried out, which made it impossible to perform the work agreed
in a way, it shall notify the customer without undue delay and shall propose to him the
the change works. To reach agreement on its implementation can change works
interrupt.
(2) unless otherwise agreed by the parties to the Treaty, it may, within a reasonable time
any of them to withdraw from the contract. The contractor has the right to the prize for
part of the work performed until an obstacle when expending the necessary
care to reveal.
section 2628
The takeover of buildings
Client does not have the right to refuse acceptance of the construction for the rare small
defects, which by themselves or in conjunction with other does not prevent the use of the building
functionally or aesthetically pleasing, or substantially restrict its use.
Construction defects
section 2629
(1) the Court will not admit the right of hidden defects, the customer has notified without
undue delay after her when sufficient care to find out,
not later than five years after the takeover of the building, says if the second
the party, that the law was not applied in time. The same is true about the hidden defect
project documentation and other similar transactions.
(2) the detailed legal prescription may in justified cases provide
the shortening of the period referred to in paragraph 1 for some part of the building for up to two
for years. Ujednají-shortening this period if the parties, shall,
If ordered by the weaker party.
section 2630
(1) if the vadně has been performed, whereas what he added, thanks to
the contractor jointly and severally
and the contractor, unless the sub-supplier) proves that the defect caused the only
the contractor's decision or who exercise supervision over the construction,
(b)) who supplied the building documentation, unless he proves that the defect did not cause
error in construction documentation, and
(c)) who conducted surveillance of the building, unless he proves that the defect construction
did not cause the failure of supervision.
(2) the contractor shall be exempted from the obligation of construction defects, if they prove that the defect
caused error in construction documentation provided by the person, which
client choice, or just a failure of supervision of the construction of the current
the person chosen by the client.
Section 4
Work with intangible result
section 2631
If the work in a different result than the making of things, or
maintenance, repair, or adjustment of things, the contractor during this activity,
as it was agreed and with the professional care so as to achieve the result of activities
specified in the contract.
section 2632
If it is not the subject of the works, the contractor shall deliver the tangible thing the outcome of their
the activities of the customer. Work with intangible result shall be deemed
submitted, if it is completed, and the contractor will allow purchasers of its use.
section 2633
The result of the activity that is the subject of the rights of industrial or other
intellectual property, the contractor shall provide persons other than
the customer, if so agreed. If the contract does not contain an explicit ban on the
This provision, the contractor is entitled to it, if it is not due to the
the nature of the works contrary to the interests of the principal.
section 2634
If the subject of the works of the result of the activity, which is protected by law
industrial or other intellectual property, it is considered that it
the contractor shall furnish the ordering to the end, arising from the contract.
§ 2635
The provisions of this section shall apply, mutatis mutandis, to the outcome of the activities of the
prepared in accordance with the provisions of the public promise (of the competition).
Episode 9
Health care
section 2636
Basic provisions
(1) the Agreement on the health care provider towards the originator commits
care in the context of their profession or course activities on health
treatment, whether it is the originator's or the third person.
(2) the payer pays the provider a reward, if it is agreed; It
does not apply if other legal prescription that health care shall be borne by
exclusively from other sources.
section 2637
Health care includes the Act examination or advice, and any other
services relating to the treatment immediately and that are kept
efforts to improve or maintain their health. Health care, however,
It is not the only activity consisting in the sale or other transfer of drugs.
Lessons
section 2638
(1) the provider clearly explaining the attended the intended examination
and the proposed health care; After the examination provider
explain the attended his State of health and health care and the next
the procedure. Asks if treated, he shall submit an explanation of the provider in
the written form.
(2) if it is not treated fully svéprávný, but still is able to conclude
instruct the appropriate explanation for his ability to understand;
the explanation shall be his legal representatives.
section 2639
(1) the explanation is duly filed, if it can reasonably be expected that the
understand your health condition treated, the way, the purpose and need for care
about the health consequences and the potential including the expected risk for their
health, as well as whether it comes in the account and any other way to care
health.
(2) if the service provider's Must be aware that the treatment caused the
the idea that health care reaches a specific result, though he knows or must
know, that result may not be achieved, and this is bound to the treated
to explain.
section 2640
(1) the Compromise if it would clearly and seriously the health status
the treatment, he may be the explanation submitted in full,
as soon as you no longer need to worry about the danger. It is considered that this right
the provider does not have, does not acknowledge the seriousness of the danger he and other zjevnost
the person providing health care in the field.
(2) if the explanation Is denied and if required by the interest of the treatment, it shall
understanding the other person responsible for ošetřovaným, unless other legal
the regulation provides for something else.
section 2641
If the treated gave clear, that's the explanation, does not wish to
, unless the risk of threatening the attended or any other person,
clearly exceeds its interest.
The rights and obligations of the parties
§ 2642
(1) to each of the Act in the context of health care requires the consent of
the treatment, unless the law provides that consent is not required. If he refuses
the treated consent, acknowledge the provider at his request in writing
the form.
(2) if requested by the provider or treated, it will confirm his second
party in written form, to what has been granted consent.
section 2643
(1) a provider shall proceed according to the contract with the care of sound expert, and it
in accordance with the rules of their field.
(2) notify the providers Treated according to the best of my knowledge
the necessary information and shall provide the synergy necessary in accordance with reasonable
expected to meet the obligations under the Treaty.
§ 2644
The provider will not allow another person to observe health care treatment,
unless he gave consent to do so. This shall not apply where the presence
the other person, to demonstrate the extent to which meet the requirements of professional
care.
section 2645
The provider is responsible for, that fulfils his obligations with the care of the proper
an expert; the arrangements that it exclude or limit, shall be disregarded.
section 2646
(1) it provides to health care in the medical device, the device
social services, or similar device, that Contracting Party
does not operate, must be treated, or principal in a timely manner, who is
the provider and the operator of a Contracting Party is not.
(2) If you cannot specify a provider, it considered him and the operator
facilities where health care was provided; This is true even if the
operator attended or principal shall communicate, without undue delay,
who is the provider. The opposite of an arrangement shall be disregarded.
Records of health care
section 2647
(1) the supplier shall keep records of health care, of which it must be obvious
data on the health status of the treatment and the provider's activities,
including documents to attest to the accuracy of these data, to the extent
necessary for the provision of proper health care. Records provider
kept as long as it requires the need for professional care.
(2) to the discretion of the provider's records and supporting documents and
the observations, which he handed over the treated or, where appropriate, the payer.
(3) in the records of the provider who always looked into them.
section 2648
(1) requests that the treated, will allow it to service provider without undue
delay to look into records, which leads him and allow him to take
the statements, copies or copies, where appropriate, shall issue to him alone against
the payment of reasonable compensation from them, a copy of the statement or copy of it.
(2) if the records also contain information about third parties, cannot be
without its consent.
section 2649
(1) unless otherwise provided in the Act of something else, you cannot make other records
person without the express consent of the treatment, he was also the originator
or representative of the treatment.
(2) has granted approval to the treated, or refused to grant it, the
It records that the provider of the treated leads.
section 2650
(1) without the consent of the treatment provider may disclose data about him in
the form for the purposes of scientific disidentified or statistical survey
concerning the health status of the population and its groups, if it can be
reasonably assume that consent cannot be at all or in a timely manner, and
and) if done with a security investigation, that there is a disproportionate
invasion of privacy of the treatment, or
(b) if the provider) data, in order to avoid subsequent discovery
which a human concern.
(2) the right referred to in paragraph 1 the provider does not, if the investigation is carried out
in the public interest, if it can be made even without the information about a specific
the treated or if the treated explicitly expressed disagreement with the
disclosure of information about ourselves.
section 2651
Treated, which is not the originator, health care may refuse; his
a rejection of the obligation.
Episode 10
Control activities
section 2652
Basic provisions
(1) the Treaty on the control activities of the Comptroller agrees to find out
impartial status of certain things, or to verify the result of certain activities and issue
about the control certificate and the client undertakes to pay him remuneration.
(2) to the arrangement, which imposes an obligation to which the controller could
affect the impartiality of control or the accuracy of the inspection certificate,
be taken into account.
section 2653
The Inspector will check with professional care according to the established method
control the time, place and extent of control, having regard to the State in
What is the subject of control was at the time of its implementation. The detected
describe the status of the control certificate.
§ 2654
The controller checks the extent and in the manner customary in similar
checks. It is considered that the check has to be made without undue
the delay in the place where the subject of the control is situated. Client shall notify the
controller in time, where the inspection is to take place.
section 2655
Client shall provide the controller the synergy necessary for the implementation of
checks, in particular to enable it to control access to the needed item.
section 2656
(1) the right to remuneration arises controller performing the control and release
the inspection certificate.
(2) Together with the right to remuneration arises to the controller and the right to compensation
the costs incurred in the implementation of the checks efficiently, unless from the nature of
These costs shows that are already included in the remuneration.
section 2657
If not, the client shall pay the agreed remuneration to the controller a reward in the amount of
the usual with regard to the subject, scope, method and place checks in the
the time of conclusion of the contract.
section 2658
The conduct of inspections shall not affect the legal relations between the customer and the
other persons, in particular persons, which is the subject of the inspection intended or from
which it is.
section 2659
If the controller does not control properly, does not have the right to compensation and reimbursement
the cost.
section 2660
(1) the controller shall replace the damage caused by the breach of the obligation to
properly check the extent to which the client cannot effectively
the application of the law to achieve compensation from defective performance against the person
undertake the controlled object. The Comptroller does not have the obligation to compensate for damage,
If the client failed to enforce its right against a third party in a timely manner, or
cannot recover because, what with the third person, he.
(2) the restrictions referred to in paragraph 1 shall not apply if the Controller assured the principal,
that regardless of the extent and the way of checking all the defects found, or
ensure the giver, that the control certificate is complete and correct.
section 2661
If the controller for the damage shall pass to the ordering him right
the principal to a third person, as if he was transferred.
Episode 11
The obligations from the contract on account, a single deposit, letter of credit and collection
Section 1
Account
Subsection 1
General provisions
section 2662
Basic provisions
Account agreement is the one who leads the account agrees to establish from a certain time in the
a currency account for its owner, allow inserting cash account
or cash withdrawals from the account or make transfers of funds
from the account or on the account.
section 2663
If the account is set up for multiple people, each of them the position of owner
account. The person handling the account. It is considered that their
shares of the funds in the account are the same.
section 2664
With the funds on the account, the account owner may, under the conditions
agreed in the contract and its agents to dispose of ujednaným way.
If this is the opposite of empowerment, not become extinct with the death of the principal.
section 2665
Ujednají-if the parties, that the one who leads the account allows the choice of cash or
performs the conversion of funds from the account, even though it does not account for the
plenty of funds, shall apply mutatis mutandis the provisions of the loan.
section 2666
If the account owner dies, the one who leads the account on the day following the
the date on which he was accompanied by the death of the account holder, the payment of cash and
transfers of funds from the account, for which the account holder has determined that
to continue after his death.
section 2667
The interest on the funds in the account shall be payable at the end of the calendar
of the month. The one who leads the account credited interest to the balance of cash
the funds on the account without undue delay after having become due.
section 2668
If the commitment expires, tackles the guy who leads the account, without undue delay,
receivables and debts on account, in particular, carry out transfers of
the funds from your account by means of payment and
cheques used to the date of dissolution of the undertaking, the account shall be cancelled and the cash
the funds shall be paid to the owner of the account.
Subsection 2
Payment account
section 2669
Another bill payment account. Another law also regulates transfers
the funds on the account, which is not a payment account, if
This is a payment transaction in accordance with another Act.
Subsection 3
Other than a payment account
section 2670
The provisions of this subsection shall apply to the account, which is paying
account. The provisions of this subsection shall also apply for the Insert
cash, cash withdrawal or transfer of funds by
on a payment account, if it is not a payment transaction under the
another law.
§ 2671
If the agreed interest, belong to the owner of the account from the date of crediting the cash
the funds on the account to the day preceding the date of their write-off of account.
§ 2672
The one who leads the account credited to him received or transferred the money
resources no later than the following working day after they won the right to
to dispose of them.
section 2673
(1) the one who leads the account, shall notify the account holder to insert or withdraw cash
or transfer of funds that occurred in the previous calendar
months ago, without undue delay after the end of the calendar month.
(2) the one who leads the account, the account owner shall notify, without undue delay after the
the end of the calendar year, the balance of funds on the account.
section 2674
Account owner may contract on account of the obligation to terminate without notice
time, even if the contract is concluded for a definite period.
section 2675
(1) the one who leads the account, the account of the Treaty obligation to terminate with
effect to the end of the month following the month in which the notice of termination has
the owner of the account.
(2) if the account holder fails to substantially agreed upon obligation,
may the one who leads the account of treaty obligation to terminate the account without
the period of notice.
Subsection 4
Passbook
section 2676
(1) a deposit book confirms the issuer passbook inserting cash
on the account and withdraw cash from your account. The account to which the deposit was issued
the book, they do not perform transfers of funds. Certificate of deposit
the book can be issued only in the name of the owner of the passbook. From
passbook must be evident above the cash flow on the account and its
changes.
(2) it is considered that the amount of funds on the account matches the records
in holding the book.
section 2677
With the funds on the account are treated by the owner of the passbook. Without
submission of a passbook, you cannot with the funds on the account
to dispose of.
section 2678
When the loss or destruction of, the issuer shall issue a passbook passbook
at the request of the owner of the passbook a passbook. This certificate of deposit
This book replaces the original passbook, which shall cease on the date of its
exposure effect.
section 2679
If the owner of the passbook not with the funds on the account
After a period of twenty years or do not present the passbook to supplement the records,
Removes the obligation on the expiry of that period; passbook owner has the right to
payment of the balance of funds on the account, including interest, on the date of
the cancellation of the undertaking.
Section 2
Lump-sum deposit
section 2680
(1) the Treaty establishing a single deposit, the depositor undertakes to provide
recipients of the deposit the hard lump-sum deposit a certain amount and the recipient of the deposit
undertakes to accept the deposit, after the extinction of the obligation to return it and
to pay the depositor interest.
(2) if the disposal of the deposit shall be conditional upon the communication of passwords and the depositor
the password does not know, the depositor may dispose of the deposit, if he proves that he
the deposit is due.
sec. 2681
Holding the leaf
The party holding a sheet of the recipient of the deposit confirms the hard lump-sum deposit on
duration of the party holding the worksheet provided.
Section 3
The letter of credit
section 2682
Basic provisions
Opening of the letter of agreement with the issuer of the letter commits to
principal post at his request and account for the benefit of a third person
(legitimate) letter of credit and the principal undertakes to pay the given issuer
credit reward.
§ 2683
(1) the issuer of the letter of credit shall notify the authorized in written form without the
undue delay after the conclusion of the Treaty, in favour of opening up
the letter of credit, and of its contents.
(2) the letter of credit contains at least determine that the issuer of the letter of
agrees to pay a certain amount, accept the Bill of Exchange or undertakes to
another implementation, as well as credit conditions specifying when it has
in order to meet the legitimate request from the issuer of the letter.
section 2684
The commitment of the issuer of the letter to the creditor is incurred by exposing the
Letter of credit. This commitment is independent of the commitment between by
Letter of credit and the originator and the commitment between the originator and authorized.
section 2685
The issuer of the letter of credit and may delegate to another issuer to
It has provided the performance. Provides authorized implementation of the issuer has the right to
compensation given to letter of credit; He was confirmed by the letter of credit, the
the right to potvrzujícímu given.
section 2686
Unless the credit expressly otherwise, the issuer of the letter of it change
or cancel only with the consent of the authorised and the payer.
Confirmed letter of credit
section 2687
(1) if the letter of credit at the request of the issuer letter of credit confirmed by a further
by, the creditor the right to meet and to potvrzujícímu
given since confirming the issuer authorized the confirmation of
Letter of credit.
(2) to change or cancel a confirmed letter of credit is required and the consent of the
confirming the issuer.
section 2688
Undertake a confirming the issuer authorized under the terms of the letter of credit, has
the right to compensation against the given credit.
section 2689
The issuer of the letter of credit, the creditor shall notify only that for him another
the issuer of the letter of credit opened the letter of credit, letter of commitment,
However, the damage was replaced if the notice is incorrect.
Documentary letter of credit
section 2690
(1) the issuer of the letter of credit when the documentary performs authorized,
If they are submitted in a timely manner documents intended his letter of credit in accordance with the
akreditivními terms and conditions. This also applies in the case where the documentaries
submitted to the given issuer authorized letter of credit.
(2) if the documentary credit is confirmed, will provide confirmation
the authorized issuer of performance if they are given, where appropriate, his authorised
Letter of credit submitted in a timely manner, the documents referred to in paragraph 1.
section 2691
The issuer of the letter of with professional care, to examine whether the content of the submitted
documents and their mutual relationship obviously correspond to conditions
designated by the letter of credit.
section 2692
If there is a loss of, destruction of or damage to the documents, at a time when it has
credit issuer, issuer of credit replaces the principal damage
This caused. This does not apply if the issuer of the letter could not damage
to stave off even when incurring professional care.
§ 2693
Other letters of credit
The provisions of the documentary credit shall apply mutatis mutandis to the
the letter of credit, under which you can claim a performance while meeting the other
conditions than is the submission of documents.
Section 4
Collection
§ 2694
Basic provisions
(1) collection agreement with the agent undertakes to procure for the collection
payer adoption of monetary amounts or other recovery Act by a third party and
the Orderer undertakes to pay the obstaravateli collection of the prize.
(2) where the amount of remuneration is not agreed, the payer shall pay the obstaravateli collection
reward the usual at the time of conclusion of the contract.
§ 2695
Agent collection prompts a third person to perform a recovery operation.
If the person refuses to meet the challenge, the collection agent shall submit a
principal report without undue delay.
§ 2696
The agent in the recovery process for procuring recovery with professional care
in accordance with the instructions of the payer. Not take place-if collection, it still does not constitute
the reason to penalize the agent conceded.
§ 2697
(1) What the agent conceded, when adopted, will issue a direct debit without undue
the delay to the originator.
(2) If a collection agent has accepted the paper or document, replaces the
principal damage caused by its loss, destruction or damage
a time when it had the agent conceded. This does not apply, if
the agent conceded the damage averted when incurring professional care.
section 2698
If the collection agent shall apply to the provision of another collection agent
According to the instructions of the originator, it does so on the account and risk of the Orderer.
Documentary collection
section 2699
When the documentary collection is the agent of recovery towards the originator commits
to issue third party documents, pay-if this person against release
documents a specific monetary amount, or done before the release of the documents
other recovery Act, and the principal undertakes to pay the obstaravateli collection
the reward.
§ 2700
If there is a loss of, destruction of or damage to the documents, at a time when it has
the collection agent, the agent will replace the collection of principal damage
This caused. This does not apply if the agent conceded the damage
to stave off even when incurring professional care.
Episode 12
The obligations of zaopatřovacích contracts
Section 1
Pension
§ 2701
Basic provisions
(1) the income of the payer contract undertakes to pay to the recipient the regular
cash benefits (pension).
(2) if the payer undertakes to pay the pension for life of any person
or for a period longer than five years, the agreement requires the written form.
§ 2702
If the duration of the commitment agreed, that the obligation to pay pension
lasts for the recipient's life.
§ 2703
If there is no agreed maturity of the pension benefits are payable monthly
ahead. If the person dies, for whose life pension was negotiated,
the payer shall pay the levy, which for the life of that person already has. If it has been
However, it agreed that a pension is payable, the payer shall pay the benefit behind
attributable to the time that the person was still alive.
§ 2704
The right to a pension, you cannot refer to another; to the opposite arrangement
be taken into account. The claim, however, you can assign the benefits payable.
section 2705
If the payer has established a retirement free of charge, may also reserve the
příjemcovi creditors cannot affect the recipient's benefits or exekučně,
even in insolvency proceedings. Such a reservation is effective as against third parties
and to the public authorities, but only up to the amount that the recipient
due to its conditions for its provision of urgently needs.
§ 2706
(1) if the pension Was granted in return for payment, not for non-payment of benefits
withdraw from the contract and demand the return of remuneration. This does not apply, if the
the payment of the pension and security lapses, or worse, without it
Bill-to customer within a reasonable time make up to the original range.
(2) if warranted by the circumstances, the court orders the sale on a proposal from the recipient
part of the plátcova assets and use the proceeds to pay the retired after
a reasonable time in the future.
Section 2
Výměnek
section 2707
Basic provisions
(1) the Treaty of výměnku the owner's immovable things requires in relation
with its transfer to himself or for a third person delights, acts or
the rights for the pension for life or for a fixed period and
transferee of real things is committed to provide a pension. If it is not
provided or stated otherwise, for the content of the rights of the výměnkáře
local practice.
(2) according to the content of the legal acts, which was established on the výměnek,
the Treaty of výměnku shall also apply to the provisions on the rights of the
výměnek, in particular on the servility of the apartment or retirement.
§ 2708
(1) if výměnek Is set up as a real burden, the licensee shall make a real
all that stuff is from his party needed to výměnek could be written into the
the public list. Waived if the výměnkář notation, can be in the public
the write property right of the transferee simultaneously with registration
výměnku.
(2) the owner of the immovable things can for yourself to write the future výměnek to
the public list before transferring the real things.
§ 2709
Even if it was not agreed upon the establishment of the výměnku, the person will be indebted
to the výměnku auxiliary výměnkáři, which acts strictly needs, in
disease, accident or similar emergency. This obligation is exempt,
provides the location of the výměnkáře in the medical or similar
the device. Does not oblige a person committed to paying the costs of výměnku
stay at the device specific legal reason, shall be borne by the výměnkář of his.
§ 2710
(1) changes the ratios of the extent that the person committed to the výměnku cannot be
a fair request that remained when the share transactions and
unless otherwise agreed by the parties, the Court may, on the proposal of the person bound to výměnku
decide that the natural výměnek wholly or partly replaces the financial
retirement; the Court may also, without design, save the person committed to the
výměnku, to the benefit of výměnkáře for the operator of an appropriate
the Provident device provident principal amount.
(2) if the výměnek Was converted into a pension the agreement of the parties, the Court may
or his decision to change, substantially changes the ratios.
(3) the decisions referred to in paragraph 1 or 2 not to accept such
the measures, which would be the provision of výměnkáře at risk.
section 2711
When the destruction of the building in which it was výměnkáři reserved dwellings, shall affix a person
eye of the výměnku výměnkáři at your own expense adequate alternative housing.
section 2712
Výměnek reserved for spouses is not reduced in the death of one of them.
section 2713
Výměnek unable to assign; You can only assign the right to the benefits payable,
but not to those whose scope is determined according to the personal needs
výměnkáře.
section 2714
Right on výměnek výměnkářovy is transferred to an heir.
§ 2715
If the agreement on the transfer of immovable things concluded in the context of the
the establishment of the výměnku, you cannot withdraw from it for non-compliance with the obligations of the person
committed to výměnku.
Episode 13
Company
Section 1
General provisions
§ 2716
Basic provisions
(1) if the contract undertakes several persons associate as partners for
the common purpose of activities or things, the company.
(2) if the Association assets, agreed to the validity of the Treaty requires
an inventory of the deposits of partners signed by them. It is considered, that was comprised of
just what gives an inventory.
section 2717
(1) if in the case of the company, shall apply mutatis mutandis
the provisions of the purchase; However, if is added just the right thing to use, the
mutatis mutandis, the provisions of the lease, and inserted the right thing to enjoy, the
mutatis mutandis, the provisions of the tenancy.
(2) Committed to companion to the business for the company, the
mutatis mutandis of the provisions on work, or on command.
section 2718
(1) Insert to companion to the company of all of its assets, it is considered that,
that is a fortune to the effectiveness of the present Treaty.
(2) the arrangement that the deposit also includes his future partner property
does not apply to property acquired by inheritance, unless it has been expressly agreed.
§ 2719
(1) cash and zuživatelné stuff, as well as the things specified by the
the type embedded in the society, are becoming the coownership of members,
who deposits have contributed; other things become their coownership
only when they have been awarded the money. Co-ownership shares members with the
Specifies the ratio of the values of the assets that each partner to the company
submitted by.
(2) subject to any other deposit shall become the companions of the right of free
the enjoyment.
§ 2720
The companion, which has pledged to contribute to the common purpose of the just activities, has
the right to share in profits and the right to use the stuff embedded in society,
However, it does not have the right to enjoy these things, it's not even a shareholder referred to in
section 2719, paragraph. 1.
Section 2
The rights and obligations of the partners to each other
§ 2721
On the mutual rights and obligations of shareholders shall apply mutatis mutandis to the provisions of
about the joint ownership.
§ 2722
(1) Whoever undertakes to contribute to the company only activities is not required to
another contribution. Who has pledged to contribute just the property, is not obliged to
take great pains to achieve a common purpose in a different way.
(2) the Partnership cannot be forced to contribute more than agreed to. If the
However, the ratios so that the common purpose could not be without an increase in the contribution of the
to achieve, can one who is not willing to increase their contribution, from the
company stand out, or be excluded from it.
section 2723
Ujedná-just what is to be inserted into the company's total, will contribute
each of the members equally.
§ 2724
To achieve the common purpose of all the companions of the přičiňují rule,
to the same extent. Arranged if the common matter in good faith,
has the right to compensation as příkazník.
§ 2725
Companion activity for the company personally and is not entitled to
membership in the company set up another person, or your membership
to advance.
§ 2726
Acts harmful to society are companion are disabled.
section 2727
(1) the companion must not without the consent of the other partners do on your own
or foreign account nothing, what he has given to the common purpose of the competitive
nature. If so, can the other companions claim to
this companion to such negotiations.
(2) if it had acted on its own account, the other associates
to claim that it was negotiating a companion declared made by the joint
account. Acted-if the companion to a foreign account, can the rest of the companions
to claim that they were in favour of the joint account will be transferred to the right to
reward or reward has been issued to them already granted. These rights
cease to exist, if not exercised within three months from the date when the
the entrepreneur about the negotiations, but not later than the year he learned from the date when the
the negotiations took place.
(3) instead of the rights referred to in paragraph 2 may require the other companions
compensation for damages.
§ 2728
(1) if the contract does not specify a ratio in which the partners involved in the asset
found for the duration of the company, the profit and loss of the company, are
their shares of the same. If the contract specifies the ratio in which the partner participates in
either on the property or just to profit or loss, the same
the ratio for other cases.
(2) the arrangement of the negative right to associate profit share does not have a legal
effects. The arrangement a negative obligation of the partnership to participate in loss
has legal effect only between the companions.
section 2729
(1) decisions on matters of company shall be taken by majority vote;
each partner has one vote. Arrangement or decision partners
to prevent a partner to participate in the decision-making process has no legal
effects.
(2) the decision to change the social contract must be received
unanimously.
Section 3
Administration of the company
section 2730
(1) the companions can divide the responsibilities in the management of common
Affairs in the manner they consider appropriate. If they do it is each
a companion due to these issues příkazníkem other
Associates.
(2) no partner may not substantially change its status or purpose
the joint property without consideration to the advantage of such a change.
section 2731
(1) the administration of the common things can instruct someone from your companions
the Center, or even a third person.
(2) if the administrator appointed in the social contract, it can be appealed only
reason, otherwise you can cancel his credentials as a
the command.
section 2732
The companion, who is not authorized to manage, not to dispose of the common
the property. Will do so against a third party, which is in good faith, cannot be
It relied on the invalidity of legal acts.
§ 2733
If charged with multiple administrators, without closer modified their scope,
It is each of them in the matters of the company individually.
§ 2734
Administrator leads properly accounts and an overview of the assets of the company;
shareholders of the company at regular billing including
revenue and expenditure, as well as profits, or losses, at least once a
the calendar year, not later than two months after its completion.
section 2735
Companion, even if the Administration does not, can convince marketing
the State of the company, reviewed the accounting records and other evidence, as well as
be informed about common issues, but in the application of this
rights must not interfere with the operation of the company more than necessary, nor to prevent
the other partners in the application of the same law. Ujednají-a
the companions of something else, be taken into account.
Section 4
The rights and obligations of members to third parties
section 2736
Of the debts arising from joint activities are companions committed against
third parties jointly and severally.
section 2737
(1) if the companion in the common Affairs with a third person, shall be deemed to
for the příkazníka of all the shareholders. Ujednají-if something's companions
another, it cannot be argued against the third party, acting in good faith.
(2) If a partner in common with the third party's own affairs
on behalf of the other partners may not invoke the rights arising from this, the third
the person is, however, committed only against the person with it legally. It
does not apply, if the third person known to the partner is acting on behalf
the company.
section 2738
(1) if someone is pretending to be, that is a companion, although it is not, are real
the companions of his action against a third party bound together and
severally liable with him, if
and one of the companions) gave to the fallacy of the third party complaint, or
(b)) when the companions of the expending the necessary care such a mistake to predict
but none of them has not taken the steps to putting mislead third parties
prevent.
(2) paragraph 1 shall not apply, if the third person in good faith.
Section 5 of the
Loss of membership
section 2739
The companion may withdraw from the company, even if the duration of the
the company agreed on a temporary basis; but not in inappropriate time or to
the detriment of other shareholders. From the serious reasons can, however, get off
at any time, even when the agreed period of notice.
section 2740
(1) where the obligation of the contract partner substantially, it may
be excluded from the society. It may also be excluded,
and if it was on) his assets insolvency proceedings initiated on its proposal,
(b)) if he went to the proposal on the opening of the insolvency proceedings,
which addresses the decline of his or the impending bankruptcy, or
(c)) has been in insolvency proceedings decided to decline.
(2) restrictions on partnership in mom is the reason for the exclusion of
Companion only if its status to the detriment of the company.
section 2741
(1) Companion, whose membership had disappeared, has the right to be charged
and given everything to him on the day of the demise of the membership. Share of assets
found for the duration of the company shall be paid to him in cash.
(2) when the demise of the membership will be charged and settled the other
companions all of what was owed to the company.
section 2742
Heir to the companion becomes a companion, however, the rights provided for in §
2741.
section 2743
(1) if it has been agreed that social contract is valid for an heir,
the heir to the company instead of the entry of the testator. Such arrangements
You cannot bind the heir or heirs.
(2) if there is no heir to carry on the activity of the company, to which the
the testator, may be reduced by a reasonable part of the market share.
Section 6
The demise of the company
section 2744
The company shall cease, if the parties agree about the companions, to, with
the conditions agreed in the social contract, if the time period for which
the company agreed, if the purpose for which the company was
established, or if this purpose impossible.
section 2745
If the partner dies without having agreed that the social contract is true
for his heirs, the company had two shareholders. If it is to
the company has more members, it is considered that the other companions want to
to remain in the company.
section 2746
(1) if the company ceases to exist, the administrator shall submit a statement pursuant to section 2734
not later than two months after its demise.
(2) Shareholders shall be issued, what is their property, and common property
shall be divided in accordance with the provisions on the settlement of the co-ownership.
Episode 14
Quiet company
section 2747
Basic provisions
(1) the Treaty on the peaceful society with silent partner undertakes to deposit,
which will participate for the duration of the silent society on
the results of the business entrepreneur, and businessman agrees to pay
silent partner share in the profits.
(2) the silent company can be agreed to the participation of the silent partnership contribution
only one of the races on the operation of the business.
section 2748
(1) the silent partner shall transmit to the entrepreneurs the subject of deposit without undue
the delay after the quiet company, or allow him to dispose of him.
(2) the following-if the immovable thing, takes her on to entrepreneur duration
quiet company exploitation and požívací right. If the subject of deposit something
else, it is considered that the entrepreneur took to the subject of the creation of the silent
the company's ownership.
§ 2749
(1) the silent partner has the right to inspect the commercial documents and accounting
the records of the entrepreneur. The arrangement, which restricts this right or
excludes, is not taken into account, shall certify to the silent partner a reasonable reason
to believe that commercial documents and accounting records are not kept properly
or fairly.
(2) the entrepreneur shall issue a copy of the financial statements the quiet Companion without
undue delay after its compilation and eventual approval, if the
required; to the opposite of the arrangement shall be disregarded.
section 2750
(1) apart from the quiet company of all legal facts
arising from business thank just a businessman.
(2) if the name of the silent partnership contribution contained in the name of, or in
business entrepreneur, the company shall be liable for the debts of the silent partner of the entrepreneur.
(3) If a silent partner shall declare the person with whom the entrepreneur is the
the conclusion of the contract, that they are taking the two together, shall be liable for the debts of the entrepreneur
resulting from the concluded contract.
The share of the silent partnership contribution to profit or loss
section 2751
(1) the silent partner participates in the profits or loss of business
the agreed amount, or in the amount of the specified due to the amount of the deposit and
established practice of the parties, where appropriate, due to the practice. The arrangement,
the silent partner is not taking part of the profit or loss,
be taken into account.
(2) the amount of the share of the silent partnership contribution is determined from the net profit. Creates a
Entrepreneur Fund, which must not arbitrarily dispose, shall be deducted from the
net profit of the statutory allocation to such a Fund.
section 2752
Share of the profit shall be paid by the entrepreneur within 30 days after the copies of the book
the shutter and its eventual approval, if required. The silent
Companion is not growing its share of the profits that will result.
§ 2753
(1) The loss of the silent partner involved as well as on profit; to
the opposite of the arrangement shall be disregarded. The share of the silent partnership contribution to loss
his deposit reduced; the silent partner is not obliged to deposit of the share on the
loss supplement.
(2) If a silent partner has already paid a share of the profit, it is not
obliged to return it later lost.
The demise of the quiet company
§ 2754
(1) if the silent company agreed on a period of time, it can be
terminate not later than six months before the end of the accounting period.
(2) the silent company also shall be deleted,
and if the proportion) the silent partnership contribution in the amount of his loss of deposit,
unless the share of the loss shall reimburse or make a deposit,
(b)) if the business closes, which the company still applies, or
(c)) it was decided about the decline of the entrepreneurs or the silent partnership,
cancellation of bankruptcy after completion of the rozvrhového resolution, clearing the bankruptcy
Therefore, that the property is entirely insufficient, or rejection
insolvency for lack of assets.
§ 2755
Entrepreneur issues a silent companion, without undue delay after the demise
quiet company deposit share in the outcome adjusted for your business
According to the State on the date of demise of the quiet company.
Episode 15
The obligations of the treaties
Section 1
General provisions
§ 2756
Depends if under the arrangement of the parties favour, or against at least one
of the Contracting Parties on an uncertain event, it is a contract.
§ 2757
For the obligations of the treaties shall not apply the provisions of changed circumstances
(§ 1764 to 1766) and neúměrném truncation (section 1793 to 1795).
Section 2
Insurance
Subsection 1
Basic provisions
§ 2758
(1) the insurance contract with the insurer to the policyholder undertakes to
provide him or a third person the insurance benefit, if you salvage
the event covered by the insurance (insured event), and the policyholder undertakes to
pay insurance premiums to the insurer.
(2) if there is no deal on the insurance insurance period shorter than one year,
the contract requires the written form. If the policy holder has accepted the offer in a timely
the payment of insurance premiums, the written form of the contract for the retained.
section 2759
(1) unless the menu, when adopted, requires its
acceptance within one month from the date of service of the offer to the other party; If
However, the conclusion of contracts subject to the medical,
acceptance of the offer within two months. The offer of the insurer, the policyholder can
accept the timely payment of insurance premiums in the amount listed in the menu.
(2) if the answer to the offer for a new proposal, that was
rejected, unless the other party within one month from the date of
delivery.
(3) If a Party proposes the amendment of the Treaty, the provisions of paragraphs 1 and 2
Similarly.
§ 2760
Before concluding the contract, the insurer shall notify the insurance information
whose scope and provides another way to pass the law governing
the insurance industry. This also applies to the facts to which the change occurs for
the duration of the insurance.
The insurance interest
§ 2761
The safety concern is justified the need for protection against the effects of the insurance
the event.
§ 2762
(1) the policyholder is retaining an interest in their own life and health. It is considered
the fact that the policyholder is an insurance interest on the life and health of other persons,
If interest proves a conditional relationship to this person, whether resulting from
kinship, or shall be subject to the benefit or advantage from the continued
of her life.
(2) the policyholder is an insurance interest on your own property. It is considered that the
the policyholder is retaining an interest in and to the property of another person, shall certify that the
without him, its existence and preservation of the threatened direct property loss.
(3) if the insured person Gave consent to the insurance, it shall be deemed that the insurance
the policyholder's interest has been demonstrated.
§ 2763
When property insurance can be insured and future insurance interest.
If the contract has been concluded with a view to the future business, or other
a future interest, which does not, is not the policy-holder shall be obliged to pay the
insurance premiums; However, the insurer has the right to equitable remuneration, if it was
It's a deal.
§ 2764
(1) if the lead didn't have insurance interest and the insurer about when closing
the contract knew or had to know the contract is invalid.
(2) if the policyholder intentionally Concealed non-existent insurance interest, but
the insurer did not know about it or not, the contract is invalid;
the insurer, however, belongs to the remuneration corresponding to the premiums until the time when
the invalidity of the learned.
section 2765
If insurance lapses interest for the duration of the insurance, and the insurance lapses;
However, the insurer has the right to the insurance up to the time when the extinction
insurance interest.
section 2766
The insured person
The person on whose life, health, property or liability or other
the value of insurance interest, covered by insurance is insured.
section 2767
Foreign insurance premiums risk
(1) If a policyholder in own benefit agreement related to
insurance risk as a possible cause of the occurrence of the insured event, the third
the person may exercise the right to the insurance benefit, if he proves that the third
the person with the content of the contract and that, being aware that the right to
the insurance becomes effective, the policyholder agrees to indemnity
adopted the following opinion. To be a descendant of the policyholder, the insured person who is not fully
svéprávný, does not require special consent, if the policy holder is myself
the legal representative of the insured and is not about property insurance.
(2) Requires the consent of the insured person if, where appropriate, of his legal
the representative, unless the consent of the policyholder in the agreed time, otherwise the
three months from the date of conclusion of the contract, the insurance expires the expiry of this
of the period. If in this time of the insured event, without consent,
gaining the right to indemnity the insured person; If the insured event
the death of the insured, shall have the right of a person referred to in section 2831.
(3) if the policyholder shall forward the contract without the consent of the insured person, where necessary,
his legal representative, shall not transfer the contract. It
does not apply, if the assignee is the person for which the consent to the insurance
the insurance of insured risk does not require.
(4) the date of death or date of pojistníkovy its demise without the legal
the successor enters the insurance the insured person; If, however, the insurer shall notify the
the written form within thirty days from the date of pojistníkovy of death, or from the date of
its demise, that the duration of the insurance is not interested, the insurance expires on the date of
death, or on the date of demise of the policyholder. The effects of delay to the insured person
There are not earlier than the expiration of fifteen days from the date when the insured person for
your entry into insurance learned; shorter time to arrangement
be taken into account.
section 2768
(1) if the contract is concluded in favour of the third persons, may this
the person occur also in the application of the law on additional insurance
the performance. A third person has the right to the insurance indemnity, the insured person, a
his legal representative, where appropriate, third party consent to the adoption of
insurance benefits after he was acquainted with the content of the Treaty.
(2) if it is in favour of the third persons insured foreign insurance risk
It shall apply, mutatis mutandis, to section 2767.
section 2769
Equal treatment
If the insurer uses as point of view when determining the amount of the premiums or for
calculation of indemnity nationality, racial or ethnic origin, or
the other aspect is contrary to the principle of equal treatment referred to in another Act, the
no account to increase or to reduce the insurance indemnity on
the basis of these considerations. This also applies in the case, if the aspect when
the determination of the amount of the premiums or for the calculation of indemnity applied
pregnancy or maternity.
section 2770
Authorized person
The beneficiary is the person who as a result of insured event
entitled to indemnity.
§ 2771
The arrangement for the shortening or extension of the period of limitation shall be disregarded.
§ 2772
(1) if there is no agreed time the formation of insurance, the insurance, the first
on the day following the date of conclusion of the contract.
(2) if it has been agreed that the insurance covers the period before the date of
the conclusion of the contract, the insurer is not obliged to provide indemnity,
If the policyholder at the time knew or had to know the menu and that the insurance
the event has already occurred, and the insurer does not have the right to insurance, if at the time of
the menu and knew or should have known, that the insured event cannot occur.
section 2773
(1) the legal acts concerning the insurance requires the written form,
unless the parties to the ujednají that this form is not required.
(2) the notice shall require the written form, only if it agreed.
However, if the policyholder so requests in written form the insurer about the communication of data
important for performance under the contract, the insurer shall provide it without
undue delay in written form.
section 2774
Insurance conditions
(1) the insurance conditions shall define the details of a rule, the duration and the
the demise of the insurance, the insured event, the exclusions from insurance coverage and how to determine the
the scope of the indemnity and its maturity.
(2) where reference is made to the terms of the contract of insurance, the insurer shall become familiar with them
the policyholder prior to the conclusion of the contract; This does not apply, if the
agreement in the form of trade. The provisions of § 1845 shall apply mutatis mutandis.
Fuse
section 2775
(1) an insurer shall issue the policyholder insurance as confirmation of the conclusion of the
of the Treaty.
(2) for loss of, damage to, or destruction of insurance the insurer shall issue the
the request and cost of the policyholder duplicate insurance; It shall apply mutatis mutandis to
the issue of a copy of the contract.
section 2776
If the contract is the obligation to submit the policy to the application of the law on
the insurance, the insurer may require that the original fuse
before issuing a judgement umořila.
section 2777
(1) if the contract has not been concluded in writing, the insurer in
insurance policy of at least
and) the contract number,
(b) the insurer and the policyholder) designation,
(c) the authorised person or) identifying how it will be determined,
(d) the insured event and insurance) risk
(e) the amount of the premiums, the) maturity and whether it is an insurance
regular or one-off,
(f)), insurance period,
(g) the derogation from the arrangements) where relevant insurance terms and
(h)) was in insurance of persons agreed, that the person will be
share in the yields of the insurer, then the way to determine the amount of the share.
(2) if the contract Is concluded in written form, shall contain the information
referred to in paragraph 1 shall be entered in the insurance policy, the insurer and at least
and) the contract number,
(b) the insurer and the policyholder) designation,
(c) the authorised person or) identifying how it will be determined,
(d) the insured event and insurance) risk and
(e)) the insurance period.
(3) in determining the persons referred to in paragraph 1 or 2 shall indicate their name or
name, address, residence and identifying information. This also applies
then, if it is to be determined by the insured person.
§ 2778
To the arrangement whereby the parties to derogate from section 2775, 2777 or
be taken into account. This also applies in the case where the policyholders give up the rights to release
the fuses.
Compulsory insurance
section 2779
(1) if the other Act to a person the obligation to take out insurance
the contract can be in the Treaty, derogate from the provisions of this section only
then, if the law allows, and if it is not to reduce the scope of the
insurance provided by another law.
(2) if so, another law, the obligation of the insurer to conclude
the insurance contract, to provide indemnity
also, if the damage was caused by intentional acts of the policyholder,
the insured person or the other person.
§ 2780
When the compulsory insurance, the insurer may refuse indemnity only
If putting false information, incompletely answered
queries made in a written form or knowingly false or grossly
distorted data involved exclusively or even damaged by another person with the knowledge
the injured party.
section 2781
The insurer has the right to withdraw from the contract or to terminate the mandatory
insurance, only if another law admits. This does not prevent other
understanding the founding another right to recourse insurer policyholder, or
of the insured person in case of a breach of their obligations.
Insurance
section 2782
(1) the insurer is entitled to the premium for the insurance period.
(2) if the insurance ceases to exist as a result of the insured event,
the premium to the insurer by the end of the insurance period during which insurance
the event occurred; in this case belongs to the insurer a lump
full insurance.
section 2783
(1) if the time of the insurer on the insurance premium agreed, the
such right to the insurer on the date of conclusion of the contract.
(2) the single premium is due on the date of commencement of the insurance. If
agreed common insurance, the premium is due on the first day of the period;
If there is no agreed insurance period as the time period for which you pay
regular premiums, the insurance shall be deemed agreed annual period.
(3) if so requested by the policy holder, it shall communicate to him the insurer the policy for determining the
the amount of the insurance premium.
section 2784
The insurer is obliged to accept the premium payable and other payable
Receivables from insurance and from the pojistníkova, from the lender's Lien
the persons concerned or from the insured person.
§ 2785
(1) if the conditions in the contract signed, which has
the insurer the right to adjust the amount of the premiums on the new normal for more insurance
the period cannot be without agreement with the policyholder insurance premiums change.
(2) If an insurer's Reserves the right to change the amount of insurance from another
than change the conditions decisive for determining the amount of insurance premiums
or if the insurer's reserves the right to change the amount of the insurance of persons
insurance premiums depending on the age or State of health, be taken into account to
it.
§ 2786
(1) if the insurer the amount of premiums, it shall notify the policyholder
not later than two months before the date of maturity of the insurance premiums for insurance
the period in which the amount of the change.
(2) if the policyholder does not agree with the change, the opposition demonstrate in
one month from the day when he learned about it; in this case, the insurance
expires on the expiry of the insurance period, on which the premiums were paid.
However, if the insurer is informed to this effect of the policyholder in the communication
referred to in paragraph 1, the period of insurance and the premiums are still in
disapproval of the policyholder does not change.
section 2787
The insurer is entitled to deduct from the indemnity payable, receivable
insurance or other insurance claims. This does not apply in the case of
the obligation to provide indemnity insurance; the opposite of
the arrangement shall be disregarded.
section 2788
Obligation to true communication
(1) if the insurer shall Furnish in writing to those interested in the insurance
negotiations on the conclusion of the contract or of the policyholder in the negotiations on the revision of the Treaty
on the facts that are relevant to the pojistitelovo decision, as
judge the insurance risk, whether it is the case, and under what conditions, the answer
the candidate or the policyholder the questions truthfully and completely. The obligation is
be considered properly to be satisfied, if not zatajeno nothing in the response
substantial.
(2) what is provided for in paragraph 1 of the obligations of the policyholder, shall apply mutatis mutandis
for the insured person.
§ 2789
(1) if the insurer's Must be aware of the irregularities in the conclusion of the contract
among the offered insurance and zájemcovými requirements, notify him on them.
While taking into account the circumstances in which, and the manner in which the
the contract is concluded, as well as this, if the other party in concluding a contract
assisted by an independent provider to insurers.
(2) the Queries to the lead in the negotiations for the conclusion of the contract or the policyholder
during the negotiations on the revision of the contract in written form the insurer on the fact
for insurance, the insurer will answer these questions truthfully and completely.
The change of insurance risks
§ 2790
(1) if the circumstances that were listed in the contract, or
the insurer said (2788), so significantly, that increase the likelihood of
occurrence of the insured event of the agreed insurance, specifically the danger
increases the insurance risk.
(2) the policyholder shall not, without the consent of the pojistitelova do anything that increases the
the insurance risk of a third party, or allow; If it subsequently,
that without the consent of the pojistitelova, that the insurance risk
This increase, the insurer shall notify without undue delay. Increase
insurance risk independently of the will of pojistníkově, it shall notify the policyholder
the insurer, without undue delay after he learned about it.
(3) if the insured foreign insurance risk, the obligations laid down in
paragraph 2, the insured person.
section 2791
(1) if the insurer can prove that the contract would be for other conditions,
If the insurance risk in increased scope existed already in the
the conclusion of the Treaty, has the right to propose a new amount of the insurance premium. If it fails to
so, within one month from the date when the change was announced, his right
shall cease.
(2) if the proposal is not accepted or the newly designed premium paid in agreed
the time of, or within one month from the date of receipt of the proposal, the insurer has
the right to terminate the insurance with an eight-day notice; This right, however,
the insurer does not warn if the testimony is already in the design.
Notice of insurance if the insurer within two months from the date on which it received the
opposition to the proposal, or when time has expired in vain in accordance with paragraph 1,
his right to terminate the insurance lapses.
section 2792
If the insurer proves that the relation to the conditions valid at the time
the conclusion of the contract the contract closed, there would be a risk to the insurance in
increased the range of already when concluding a contract, has the right to insurance
terminate with the eight-day notice. Notice if the insurer insurance
within one month from the date when the change was announced, cease his
the right of cancellation insurance.
section 2793
(1) the breach of the obligation to notify the policyholder or the insured increase
the insured risk, the insurer has the right to terminate without insurance
the period of notice. If the insurer denounced insurance premiums up to him belongs
by the end of the insurance period during which insurance. disposable
insurance belongs to the insurer in this case. Notice if the
insurance, the insurer shall, within two months from the date of the increase
the insured risk lapses of his learned the right terminate the insurance.
(2) breach of the obligation to notify the policyholder or the insured increase
insurance risk, and there was a change after the insured event, the
the insurer the right to reduce the indemnity in proportion to what is the ratio of the
premiums received, to the fuse, which should receive, if
He was on the increase in the insured risk of the notification in a timely manner.
section 2794
Be reduced considerably if the insurance risk in the insurance period, the
the insurer the obligation to reduce premiums in proportion to the reduction in premiums
the risk with effect from the date of this reduction.
section 2795
(1) the provisions on the increase in the insured risk shall not apply, if the
the increase in risk was due to the inhibition or reduction of damage later, or
as a result of the insured event, or as a result of the negotiations from the
humanity.
(2) For insurance against illness, the provisions on the change
insurance risks. For the insurance of persons for other cases
the provisions on the change of insurance risks shall not apply, if the insured
the risk in the course of the duration of insurance; If this change reflected
in the calculation of premiums, the obligation of notification to the insurer,
If the policyholder or the insured notified.
The investigation of insurance events
§ 2796
(1) if the event Occurs, that the one who is considered a legitimate
a person combines the requirement of indemnity, the insurer shall notify without
undue delay, shall submit a truthful explanation of the occurrence and extent of
the consequences of such an event, the rights of third parties and of any
multiple insurance; at the same time the insurer shall submit the necessary documents
and proceed in a manner ujednaným in the contract. If the policyholder is not at the same time
or the insured, have these obligations and the policy holder and the insured person.
(2) the same notification can make any person, which has the insurance
implementation of legal interest.
§ 2797
(1) the insurer shall commence without undue delay after notification according to § 2796
the investigation required to ascertain the existence and the scope of its responsibilities.
The investigation is completed the communication of its results to the person who has exercised the right to
on the indemnity; at the request of that person, the insurer in writing her
they justify the amount of the indemnity, if appropriate, the reason for his rejection.
(2) if the notification contains knowingly false or grossly distorted
material information relating to the scope of the notified event, or if the length
it consciously the information relating to this event, the insurer has the right to
pay the costs of the investigation incurred by efficiently on the facts on which he
These data have been communicated or zamlčeny. It is considered, that the insurer
costs in the amount of the proven functional.
(3) Occurs when the policyholder, the insured or any other person who applies on
the insurance law, the costs of the investigation or their increase in the violation of the
the obligations of the insurer has against him, right to appropriate compensation.
§ 2798
(1) if the maturity of the indemnity agreed, is due to the
fifteen days from the date of completion of the investigation.
(2) If you cannot terminate the investigation necessary for the establishment of the insured event,
the scope of the claims or to determine the persons authorized to accept
claims within three months from the date of notification, the notifier, the insurer
communicate why you cannot terminate the investigation; If so requested by the notifier, it shall communicate to him the
the insurer the reasons in writing. The insurer shall provide to the person who
applying the right to the insurance indemnity, on its request for indemnity
reasonable advance; This does not apply if there is reasonable cause to advance
deny.
(3) if the insurer the obligation referred to in paragraph 2 of the causes on their
the party is in arrears; to the opposite of the arrangement shall be disregarded.
section 2799
If you intentionally caused the insured event, either the person who claims the right to
on indemnity, or from its initiative, the third person, the right to
indemnity only if this is expressly stipulated, or
If this or any other Act.
section 2800
The consequences of the breach of the obligations
(1) if in consequence of the violation of the obligations of the policyholder or the insured
in the negotiations on the conclusion of the Treaty or amend a deal less
premiums, the insurer has the right to reduce the indemnity by a percentage,
What is the ratio of premiums received, premiums, which had
to receive it.
(2) if the infringement of the policyholder, the insured or other
the person who has the right to the insurance indemnity, a significant influence on the formation of
of the insured event, its course, to enlarge the scope of its consequences
or the finding or determination of the amount of indemnity, the insurer has the right to
to reduce the insurance indemnity in proportion to what effect should this infringement on
the scope of the pojistitelovy responsibilities.
§ 2801
Interruption insurance
(1) the insurance is terminated, unless the premiums paid; break time
will conceive the expiry of two months from the date of maturity of the insurance premiums until his
payment.
(2) if the insurance during the insurance period, doesn't take a break
the obligation to pay the insurance premiums and the right for the event, which
at the time of the interruption occurred, and they would have been otherwise insurance events. Time
interruption insurance is counted into the period of insurance, only if it is
expressly agreed.
(3) if there are lawful grounds for the duration of the compulsory insurance, you cannot
compulsory insurance. Life insurance can be interrupted, only if the
It's a deal.
Termination of the insurance
section 2802
To the validity of the agreement on the dissolution of insurance requires the parties in it
ujednaly, how to deal. If this is not the moment of dissolution of insurance negotiated,
, died on the date when the insurance agreement took effect.
section 2803
(1) the insurance shall cease on the expiry of the insurance period.
(2) if the insurance Was agreed for a certain period, you can make that
the expiry of the periods of insurance, if the insurer or perish
the policyholder at least six weeks before the expiry of the insurance period of the other side
not that he's not interested in further duration of the insurance. If not terminated
insurance and are not signed to the conditions and the period of extension, the extended
insurance under the same conditions for the same period during which it was agreed.
section 2804
Upomene-if the policyholder, the insurer for the payment of premiums and instruct him in the
a reminder that insurance expires, unless the premiums paid or in the
additional period that shall be fixed at least in the duration of one
months from the date of the delivery reminder, the insurance expires the end of waste
This period.
section 2805
The insurer or the policyholder can terminate the insurance
and eight-day notice) within two months from the date of conclusion of the contract,
or
(b)) with a monthly notice within three months from the date of the notification of
of the insured event; If, however, denounced the insurer life insurance
be taken into account.
section 2806
The policyholder can terminate the insurance with an eight-day notice
and, within two months) from the date when he learned that the insurer has
the determination of the amount of the premiums or for the calculation of the insurance aspect of the
prohibited in section 2769,
(b)), within one month from the date when the notice of transfer
portfolio or its parts or the conversion of the insurer, or
(c)) within one month from the date on which the notification was published, that
the insurer has withdrawn authorization for the operation of the business of insurance.
section 2807
If it is agreed with the normal insurance premiums, insurance
the basis of the testimony of the insurer or of the policyholder at the end of the insurance
period; However, if the notice of termination is delivered to the other party later than six weeks
before the day on which expires the period of insurance, the insurance shall expire at the end of
following the insurance period. If the insurer denounced the
insurance, no to the testimony.
§ 2808
(1) If a policyholder or the insured person intentionally or negligently
the obligation provided for in § 2788, the insurer has the right to contract
to resign, if that would be a truthful and complete answering questions
the contract closed. The policyholder has the right to withdraw from the contract, if
the insurer the obligation provided for in § 2789. The right to withdraw from the contract
shall cease if the party fails, within two months from the date when found
or had to determine violations of the obligations provided for in § 2788.
(2) If a policyholder Withdraws from the contract, the insurer will replace him in one
months from the date when the resignation becomes effective, the premiums paid
less about what has or from insurance fulfils; resigned from the
the contract, the insurer has the right to offset the costs associated with the creation and
the administration of the insurance. If an insurer withdraws from the contract, and if already
the policyholder, the insured or any other person claims, replace in the same
limit what insurers paid claims exceeds the
premiums paid.
(3) where a contract is concluded at a distance, by means of trade policy-holder has
the right for any reason to withdraw from the contract within fourteen days from the date
the date of its conclusion or the date when he was informed of the insurance
conditions, if this communication occurs at his request after the conclusion of the
of the Treaty. In the case of the insurance industry within the living
According to another law, insurance policy holder is entitled to withdraw from the
the contract within 30 days from the date on which it received the notice on the conclusion of the
trade at a distance, or from the date when he was informed of the insurance conditions
If this communication occurs at his request after the conclusion of the contract; It
is true even if, when the contract was concluded otherwise than in the form of trade
at a distance.
(4) paragraph 3 shall not apply to contracts that fall within the insurance help
persons in distress while traveling or away from their places of residence
including insurance of financial losses directly related to the
travel, if these agreements have been negotiated for a period of less than
one month.
(5) If a policyholder Withdraws from the contract pursuant to paragraph 3, he returns
the insurer shall, without undue delay, but not later than 30 days from the
the date when the resignation becomes effective, the premiums paid; in doing so, has
the right to deduct from the insurance has already filled. However, if the insurance was
the performance of paid in excess of the amount of premiums, returns
the policyholder or the insured person or the insurer of the amount obmyšlený,
paid claims, which exceeds the premiums paid.
section 2809
The insurer may refuse to pay indemnity if the cause of the insurance
the events of the fact
and) learned only after the occurrence of the insured event,
(b)) that when negotiating insurance or could not detect changes in the
as a result of culpable violation of the obligations provided for in § 2788 and
(c)) if the knowledge of this fact when the contract this
the contract closed or closed for other conditions.
section 2810
The insurance terminates the demise of insurance interest, termination of insurance
the danger, on the date of death of the insured person, the date of demise of the insured legal
persons without legal successor or the date of the rejection of the claims.
Subsection 2
Injury insurance
section 2811
The scope of the
When the insurance, the insurer shall give škodovém claim, that in
the extent of the loss of assets that balances arising out of insurance
the event.
section 2812
Change the ownership of insured property
If it has not been explicitly agreed that the change of ownership or insurance
joint ownership of the insured property, the insurance expires on the date does not terminate the
notice of this change to the insurer.
Limit of indemnity
section 2813
If the agreed limit of indemnity, it is considered, that by
on one claim.
section 2814
(1) Ujedná if the indemnity limits the upper boundary, the
This limits the insurance amount or limit of indemnity.
(2) If, when property insurance determine its insurance value when
the conclusion of the contract, the policyholder shall, on a proposal from the upper limit of the insurance
the performance of the insurance amount of the relevant premium value
insured property at the time of conclusion of the contract. The insurer has the right to
review at the conclusion of the contract the value of insured property.
(3) If you cannot determine when property insurance the insurance value when
the conclusion of the contract, the policyholder shall, on a proposal from the upper limit of the insurance
implementation of the limit of indemnity. This limit is ujedná, even if that
the insurance applies only to the portion of the value of the insured property by the
paragraph 2 (fractional). Matches if the insurance interest, you can
the following specify the upper limit of indemnity for insurance under the
of paragraph 2.
section 2815
Ujedná-if the contract explicitly, that the person to whom the right to
indemnity, will go to bear the loss of the property, the amount does not exceed the
agreed upon limit, or that this person will be a part of the loss of the asset
borne by the insurer is not obliged to provide indemnity to the extent
following the agreed participation.
section 2816
Plural of insurance
If the same safety interest of the insured against the same risk premiums and
for the same period of time with several insurers, the plural of insurance. Plural
insurance may arise as
and co-insurance), if the contract between the policyholder and the more
the insurer represented the head of the insurer and has pledged to
policyholders pay a single premium
(b)), does not exceed the concurrent insurance-insurance amounts to a summary of the
the insurance value of the insured property or does not exceed the sum of the limits
the actual amount of the indemnification, damages or
(c)), multiple insurance, exceeds the sum insured
the insurance value of the insured property or, if the sum of the limits
claims the actual amount of damages.
section 2817
Co-insurance
(1) if agreed, the co-insurance the insurer specified in the contract manager
sets out the conditions of insurance and the amount of the premiums, coinsurance, manages
notification of the insured event takes over and leads the investigation necessary to
ascertain the extent of the obligations of the insurers to provide indemnity; in
to this extent, acts on behalf of other insurers. If not negotiated
the way the income premiums, the insurer and insurance manager accepts.
(2) in the framework of the co-insurance may be concluded both between the policyholder and more
insurers, who it's common to certain insurance
insurance risk, and it's all in the name of and on behalf of insurers, and determine the
the head of the insurer, or in the discharge of his duties, commissioned
the joint body created for this purpose, or insurance
provider qualified under another law for a higher degree of
professional competence.
(3) the right to indemnity shall be applied against the leading insurer.
Insurers between themselves mutually settled according to their shares;
If the shares were not signed, are the same.
(4) when the liquidation of the insurer with its obligations from insurance
resulting from the co-insurance will meet as well as the obligations arising from the
other insurance contracted by this insurer.
(5) not taken into account the arrangements that derogate from paragraphs 1 to 4, and the
even in the case when one of the insurers participating in the co-insurance
through the business network based in the place where the insurer or
through its branch offices, which are located on the territory of another
the Member State of the European Union or of a Member State of the agreement on the European
economic area, than the State of residence of the insurer, or if the
the insurance risk in any of these States or the Czech Republic. It
does not apply in the insurance of large risks, according to another law governing
the insurance industry.
section 2818
Multiple insurance
(1) If a multiple insurance, the policyholder shall notify without
undue delay to each insurer and the notification shall specify the other
the insurer and the sum insured or indemnity limits agreed in the
the other contracts.
(2) the insurer, which was first notified of the insured event,
provides indemnity to the amount of the sum insured or limit of insurance
the fulfilment of the agreed in the contract, which is bound by, and shall notify it without
undue delay, other insurers, which are learned. This is not a
without prejudice to the right of the persons concerned to demand indemnity up to
the compensation of the loss of property on the other pojistitelích, if the insured
amount or limit of indemnity agreed in the contract with the first
the insurer is not sufficient to compensate for the loss of property arising in whole
as a result of the insured event.
(3) the Insurers settled in the proportion in which they are insured
amounts or indemnity limits agreed in the contracts, which
they are bound, with regard to the fulfillment by by
paragraph 2, second sentence.
section 2819
Salvage costs
(1) If a policyholder is Made effectively countering the costs immediately
impending insurance claim on the mitigation already has the insurance
events or, therefore, that fulfils the obligation to move the damaged insured
property or its remnants from the health, environmental, or safety
the reasons against the insurer has the right to their pay, as well as on the
compensation for damage in connection with this activity.
(2) no account to the arrangement, which the insurer in relation to compensation
referred to in paragraph 1 has reserved the right to
and the insurance on them) to reduce the amount or limit of indemnity,
(b)) is on the limit of less than 30% of the sum insured or limit of insurance
the performance, with respect to save the life or health of persons, or
(c) the limit is made) if the policy holder with the consent of the salvage costs
the insurer, although not otherwise obliged to them.
(3) if the salvage costs Incurred by the insured or any other person over
beyond the obligations laid down by the law, the other against the insurer of the same
the right to compensation as the policyholder.
section 2820
Go right to the insurer
(1) if it Was in the context of impending or given insurance event
the person who has the right to the insurance indemnity, the insured or the person who
incurred salvage costs against another right to compensation
or other similar right, passes this claim including accessories,
collateral and other rights associated with it at the moment of payment of the performance of the
insurance the insurer up to the amount which the insurer
the beneficiary has paid off. This does not apply if that person was such a
the right to live in her household or is it
predicated nutrition, unless caused the insured event intentionally.
(2) a person whose right to the insurer, the insurer shall issue the necessary passed
documents and shall communicate to him everything that is needed to claim.
Stymie-the gradient on the rights of the insurer, the insurer has the right to reduce
the performance of the insurance to the amount that would otherwise be able to obtain. Provided by the
performance of the insurer, already has the right to compensation of up to this amount.
Subsection 3
Obnosové insurance
section 2821
Obnosové insurance the insurer undertakes to provide in the event of a claim
a one-time event or a recurring indemnity in that range.
The basis for determining the amount of the premium and for the calculation of the indemnity is
the amount specified on the proposal of the policyholder, the insurer has in the case of
occurrence of the insured event, pay, or the amount and frequency of payment
retired.
section 2822
The law on the implementation of the obnosového insurance shall not prejudice the right to compensation
damages or other right against it, who is bound to damage.
section 2823
When the right arises from the obnosového insurance on the shortening of the duration of the
odkupné and insurance recovery after reduction of the sum insured, after reduction
the annual pension or after the shortening of the insurance period, the ujedná in the Treaty,
If such a right does not create this law directly.
Subsection 4
General provisions on the insurance of persons
section 2824
(1) the insurance of persons can be insured person in case of death, life expectancy is
of a certain age or the date specified in the contract as the end of insurance for
in case of illness, accident or other facts related to health or
by changing the personal position of the insured person.
(2) the insurance of persons determined by the person specified in the contract, the right to the payment of
the agreed amount or pension or the right to indemnity in the amount specified,
If the insured event referred to in paragraph 1.
section 2825
If the agreed insurance against incapacity for work and
If the contract does not provide a clear indication of the nature and extent of the inability, to which
the insurance applies, shall be deemed agreed insurance insolvency
of the insured person to perform his usual occupation.
§ 2826
(1) If a policyholder Concluded the contract in favour of an is required to
the conclusion of the contract and the consent of the insured. The insured person is to be a descendant of the
the policyholder who is not fully svéprávný, it does not require special consent,
If the policy holder is the legal representative of the insured person himself.
(2) Requires the consent of the insured person if, where appropriate, of his legal
the representative, unless the consent of the policyholder in the agreed time, otherwise the
three months from the date of conclusion of the contract, the insurance expires the expiry of this
of the period. If in this time of the insured event, without consent,
gaining the right to indemnity the insured person; If the insured event
the death of the insured, shall have the right of a person referred to in section 2831.
(3) the Approval referred to in paragraph 1 shall be required for an amendment, the amendment
shares of insurance, if the intended more off beneficiaries, and to
payment of the surrender value; If you do not consent, disregarded.
§ 2827
Group insurance
(1) if the insurance on members of a particular group, or even on the
their families and persons dependent on them, the contract need not contain the names of the
of the insured, the insured can be without doubt to determine at least in time
of the insured event.
(2) the consent of the insured under section 2826 is not required. It shall apply mutatis mutandis,
If the policy holder shall forward the contract.
(3) violation of the obligation to truthfully and completely answer the questions of the insurer
extends only to group insurance insurance for those persons
violation of this obligation applies.
§ 2828
(1) if the reasons for this related to determining the amount of insurance risk,
the amount of the premium or the investigation of the insured event, the insurer may
request health information and determine the State of health or
the causes of death of the insured if the insurer was authorized by the
of the insured person. The survey is carried out on the basis of reports and medical
the documentation requested by the person engaged in medical devices, which
the insurer commissioned from treating doctors, and, if necessary,
inspection or examination carried out medical equipment.
(2) if it has been agreed that the policy-holder is relieved of the obligation to pay
the insurance, the insurer may require the information about his State of health and on the
the basis of the consent of the policyholder to review his health way
in accordance with paragraph 1.
§ 2829
If the insured event the insured person's death, the policy holder may determine who is
on behalf of the obmyšlený, or its relationship to the insured person. Until the emergence of
the policyholder an insurance event may change; the change is effective
the date of receipt of a communication from the insurer.
section 2830
(1) Determine if the policyholder as an your husband and if
agreed, that destination is irrevocable, shall cease its effects of divorce
marriage, or marriage annulment.
(2) Determine if the policyholder as an ancestor or descendant and their
If it has been agreed that the designation is irrevocable, shall cease its effects
acquiring an or of the policyholder. This is true even if the
irrevocably intended beneficiaries pojistníkův osvojenec or an adoptive parent and
If the adoption was cancelled.
section 2831
(1) If, at the time of the insured event obmyšlený specified, or if not
obmyšlený the right to indemnity, this law husband
of the insured person, and if it is not, the children of the insured person.
(2) if it is not the person referred to in paragraph 1, shall have the right to insurance
the performance of the insured person's parents, and if not, take this law the heirs
of the insured person. The provisions on the protection of the legitimate heir, by not
without prejudice to the.
(3) If a right of indemnity to more persons, it shall be deemed that the
their shares are the same.
section 2832
(1) the Obmyšlený shall become entitled to indemnification to the occurrence of the insurance
the event. This right shall not take effect until obmyšlený, the policyholder may freely
dispose of rights from insurance, in particular, to stop or to advance, as well as
I change the designation of the person an. If, however, the pension insurance,
to change requires an approval of the insurer, otherwise the change is not
the insurer is bound.
(2) if the insured person is different from the policyholder is required to the legal
the negotiations referred to in paragraph 1, the approval of the insured, otherwise to them
be taken into account.
Subsection 5
Life insurance
section 2833
Life insurance for the case of death, the survival of a certain age or date
designated as the end of the contract of insurance, or in case of other
facts concerning changes to the personal status of man can make
just as the insurance obnosové.
section 2834
(1) Determine if erroneously the insurer the insured, the insurance period, the period of payment of the
insurance or the insurance amount because the policyholder stated incorrectly
date of birth or gender of the insured person, the insurer has the right to reduce
indemnity in the ratio of the amount of the premiums that have been paid, the amount of the
premiums, which would have been paid if the policyholder was used to be stated
date of birth or gender of the insured properly.
(2) if as a result of incorrectly referred to the data referred to in paragraph 1
paid higher premiums, the insurer shall adjust the amount of starting with a locking
the period of the insurance period, in which he learned the correct
the data. The premiums paid for the following insurance periods shall be reduced by
overpayment of premiums; If it was a one-off, premiums, the insurer shall return the
overpayment to the policyholder without undue delay.
section 2835
It was stated the wrong date of birth of the insured person, the insurer has
the right to withdraw from the contract, if that would be given to insurance
conditions valid at the time of conclusion of the contract the contract closed.
If the insurer does not exercise the right to withdraw from the contract during the life
the insured person, within three years from the date of conclusion of the contract, but not later than
two months after the incorrect information he learned his right ceases to exist.
section 2836
If the insured dies and obmyšlený at the same time or in circumstances
that prevents a finding which of them died first, shall be deemed to
the purpose of the insurance for that insured person identified, survived an. He died to
However, the insured person, without the right to fulfilment of the acquired person referred to in section and 2829
2830, for these purposes shall be considered as established that obmyšlený survived
of the insured person.
section 2837
Exclusion from insurance
The insurer is not obliged to provide indemnity in the case of suicide
of the insured person, insurance continuously lasted less than two years
prior to suicide.
Reduction of the insurance premium amount, the reduction of annual income and reduce insurance premiums
time
section 2838
(1) if it has been paid for insurance premiums for the period of time specified routine in
the Treaty and if after this time, additional to the normal insurance
paid within the prescribed period, such insurance on insurance
reduced insurance amount (reduction of insurance amount) or on a reduced
annual income without the obligation to pay the normal premiums.
(2) if the reduced sum insured or a reduced annual pension of less than
the limit agreed in the contract, the period of insurance.
section 2839
To reduce the insured amount, the reduction of annual income or to reduce the
the insurance period is the first day after the expiry of the deadline, the end of which would
otherwise, the insurance for non-payment of premiums were lost.
section 2840
The policyholder may require increasing the amount or the amount of the reduced premiums
annual income once again on the original amount, only if this is expressly agreed.
The same applies for an extension of the shortened length of the insurance period to the original.
section 2841
If the insurance for the case of death agreed on exactly the specified amount of time for
normal, non-payment of insurance premiums does not arise right to reduce
the insured amount, the reduction of annual income or shortening of the insurance period and
insurance for non-payment of premiums.
Odkupné
section 2842
(1) if in the life insurance arrangement with the normal premiums paid
insurance premiums for at least two years, or in the case of insurance under the single
insurance agreed to a longer period of one year, or in the case of insurance
reduced the amount of the insurance policy, the policyholder has the right, if it does not exclude
the contract to him, at his request, the insurer has paid odkupné. Odkupné is
payable within three months from the date of delivery of the request for payment of the
the insurer; payment of the surrender value of the insurance lapses.
(2) if the policyholder so requests at any time during the term of insurance, the insurer of the
communication, how much would be the amount of the surrender value, it shall notify the insurer in
one month from the date of receipt of the request, including the calculation of the surrender value.
section 2843
Insurance in case of death of the agreed on exactly the specified amount of time, the
right on odkupné, only if it has been explicitly agreed. The same is true for
insurance, from which the pension is paid, if there is already a for the payment of the pension.
Subsection 6
Personal accident insurance
section 2844
Of accident insurance, the insurer shall provide indemnity in the amount of
agreed in the contract, if there is an injury of the insured person.
section 2845
The insurer has the right to refuse the provision of indemnity, if
an accident of the insured person in connection with the offence, for which the insured person was recognized
guilty vandalized, or who intentionally hurt's on
health.
section 2846
(1) the insurer is entitled to reduce the insurance indemnity to one half,
If there is an accident as a result of the fact that corrupt ingested alcohol or ingested
the addictive substance or a product containing such a substance, if warranted by the
the circumstances in which the accident occurred. If, however, had such an accident for
results in the death of the injured party, the insurer has the right to reduce the indemnity
only if there is an accident in connection with the offence to which the injured party,
another has caused severe injury to health or death.
(2) the right referred to in paragraph 1, the insurer does not have to contain alcohol or a
the addictive substance medicine, which the insured person enjoyed in a way that the insured person
the doctor has prescribed, and if the insured person was not the doctor or the manufacturer of the drug
notified that at the time of exposure to the drug cannot practise in the
as a result of an accident.
Subsection 7
Insurance against sickness
section 2847
In the case of sickness insurance shall be borne by the insurer for the insured person entitled
the person in that range of costs or agreed upon amount on health
care incurred as a result of illness or accident and aftermath of the operations related
the health of the insured person, in particular with illness, injury,
pregnancy and preventive or dispensary care or with other
information related to the medical condition of the insured person.
section 2848
If agreed, the wait time can be specified in the duration of at most three
months, in the case of childbirth, psychotherapy, dental and orthopedic refunds
within eight months, and in case of nursing care within three years from the date of
the beginning of the insurance.
Subsection 8
Property insurance
section 2849
If it is not in the property insurance claims, represents the value of the agreed
the insurance value of the usual price, which has assets in the period, to which the
determines its value.
section 2850
(1) if the insured mail thing, covered by insurance on all
things to mail stuff belongs in the formation of the insured event.
The provisions of the insurance amount or limit of indemnity, the insurance
the value of the underinsured and over apply to all mail
thing. If the insurance on a few things, the bulk
the sum insured or limit of indemnity on each file
separately.
(2) if insured things, paragraph 1 shall apply mutatis mutandis.
section 2851
(1) if the assets of the insured event is damaged or destroyed, they shall refrain from
the person who has the right to indemnification, repair of damaged property
or the removal of the remnants of the destroyed property, until with the insurer
the agreement of no effect. If the agreed period, to which the
the insurer shall express this obligation shall expire no later than the end of this
time; If agreed, this obligation shall cease, fails to
the insurer at the time proportionate to the circumstances of the case.
(2) paragraph 1 shall not apply if it is necessary to start with the repair of the property
or removing the remnants of earlier due to safety, the protection of
health or the environment, or for any other serious reason.
section 2852
(1) where it is found after the event, from which claims the right to the insurance indemnity,
the policyholder or other beneficiary, that was lost or found
stolen assets for which this event applies, the insurer shall notify without
undue delay. The property, however, is not considered for, if found
and his tenure was pozbyta) and could not be when it either at all, or to recover
If it can be achieved only with disproportionate difficulties or costs, or
(b)) thing has been damaged to the extent that, as such, disappeared, or it can be
fix only with unfair costs.
(2) if the insurer after the occurrence of the insured event, indemnity,
does not pass to him ownership of the insured property, but has the right to
on the issue of what the insurance provided. The person, however,
You may deduct the cost effectively incurred for the removal of defects arising in the
When it was deprived of the possibility to dispose of the assets.
section 2853
That is over
(1) if the insured amount exceeds the insured value of the insured property,
the insurer and the policyholder shall have the right to propose to the other side, in order to
the insured amount shall be reduced pro rata reduction, while premiums for
additional insurance period following this change. If a party fails to
the proposal within one month from the date on which it was received, the insurance terminates.
(2) if the insured amount exceeds the insured value of the insured property
and if the agreed single premium, the insurer has the right to sue
the reduction of the sum insured under the condition, that will be quite reduced and
insurance, and the policyholder has the right to pursue the reduction of the insurance premium under the
condition, that will be quite reduced and the insured amount.
section 2854
Under insurance coverage
If the insured amount at the time of the insured event, the insured is less than the
the value of the insured property, the insurer shall reduce the insurance indemnity in the
the same proportion in which the amount of the sum insured for the actual amount of the
the insured value of the insured property; This does not apply if the parties, ujednají
that claim is not reduced.
section 2855
Special provisions
If the agreed insurance, human tissues or organs intended for
According to another transplant law, or human blood or its components
taken for the purpose of production of blood derivatives and for use in humans
under another law, the provisions of § 2849 to 2854 mutatis mutandis. It
even if that is after the death of the person insured or his body
separate part.
Subsection 9
Legal expenses insurance
section 2856
(1) the Treaty on the legal protection insurance the insurer undertakes, in
that the scope of the insured person to pay the costs associated with the application of its
rights and to provide the services associated with it.
(2) if the legal expenses insurance agreed in a contract concluded for
more insurance risk (combined insurance contract), arrangement
valid if in specific parts of the contract, where the ujedná content and the
the scope of the legal protection insurance, as well as the amount of the premium for the insurance
legal protection.
(3) legal expenses insurance can make only as insurance.
section 2857
Limiting the freedom of the insured person to the arrangement in the selection of the representative of the
be taken into account.
section 2858
The insurer shall ensure that the
and none of his employees), which commissioned the handling of rights from insurance
legal protection or legal advice in this sector, insurance,
at the same time performs a similar activity in another insurance industry
operated by the insurer, that the Treaty on the legal protection insurance
closed; This also applies in the case, if this a similar activity in the
another insurance industry another insurer carrying on non-life
insurance, that is, in relation to the insurer, which has a contract for the
legal expenses insurance, the person controlling, controlled by or
(b) the handling of insurance rights) carried out on the insurer of the person
an independent, referred to in the contract, or
(c)) of the beneficiary at the time the right to indemnity
the option to choose a representative to protect their interests.
section 2859
(1) the insurer is obliged to conclude a contract with the policyholder about the arbitrators for
resolution of disputes arising from the legal protection insurance, if it
the policyholder so requests. The right to pursue the conclusion of the arbitration agreement must
be notified by the policyholder in the insurance contract.
(2) if there is between insurer and policyholder in the solution of the disputed
matters of conflict of interests or disagreement in the settlement of such
matter, the insurer has a duty to learn the lessons of the policyholder of its right
referred to in paragraph 1 and the options to solve the dispute in arbitration.
section 2860
The provisions of § 2857 to 2859 shall not apply when the
and) legal expenses insurance relating to the operation of seagoing vessels
or risks arising in connection with this operation,
(b)) representing the insured person, if such activities are exercised at the same time in
the insurer's own interest under liability insurance, and
(c)) legal expenses insurance provided by the insurer as a supplement to the
insurance assistance to persons who get into difficulties while travelling
or while away from their place of residence.
Subsection 10
Liability insurance
section 2861
(1) the liability insurance the insured has the right, to the insurer
in the case of an insured event has replaced the injured party for the damage, and, if appropriate,
another injury, to the extent and in the amount of specified by law or contract,
If the obligation was to pay to the insured person.
(2) the injured party the right to performance against the insurer, only if the
It agreed, or if another law.
(3) insurance can be, uh, just like insurance.
section 2862
(1) the insured shall notify the insurer without undue delay the emergence of an insured
the event, the fact that the injured party filed a against him right to compensation
and expressed to his obligation to compensate for damage or injury
to the refund and to her.
(2) the insured shall notify the insurer, without undue delay, and that the
It was in the context of any proceedings before the event
public authority or the arbitration procedure; at the same time shall communicate to him, who is the
his legal representative and shall notify the insurer of the progress and results of the
the proceedings. In the management of the reimbursement of the insured person shall proceed in accordance with the instructions
the insurer; the cost shall be borne by the insured, the insurer shall control.
section 2863
The insurer has the right to claim for the insured person to hear, as soon as
He was notified. The insurer has the right to require from the damaged data
referred to in section 2777 paragraph. 3.
section 2864
The insurer has the right to check for in the investigation of the incident data
health or about the cause of death of the injured party, shall be granted to him to
damaged or other authorized person; § 2828 shall apply mutatis mutandis.
section 2865
(1) where the negotiated limit of indemnity, the insurer shall be borne by
the injured party for the damage, or other injury, in full. Replace if
the insured loss or injury which is covered by insurance against
the insurer the right to reimbursement up to the amount that would otherwise be required to
to meet the injured party insurer.
(2) if the insurer Ujedná with damaged, that he will provide, in the case of rights with
the nature of repeated transactions, such as, in particular, the right to compensation for losses
on earnings or the cost of food to survivors, a one-time compensation in
the amount of the determined using actuarial methods, deal
a one-time payment of this all already incurred and future rights. To
such an arrangement is needed the consent of the insured. If it cannot
the insured person may grant consent is not needed for this.
section 2866
(1) if the insured has caused any event under the influence of alcohol
or the use of addictive substances or product containing such a substance,
the insurer has the right to compensation against him what for him.
(2) the right referred to in paragraph 1, the insurer does not have to contain alcohol or a
the addictive substance medicine, which the insured person enjoyed in a way that the insured person
prescribed by your doctor, and tell if a doctor or the manufacturer of the drug damaged,
at the time of the action of the drug not working, as a result of
any event caused.
§ 2867
If the insurance is related with ownership, and unless expressly
agreed that the insurance change of ownership or joint ownership
does not terminate the insurance expires on the date of the notification, this changes the insurer.
Subsection 11
Credit insurance or guarantees
section 2868
(1) credit insurance is agreed on before the asset protection implications,
that may arise from the insured stock supplied by cash
resources of the debtor.
(2) the insurance guarantees, agreed to in case of any
the obligation of the insured person, the forfeiture of the deposit or security, or the performance of the deposit
or security or other similar reason agreed.
(3) credit insurance or guarantees can be, uh, just like insurance.
section 2869
Notifies a person that was founded on the right of indemnity, the insurer
the emergence of an insured event within the time limit agreed in the contract, the Court has the right to
the indemnity will not admit, says if the insurer delayed the announcement
an insured event.
section 2870
Credit insurance with State support shall be governed by this law and the law
governing insurance and funding export with State support.
Subsection 12
Insurance of financial losses
section 2871
(1) the subject of insurance of financial losses are incurred costs that
as a result of an insured event, or loss of profit or other financial
the loss determined in the contract.
(2) the insurance of financial losses may be, uh, like insurance or
obnosové.
section 2872
Insurance of large risks insurance
(1) If an insurer Insures a large risk premium in non-life
According to another law relating to insurance, the insurance industry, it can be
derogate from any provision of this section, the benefit of any
Parties, if required by the purpose and nature of the insurance.
(2) the insurance of large insurance risks can be, uh, only as
insurance.
Section 3
Bet, the game and los
Subsection 1
Bet
section 2873
Basic provisions
(1) Bet, at least one party undertakes to the other to fulfill prizes,
If it proves wrong the claim of fact unknown to the parties, or
If the claim of the other party about this event in the right.
(2) if the party whose claim is shown in the right, sure of the outcome, and
conceal this other side, the bet is invalid.
section 2874
If the payout given to the winning party cannot enforce it.
section 2875
If the payout given to the losing party, it cannot recover. It
does not apply, if the losing party was clearly a person with insufficient
mental health or mental abilities.
section 2876
She was given the prize due to the circumstances of the case and the position
the options of the manifestly excessive, the Court may, on a proposal from the losing
the Parties shall apply mutatis mutandis.
section 2877
Enforce or claim of the lease or loan provided by consciously
to the stake. This does not apply to the lease or give credit to the person with insufficient
mental health or mental abilities.
§ 2878
The claim of the bet or of the lease or loan provided by consciously to
the stake, which cannot be enforced, cannot validly be ensured. If the debt was
corresponding to such a claim, be taken into account.
section 2879
The provisions on the stake shall not apply if, in connection with the business of
the parties agreed contract for the supply of movable assets, so that the thing is not to be
delivered, but it has to be paid only the difference between the agreed price and the market
the price at the time of delivery. This is true even if the delivery of the things in the Treaty
directly out of the question, but from the circumstances that must be known to the parties, it is clear
that the parties are getting such a difference.
section 2880
The provisions on the stake shall not apply if the contract was concluded on the commodity
on the stock market, a regulated market, MTF or
If it is a contract between a business and its subject is an investment
the instrument under the law governing business on the capital market.
Subsection 2
Game
§ 2881
The game applies, mutatis mutandis, of the provisions of the stake; If it is, however, about the game
requiring skill or physical exercises of both parties, it shall apply from the
the provisions of the stake only section 2875.
Subsection 3
Los
section 2882
The ticket is valid, mutatis mutandis, of the provisions on the stake. These provisions shall, however,
not apply, are to be determined by lot dispute divided the common thing,
or decided to vote.
Subsection 4
Common provisions
section 2883
Unenforceability of provisions for receivables from bets, games or lottery ticket and
the provisions on the jurisdiction of the Court the win cut shall not apply to claims of
betting, gaming or lotteries operated by State or subject to
official authorisation.
Episode 16
Obligations of legal negotiations by one person
Section 1
Public commitment
Subsection 1
The promise of rewards
section 2884
The promise of rewards for some performance made against the person specified
committed to přislibujícího, if the promise was publicly announced.
section 2885
(1) not renounced the rights to přislibující the public promise to revoke, it can be
appeal before the performance in the same form in which the public was the promise
the occasion; If this is not possible, then in the form of equally effective.
(2) the revocation is not effective against the who performance was already taking into account the
the promise made to the public, if at the time of revocation or
didn't need to know.
§ 2886
(1) if the conditions of the public promise of a few persons, belongs to reward
who made the first, unless the performance of the public commitment stems
the other will přislibujícího.
(2) if the conditions of a public promise to several people at the same time, split
přislibující between them the reward in equal parts, unless a public commitment
Another goes by will přislibujícího.
(3) paragraph 2 shall not prevent the agreement awarded: a different apportionment of remuneration, and
If there is no such agreement, the law of each of the prize require to
other such part of the remuneration which corresponds to the proportion in which the
achieved the outcome.
Subsection 2
Invitation prices
§ 2887
(1) Přislibuje if the reward notice prices for the best possible performance,
is a public promise of a valid, if it also the time after which the
You can apply for the award.
(2) unless otherwise provided, applies to list the prices of provisions on
the promise of rewards.
section 2888
(1) notice of appeal can be only for compelling reasons.
(2) if the notice of appeal it přislibující prices, will indemnify, reasonably, who
before lifting the terms of public commitment at least partly fulfilled.
Warning on this right shall přislibující in the appeal, did not do so
When to list prices.
section 2889
-The invitation to přislibující price, who will assess the fulfilment of the conditions
public commitment and according to which criteria and who and in what period of time performs
the award, assess and appreciate the conditions přislibující himself.
Section 2
The promise of compensation
section 2890
The promise of compensation, promising to replace the recipient undertakes to promise the damage
If he his a meeting for which it is requested and promising to
which the recipient of the promise is not obliged to.
§ 2891
(1) the undertaking promising the delivery Declaration arises so
recipients of the promise.
(2) the recipient of the promise of meeting, for which it calls for only promising
If you are committed to it.
section 2892
Promising replaces the cost and any damage that the recipients promise
arise in the context of the negotiations, which it asked the others.
§ 2893
The recipient shall take the oath in time on account of such measures so that the
the extent of the damage to a minimum.
TITLE III
OBLIGATIONS OF THE OFFENCES
Part 1
Replacement of material and non-material damage
Section 1
Basic provisions
section 2894
(1) the obligation to replace another injury includes always the obligation to compensate
the injury to equity (damage).
(2) if the obligation to atone for another non-material damage is expressly
agreed, affects the pest only if it specifically law. In such
cases, the obligation to replace the non-material damage by providing
assess satisfaction by analogy with the provisions on the obligation to replace
damage.
§ 2895
The pest is obliged to compensate for damage, regardless of its fault in cases
set out separately by law.
§ 2896
If someone that its obligation to compensate for the injury to other persons
excludes or limits, be taken into account. If, however, it still
before the injury, such notification may be considered as a warning
from danger.
section 2897
If someone gives up the right to claim damages on the land and
If the waiver is recorded in the public list, it's even against later
owners.
section 2898
No to the arrangement that precludes or limits the obligation to
to compensate for the injury caused by man to his natural rights, or
caused intentionally or through gross negligence; No to the
the arrangement, which precludes or restricts the right of the weaker parties to the
compensation for any injury. In these cases, the right to compensation cannot be
validly waive.
section 2899
Who has adopted for itself the risk of casualties, although he did so in such
circumstances, it may be considered therefore, did not give up the rights
to compensation against those who caused the injury.
Prevention
section 2900
If required by circumstances of the case or the habits of private life, is
Everyone shall be obliged to act in its venue so as to avoid unfounded
injury to the life, health, freedom or property of another.
section 2901
If required by circumstances of the case or the habits of private life, has
the obligation to take action to protect each other, who created a dangerous
the situation or who has control over it, or if justified by the nature of the
the ratio between the parties. The same obligation is the one who can, according to their
options and the ability to easily stave off injury, about which he knows, or should know,
that impending gravity clearly exceeds what is needed for the procedure
to spend.
§ 2902
Who violated the legal duty, or who can and has to know that it violates,
It shall notify without delay to the person that can harm
arise, and shall draw his/her attention to the possible consequences. If the notification fulfils the
obligation, the injured party has the right to compensation for the injury, which could
notice to prevent.
§ 2903
(1) Not the one whom the injury risk to avert the way
appropriate circumstances, carries from her, what could prevent.
(2) When a serious threat to endangered may require that the court order the appropriate
and reasonable measures to prevent imminent harm.
§ 2904
Coincidence
Injury caused by accident will replace one who gave of their guilt for the chance
the initiative, in particular by contravening the order or damage the device which has
to prevent accidental injury.
§ 2905
Necessary defense
Who turns away from each other or from another imminent or ongoing
the unlawful attack and cause injury, while the attacker is not obliged to
the refund. This does not apply, if it is clear that the contested threatened due to its
circumstances of the injury just slight or defense is clearly disproportionate,
in particular, due to the seriousness of the injury caused to the attacker's odvracením attack.
§ 2906
Extreme emergency
Who turns away from each other or from another directly, there is no imminent danger of injury
obliged to compensate for the injury caused by that, if not for the circumstances
You can stave off dangers differently or if the result does not manifest as well
serious or even more serious than the injury that threatened to, unless
assets, even without the emergency response succumbed to perish. This does not apply, if the
danger through no fault of their own acting himself.
section 2907
When assessing whether someone acted in self-defence, or in extreme distress,
with regard to omluvitelnému the excitement of mind who averted attack
or other hazards.
section 2908
Who averted the threatened injury, has the right to compensation for efficiently incurred
costs and compensation for the injury suffered, and in doing so against it, in whose
the interest, however, acted in a reasonable relation to what.
Section 2
The obligation to compensate for damage
Subsection 1
General provisions
§ 2909
Breach of good manners
Pest that causes damage to the victim or intentional breach of good
manners, is obliged to replace it; If, however, your right, it is a pest
shall be obliged to replace the damage, just watched as the main purpose of the damage
another.
§ 2910
Violations of the law
Pest, that self-infliction breach of an obligation established by law, and
hits to the absolute rights of the injured party, replaces the injured party, what
that has caused. The obligation to compensate may arise and pests, which will hit the
another right of the injured party by the breach of statutory duties
laid down for the protection of such rights.
The presumption of negligence
section 2911
Causes damage to the victim a violation of the pest the statutory obligations, the
for that, the damage caused by negligence.
section 2912
(1) unless it is pest, as you can from the person of the average property in the
private contact reasonably, it is considered that this is sloppy.
(2) If a pest found special knowledge, skill or diligence,
or undertake the activities for which the special knowledge, skills
or care required, and does not apply to these special characteristics, the
It is considered that this is sloppy.
section 2913
Violation of contractual obligations
(1) If a party breaches a contract, the obligation to replace the damage from that
resulting from the other side, or even to the person whose interest should meet the agreed
the obligations clearly.
(2) the obligation to compensate is a pest, if exempt, that in
the fulfilment of the obligations of the contract temporarily or permanently prevent the extraordinary
unpredictable and insurmountable obstacle arising independently of its
the will. An obstacle arising from personal circumstances or resulting from the škůdcových to in
When he was with the fulfilment of the obligations agreed to pest in arrears, or
the obstacle, which was a pest under the Treaty must overcome, however, it
the obligation to refund relieves them.
section 2914
Who uses an agent in its activities, staff or other
Assistant, will replace the damage it caused, as it caused the
alone. However, if committed by someone in the performance of any other person to perform a specific
working separately, is not considered a helper; However, if those other
the person chosen for him on nepečlivě or insufficiently supervised, is responsible for
the fulfilment of its obligations to compensate for damage.
Damage caused by several persons
section 2915
(1) if the refund Is committed to several pest damage, replace together and
severally liable; If any of the pests is obliged to act according to another to
refund only up to a certain amount, it is thanks to other predators together and
severally liable in this range. This is true even in the case that more people
commits a separate offences, each of which could cause
harmful effect with a probability approaching certainty, and if you cannot
to specify that a person caused the damage.
(2) if the reasons for this worthy of special attention, the Court may
decide that the pests will replace the damage by his participation on a malicious
the aftermath; If participation cannot be precisely determined, shall take into account to the extent
probability. Thus you cannot decide if a pest
knowingly participated in causing damage to other pest or incited or
support, or if all the damage can be attributed to each of the pests, although
act independently, or to pay for the damage caused by pest help
and if the obligation to refund also the Assistant.
§ 2916
Who is obliged to compensate the damages jointly and severally with any other enquiry
According to participate with them on causing damage.
§ 2917
Who is obliged to compensate for damage caused to another person has against her
recourse.
§ 2918
Was established to pity or clearance is also as a result of circumstances which
added to the victim, the obligation to compensate for damage is relatively pest
reduced. However, if the involved circumstances that were going to be charged to one or the other
the parties to the detriment of only negligible manner, the damage Sunday.
§ 2919
Enriched to a pest at the expense of the injured party or the unlawful act
Another fact which caused the damage, the škůdcovo enrichment
even after the lapse of the right of the injured party for damages unfounded.
If the law barred the injured party to damages, the injured party may
claim to the pest, acquired under the provisions of the bezdůvodném
enrichment.
Subsection 2
Special provisions
Damage caused by who cannot assess the consequences of their actions
section 2920
(1) a minor who was not full, mom, or one who is defective
mental disorder, will replace the damage caused, if eligible
dominate your discussions and assess its consequences; the victim belongs to
damages even if if did not hinder pests from the thrift to him.
(2) If a minor who was not full, mom, or the one who
It is flawed by reason of mental disorder, eligible dominate your discussions and assess
its consequences, the injured party has the right to compensation if it is fair to
taking into account the whole of the circumstances of the pest and the injured party.
section 2921
Jointly and severally liable with the pest damage and replace the one who above it
neglected proper supervision. If it is not obliged to refund pest replaces
the injured party for the damage he had neglected supervision of pest infestation.
section 2922
Who shall own fault to such a State that is not a master
their negotiations or assess its consequences, will replace the damage in this State
caused by. Jointly and severally with him will replace those who damage it
custom due to this condition.
section 2923
Damage caused by dangerous properties
A person who knowingly take the hazardous properties so that her without her
You must provide the appropriate shelter or entrusted certain activities, whether in the
the home, premises or at another similar location, replace together and
severally liable for the damage caused to her in such a place or in this activity
someone else the dangerous nature of such a person.
section 2924
Damage from operating activities
Who runs a race or other device used to gainful employment,
replace the damage from traffic, whether caused by its own
operational activities, the things it used to or influence the activities of the surrounding area.
The obligation is exempt, if they prove that they made all the care that
can reasonably be required to avoid the damage.
section 2925
Damage caused by the operation of especially dangerous
(1) Who runs a race or other particularly dangerous device, replace the
damage caused by a source of increased danger; the operation is especially
dangerous, if you cannot reasonably be ruled out in advance of the possibility of serious
damages or in expending the proper care. Otherwise, the obligations to relieve,
If it proves that the damage was caused by force majeure or from the outside that caused it
own conduct damaged or irresistible negotiations of a third party;
ujednají-additional reasons for the exemption, be taken into account.
(2) it is evident from the circumstances, that the operation of significantly increased risk
the damage, although you can reasonably point to other possible causes, the Court
the operator undertakes to compensation to the extent which corresponds to the
the likelihood of causing damage.
(3) it is considered that the operation is especially dangerous if it runs
the factory or if it explosive or similarly dangerous
substance is used or handled.
section 2926
The damage to the real things
Who, though lawfully performed or provides work with other acts
the damage to the real or governing the holdings of real or
substantially more difficult, will replace the damage resulting from this.
The damage from the operation of means of transport
section 2927
(1) whoever operates the transport, replacing the damage caused by the special nature of
This traffic. The same obligation also has another vehicle operator,
a vessel or aircraft, unless such means of transport powered by
human strength.
(2) the obligation to compensate for damage shall not exempt the operator if
damage was caused by circumstances that have origins in the operation. Otherwise, the
release, proves that the damage could not prevent even when expending
all the effort that may be required.
section 2928
If the means of transport in the repair, it considered its operator
the person who took over the transport for repair.
section 2929
Instead the operator replaces the damage the one who uses the transport
the resource without the knowledge or against the will of the operator. The operator
replace the damage, jointly and severally with him, if such use
vehicle negligently allowed it.
section 2930
If you cannot identify the operator, that he is the owner of the transport
resource.
section 2931
Was established to pity of things its theft or loss, replace
the operator of this damage only if the injured party did not have the option of a thing
cherish.
section 2932
Collide-the operations of two or more operators, and if it is about
the settlement between the operator, shall be settled by the operators
its participation in the causation of the damage suffered.
Damage caused by an animal
section 2933
Causes damage to the animal by its owner, it replaces whatever was under his
supervision or under the supervision of the person to whom the owner of the animal, or
wandered or fled. The person that the animal has been entrusted to or that
animal acts or otherwise used, replace the damage caused by the animal
jointly and severally with the owner.
section 2934
Is used if the pet owner to the profession or other gainful
activities or for subsistence, or is used as a helper for a person with
disabled persons, shall relieve the owner of the obligation to compensate,
If, in the supervision of the animal down the necessary diligence,
or that the damage occurred even while expending the necessary diligence. For
the same conditions are to be exempted from the obligation to refund and the one owner
animal confided.
section 2935
(1) if the third person From svémocně the owner of the animal or person that
the owner of the animal, it replaces the third party damage caused by animal
itself, if the owner or the person to whom the owner of the animal, he
the withdrawal could not reasonably prevent; otherwise, jointly and severally with them.
(2) an animal svémocně, Who cannot have the obligation to refund.
Damage caused by the goods
section 2936
Who is required to perform something to someone and use the defective thing replace
damage caused by a defect in the stuff. This also applies in the case of the provision of
medical, social, health and other biological services.
section 2937
(1) if he causes damage to the thing itself, replace the damage that, who on top of things
should have oversight; If such person cannot be otherwise determine, it is
the owner of the things. Who proves that proper supervision is down, release the
the obligation to refund.
(2) if the damage has caused the thing falling or throwing from the room or
similar location, replace the damage, jointly and severally with the person who is
the refund referred to in paragraph 1, a person who uses such a place,
and if it cannot be ascertained, the owner of the real things.
section 2938
(1) when the collapse of a building or part of a separation as a result of defects in the building
or the lack of maintenance of the buildings will replace its owner any damage from it
the resulting.
(2) jointly and severally with him damage shall be borne by the previous owner, if the
the damage cause of the lack of established for the duration of his ownership,
on which the successor to warn, and if there have been to the detriment of a year since the demise of
his ownership rights. This does not apply, if such is the
the lack of that successor had to know.
Damage caused by a defect of the product
section 2939
(1) the damage caused by a defect in the movables intended for placing on the market as
product for the purpose of sale, lease or other use will replace the one who
the product or its part has produced, extracting, planted or otherwise
He won, and jointly and severally with him even whoever product or part
called his name, trade mark or other means.
(2) jointly and severally with the persons referred to in paragraph 1 shall be borne by the damage
even one who has imported the product for the purpose of placing on the market within its
the business.
(3) the damage caused by a defect in the product shall be paid only in the amount
exceeding the amount calculated from 500 EUR exchange rate foreign exchange market
published by the Czech National Bank on the date on which the damage occurred; If it is not
This day I know, then on the day when the damage was detected.
section 2940
(1) If a manufacturer cannot be determined under section 2939, replaces the damage and each
the supplier, if the injured party in the application of the law on compensation for damage to
one month to communicate, who is a manufacturer or his product, he added.
(2) in the case of an imported product, then replace the damage to each supplier,
Although the manufacturer is known, if the injured party within the time limit indicated who is
the importer.
section 2941
(1) the product is defective within the meaning of section 2939, if not as safe as that from
It can be reasonably expected with regard to all the circumstances, in particular, to the
the way in which the product is marketed or offered, the projected
the purpose of the product which you want to serve, as well as with regard to the time when he was
product placed on the market.
(2) the product cannot be considered as defective only because it was later listed
on the market of the product better.
section 2942
(1) the obligation to compensate for damage caused by a defect in the product, the pest
release, just to prove that the damage caused the damage or the one for whose
the Act damaged.
(2) the obligation to pay compensation shall also be exempted from this person,
If that proves
and) product on the market has
(b)) can reasonably be expected, having regard to all the circumstances, that the defect
did not exist at the time when the product was put on the market, or that there was
later,
(c) the product is not manufactured for sale) or another method to use for
business purposes, or that the product is not manufactured, or from within the
its business activities,
(d)) the defect is the result of the implementation of the provisions of the legislation,
that are binding for the manufacturer, or
(e)) the State of scientific and technical knowledge at the time when the product was put on the
the market did see his flaw.
(3) Who made a part of the product drops the obligation to compensate for damage,
If it proves that the defect caused the design of the product, which was part of the
incorporated or that it caused to the product instructions.
(4) give up if the other party in advance of the right to compensation, in whole or
in part, be taken into account.
(5) an arrangement contrary to paragraphs 1 to 4 shall be disregarded.
section 2943
The provisions of section 2939 to 2942 shall not apply if the defect has caused damage to the
defective product or damage things designed and used primarily to
business purposes.
section 2944
Shame on taken things
Anyone who has taken over from another thing, which is to be the subject of his commitment,
replace the damage, loss or destruction of, unless that
damage occurred.
section 2945
Shame on the cold stuff
(1) if the operation is an activity usually associated delays
things, and if the matter was postponed on the spot for that purpose or where
such things usually are saved, replacing the operator of damage, loss of
or destruction of the thing to the person who put it down, where applicable, the owner of the things.
Just replace the damage the operator secure garages or equipment
a similar type, if it is about the means of transport in them and about
their accessories.
(2) does not apply to the right to compensation for the operator without
undue delay, the Court is not be granted, unless the operator has lapsed, that the
the right has not been exercised in a timely manner. The latest can be entitled to compensation for damage
apply within 15 days after the date when the injured party for the damage he had to
learn.
(3) if damage is caused to the things of the deferred means of transport
public transport, just under the provisions on compensation for damage
caused by the operation of the means of transport.
Shame on the transferred case
section 2946
(1) whoever operates the regular accommodation services, will replace the loss,
the tenant into the space reserved for the accommodation or to
saving things, or things that have been there for the resident
calls. It also applies if the thing for this purpose, staff
taken.
(2) if the landlord can prove that the damage occurred, or that the damage
caused the tenant or a person resident of his will accompany,
the obligation to compensate for damage shall be exempt. The arrangements for other reasons
the waiver shall be disregarded.
section 2947
The obligation to compensate for damage shall not apply to vehicles on the things left in the
vehicle, even on live animals, unless the landlord took into custody.
section 2948
(1) the damage shall be paid up to the amount corresponding to 100 times the price of the accommodation
one day.
(2) if the matter has been taken into custody, if the landlord refused custody case
in violation of the law or if the damage was caused by the accommodation provider or
who works in the service damage is paid without restriction.
section 2949
(1) does not apply to the right to compensation for the proprietor without undue
the postponement, the Court is not be granted if the proprietor objected that the law was not
applied in a timely manner. No later than the right to compensation can be applied to the
fifteen days after the date when the injured party for the damage he had to learn.
(2) the provisions of paragraph 1 shall not apply if the proprietor took the matter to the
custody, if the landlord refused to deposit things in violation of the law or
the damage caused to the proprietor or the one who works in operation.
section 2950
Damage caused by information or by the Council
Who professes a certain State or as a profession to vocational
performance or otherwise acting as an expert, will replace the damage, if it causes the
incomplete or incorrect information or harmful by the Council that as a reward
in the matter of their knowledge or skills. Otherwise shall be paid just a pity,
the information that someone knowingly caused or by the Council.
Section 3
The method and extent of compensation
Subsection 1
General provisions
section 2951
(1) the damage is replaced by indicating to the previous state. If it is not well
possible, or asking if it is damaged, the damage is paid in money.
(2) adequate Pecuniary injury fighter.
Satisfaction must be provided in cash, if its locked by another
how real and effective enough to atone for the injury.
section 2952
The actual damage is paid and what the victim missed (loss of profit).
If the actual damage in the emergence of a debt, the injured party has the right to
the pest from the debt or provide compensation.
section 2953
The reduction of the refund
(1) by reason of the special considerations of the court damages reasonably
reduced. Taking into account, in particular, on how the damage occurred, to personal
and the whole of the circumstances of the man who caused the damage, and is responsible for it,
as well as to the conditions of the injured party. Compensation cannot be reduced, if the damage was
caused intentionally.
(2) paragraph 1 shall not apply if the damage caused, the one who reported to the
professional performance as a specific status or occupation,
violation of professional care.
section 2954
If the pest damage caused intentional criminal offence from which the property should
benefit, the Court may decide, on a proposal from the damaged the satisfaction of
things that the pest of the assets acquired, even if subject to
otherwise, the enforcement of the decision. To the satisfaction of the right to compensation shall not
the pest to deal with such things as referred to in the decision.
section 2955
If you cannot determine the exact amount of the compensation, it shall determine the fair
the discretion of the individual circumstances of the case the Court.
Subsection 2
Compensation for injury to natural rights of man
General provisions
section 2956
If a man's obligation to undo damage by pests on its natural
the law protected by the provisions of the first part of this Bill replaces the damage and
non-material damage which it has caused. as a fighter and non-material damage
caused by mental suffering.
section 2957
Way and amount of reasonable satisfaction must be designed so that the
odčiněny and the circumstances of the particular interest worthy of. They are intentional
the injury, especially the injury with the use of guile, threats,
abuse addiction damaged on pests, multiplying the effects of intervention
his placing in the public, or as a result of discrimination
the injured party with regard to its gender, health status, ethnicity,
faith or other similarly serious reasons. Taking into account also the fear
the injured party for loss of life or serious damage to health, if
fear the threat or any other cause.
Compensation for personal injury and death
section 2958
When injuries injury damaged financial pest fighter
replacement, counterbalancing the fully vytrpěné pain and other non-material damage;
If the damage to health was an obstacle to a better future of the injured party,
He will replace pest and making social applications. If the amount of the
the refund shall be determined as follows, according to the principles of decency.
section 2959
When death or serious bodily injury especially fighter pest
mental suffering for the husband, parent, child or other person close to financial
a refund to compensate fully for their suffering. If you cannot refund as follows
specify, in accordance with the principles of decency.
section 2960
The costs associated with health care
Pest stops also efficiently incurred costs associated with health care
damaged, with the care of his person or of his household, who is
expended; If so, he shall lodge a pest on these costs reasonable
the backup.
section 2961
The cost of the funeral
Pest replaces, who is made, reasonable costs associated with the
the funeral in the extent that they have not been paid by the public dose under another
legal regulation. While taking into account the practice and the circumstances
of the individual case.
Cash benefits
section 2962
(1) the compensation for loss of earnings for the period of inability to work
the injured party shall be paid monetary income equal to the difference between the average
earnings of the injured party before the onset of injury and replacement of what the victim
was paid as a result of illness or injury, according to another legal
the prescription.
(2) the Pupil or the students belong to the compensation for loss of earnings from the date when the
should finish his compulsory education, studying or preparing for
profession, for
and of his) mandatory school attendance, study or preparation for
the profession has extended as a result of the injury,
(b) the insolvency as a result of injury) health,
(c)) the duration of the disability arising as a result of the injury,
that usually prevents the full participation in gainful employment, or
(d)) the duration of the disability arising as a result of the injury,
which partially prevents involvement in self-employment, if nezameškává
an opportunity to make money work for him.
section 2963
(1) after the termination of incapacity for work, where appropriate, in respect of invalidity, it replaces the
the financial loss to the victim pest income shall be
due to the difference between the revenue which was damaged before the
the emergence of the injury, and the earning obtained after the incapacity
with the addition of any disability pension pursuant to other legal
the prescription. If there is harm to the long-term increase in health needs
the injured party, the amount of monetary income and because of these
needs.
(2) If after the incapacity of earnings only
with a greater effort or with increased effort, which would, but for
the incident, otherwise he wouldn't have to spend his cash, fighter
retirement and increased effort or the effort. When determining the amount of the fine
retirement account and to increase earnings in the industry, as well as to the
the likely growth of earnings of the injured party in accordance with reasonable expectations.
(3) if there are serious grounds for it, the Court may decide whether, how
in a way, and to what the amount of the claim of the injured party to ensure that pest
a pension; the proposals of the parties is not bound.
section 2964
Compensation for loss of income in the amount of the victim belongs to the difference between
income on which the injured party was right, and the pension to which he would
He was right, if the base, from which he was meted out
pension rights, was included compensation for loss of earnings after the end of the working
the inability of the sufferer has received at the time for the assessment of
retired.
section 2965
If the injured party was held without charge for another work in his household or
the plant will replace pest this other person cash income, what came.
section 2966
(1) when the killing stops pests monetary income cost of food
survivors, to which the deceased at the date of his death or was obliged to provide the
provide nutrition. Recovery of survivors belongs to the difference between
pension benefits provided for the same reason, and what
rational expectations would be damaged by the survivors of these could
the cost of providing, if his injury did not occur.
(2) for reasons of decency to admit the contribution to maintenance and any other person,
If she killed to provide such performance, though not according to the
the law obliged.
section 2967
(1) for the calculation of the refund is based on the average earnings of the deceased;
cost recovery on the nutrition of survivors or other persons must not, however,
in total exceed what would the deceased belonged as a compensation for the loss of the
earnings or income.
(2) When the assessment of the compensation of survivors into account also as
long would probably be killed, had lived in personal injury. In the assessment of the
refunds for other persons with regard to how long would killed the performance
may provide.
section 2968
Surrender value
If it is for an important reason, and asks if it is damaged, the Court shall grant
the victim instead of the emoluments, pension surrenders.
Subsection 3
Special provisions
§ 2969
Replacement when damage to things
(1) in determining the amount of damages to things out of its usual price at the time
damage and take into account what the sufferer must to restore or replace the
features things to spend efficiently.
(2) Damage to the pest thing of arbitrariness or Schadenfreude, it replaces the
the victim price special favorites.
section 2970
Compensation when injuries to the animal
When the injury to the animal will replace pest efficiently incurred costs associated with
health care of the wounded animal, who is made; If requested,
Lodge him a pest on these costs reasonable advance. The costs associated with the
health care is not inexpedient, though considerably exceed the cost of the animal,
If they made a reasonable breeder in the position of the injured party.
section 2971
Replacement of non-material injury
If warranted by special circumstances, for which the pest has caused injury
unlawful offence, especially if gross negligence of an important
the legal obligation of, or has caused harm to, intentionally out of a desire to destroy, hurt
or from other motives especially reprehensible, it replaces the pest also
non-material damage caused by the injury to anyone reasonably feels like
personal mishaps, which cannot be otherwise undone.
Part 2
Abuse and limitations of competition
Section 1
General provisions
§ 2972
Who participates in the competition (competitor), not when the competition
activities, even when the Association to pursue a competitive activity, its own participation
in the competition, unfair competition or other abuse, participation in
restrict competition.
§ 2973
The provisions of this title shall not apply to conduct within the range in which it has
effects abroad, if international agreements by which the Czech
Republic is bound and which has been promulgated in the collection of international treaties,
does not imply anything else.
§ 2974
The Czech people are, when it comes to protection against unfair competition,
built on a par with foreign persons in the Czech Republic participates in the
competition. Otherwise, the person may request the protection of the foreign
under international treaties, which the Czech Republic is bound and which were
promulgated in the collection of international treaties, and if not, on the basis of the
reciprocity.
§ 2975
Disabled competitive clause
(1) unless the agreement prohibiting any other competitive activity in the territory,
range of activities or the class of persons to which the prohibition relates to competitive
clause is not taken into account.
(2) it shall be prohibited to trade clause ujednaná for an indefinite period or on the
For more than five years; If the ban fails, that competitive
the clause was agreed to five years.
(3) it shall be prohibited to trade clause limiting the bandaged hand more,
protection than required by the entitled party; If the ban fails,
the Court may, on the proposal of the parties concerned, cancel the clause to restrict competition,
or declare it invalid.
Section 2
Unfair competition
§ 2976
Basic provisions
(1) who gets in the marketing contact to the contrary to morality
the competition act to cause any harm to other eligible competitors or
the customer commits to unfair competition. Unfair competition is prohibited.
(2) unfair competition referred to in paragraph 1 shall in particular
and) misleading advertising,
b) misleading labelling of goods and services,
c) invocation of the likelihood of confusion,
d) riding on the reputation of the race, the product or the services of another
a competitor,
e) bribery,
f) belittling,
g) comparative advertising, when it is not permitted as admissible,
h) violation of commercial secrets,
I) intrusive harassment and
(j)), and environmental health threats.
§ 2977
Misleading advertising
(1) misleading advertising is such an advertisement, which is related to the business or
career tracks to promote movable or immovable property, or
the provision of services, including rights and obligations, deceives or is eligible
deceive the filing or by any other means the person to whom it is addressed or
which it is, and thus affect the economic behaviour of eligible evidently
of such persons.
(2) in determining whether advertising is misleading, account shall be taken of all its
significant characters. Especially with regard to the data, which the ad contains
regarding the
and the availability, nature,) the implementation, composition, production process, data
manufacture or provision, fitness for intended purpose, applicability,
the quantity of the geographical or commercial origin, as well as a more detailed
the formulation and the other characters of the goods or services, including implied
the results of the use of or the results of the tests carried out and significant characters
or checks,
(b) the price or the manner of its) determination,
(c)) the conditions under which the goods are supplied or the service provides, and
(d) the nature, properties, and) rights of the advertiser, such as, in particular, its
the identity, assets, his qualifications, intellectual
ownership or its honors and tributes.
§ 2978
Misleading descriptions of goods or services
(1) Deceptive indications of goods or services is such a designation, which is
likely to cause in the marketing contact mistaken presumption that the bearing
the goods or services come from specific areas or sites or from a specific
the manufacturer, or that show a particular characteristic or specific
the quality. Undecided is whether the designation was mentioned immediately on
the goods, packaging, business documents or elsewhere. Also is undecided,
whether to misleading indications occurred directly or indirectly and that means
It happened.
(2) the Deception operates the figure widely accepted in economic intercourse
designate the kind, quality or if the attached appendix to be eligible
deceive, particularly with the use of the term "right", "true" or "original".
(3) the provisions of the previous paragraphs are without prejudice to other legal
provisions for the protection of industrial or other intellectual property rights.
§ 2979
Common provisions on misleading advertising and labelling of goods or klamavém
services
(1) the eligibility fool can also have an indication in itself correct, if
mislead due to the circumstances and context in which it was made.
(2) the assessment shall take into account also the klamavosti supplements, in particular, to the
the use of expressions such as "kind", "type", "method", as well as to the výpustkám,
shortcuts and total external adjustment.
§ 2980
Comparative advertising
(1) comparative advertising directly or indirectly identifies a competitor
or its goods or services.
(2) comparative advertising is permissible, if the comparison of terms,
and) if not misleading,
(b) if the only) compares the goods and service satisfying the same need or
intended for the same purpose,
(c)) to objectively compares one or more material, relevant,
verifiable and specific characteristics of the goods or services, including the prices,
(d) if the goods) compares with the designation of origin of goods of the same
the designation,
(e) if the competitor nezlehčuje), its status, its activities or its
the results or their indication or unfair manner does not benefit, and
(f)) does not offer if the goods or services as an imitation or a replica of goods
or services covered by the trade mark of a competitor or its
the name of the.
section 2981
The invocation of the likelihood of confusion
(1) Who used the name of the person or the special mark of the race used already
the other competitor, raises the risk of confusion.
(2) likelihood of confusion occurs and one who enjoys the special mark of the race
or the special mark or modifications of the product, or the commercial performance
the plant material, which customer circles for a specific race
for the characteristic.
(3) as well as raises the risk of confusion, which simulates a foreign product, its
packaging or power, unless it is a in the imitation of elements that are already
the nature of the product, functionally, technically or aesthetically fated, and
copycat has made all the measures, which can require that
eliminate the risk of confusion, or at least substantially reduce, if they are
This risk of confusion or eligible to invoke a false idea
the merger with a competitor, his race, name, special
marking or with the product or the performance of another competitor.
section 2982
Riding on the reputation of the
Parazitováním is a misuse of the reputation of the race, a product or service of another
the competitor to obtain the results for their own or a foreign
business benefit, which otherwise would be a competitor.
section 2983
Bribery
Body within the meaning of this Act is an act whereby
and a competitor to the person) is a member of the statutory or other authority
a competitor, or is in the employment relationship to the other competitors,
directly or indirectly offer, promise or provide any benefit for the
the purpose of the procedure, its unfair to attain at the expense of other competitors
for yourself or another competitor prefer, or other unauthorized
advantage in the contest, or
(b)) a person referred to in (a)) directly or indirectly calls a promise or
receives any benefit for the same purpose.
section 2984
Belittling
(1) Zlehčováním is an act whereby a competitor stating or expands on the
circumstances, the performances or the product of another's false information
to be eligible for this cause harm to competitors.
(2) Zlehčováním is also placing and dissemination of false information about the circumstances,
performance or product of a competitor, if you are eligible for this
competitors to cause injury. Unfair competition is not, however, been a competitor
such conduct by the circumstances forced to (legitimate defense).
section 2985
Violation of business secrets
Violation of trade secrets is an act whereby the acting person other
wrongly inform, for himself or for another makes use of the
trade secrets, which can be used in the competition and which
learned
and) by the secrets entrusted to or otherwise became accessible on the
the basis of his work relative to competitors or other
relation to it, where appropriate, in the framework of the exercise of the function, which was by the Court or
other authority, or
(b)) or a foreign příčícím its own negotiations with the law.
§ 2986
Intrusive harassment
(1) Intrusive harassment is the communication of information about competitors, goods or
services, as well as the offer of goods or services using your phone,
fax machine, electronic mail or similar means,
Although such activity the recipient clearly does not wish to, or communication
the ads, in which its originator of concealing or close the data, according to which
It can be detected, and indicates where the recipient can without special costs
order their ads.
(2) if the advertisement is Sent to an e-mail address by an entrepreneur
in connection with the sale of goods or the provision of services, it is not about
intrusive harassment if the entrepreneur uses this address to direct
advertising the goods or services for its own and the other party advertising
report, although it entrepreneur in obtaining addresses and each time its
the use of advertising clearly pointed out the right order without special
the cost of their ads.
section 2987
Threat to health or the environment
Threats to health or to the environment is an act whereby a competitor
distorts the conditions of competition that runs production lists
on the market of a product or performs power threatening the interest in protecting the health of
or the environment protected by law, in order to obtain for himself or
for another benefit at the expense of other competitors or customers.
Protection against unfair competition
section 2988
The person, whose right has been infringed or jeopardised by unfair competition, may
against the rušiteli require that unfair competition or to refrain from
removed the objectionable status. It may also require reasonable satisfaction,
compensation and the issue of unjust enrichment.
section 2989
(1) the right to refrain from rušitel of unfair competition or to remove the
objectionable condition can outside the cases referred to in section 2985 apply also to 2982
legal person authorized to defend the interests of competitors or customers.
(2) if the consumer has the right to refrain from unfair competition rušitel
or to remove the objectionable status and with respect to any case provided for in §
2976 to 2981 or in section 2987, rušitel must demonstrate that the unfair competition
did not make. If the consumer has the right to compensation, must rušitel
to prove that the damage was not caused by unfair competition.
section 2990
Protection against restriction of competition
The person, whose right has been infringed or jeopardised by illegal restrictions
the competition has the rights provided for in § 2988.
TITLE IV
COMMITMENTS FROM OTHER LEGAL REASONS
Part 1
Unjust enrichment
section 2991
(1) Who is at the expense of another without fair reason, enrich, must
ochuzenému, what is enriched.
(2) Unreasonably to enrich, especially the one who gets the property benefits
the discharge without a legal reason, implementation of the rule of reason, which falls,
illegal use of foreign values or the fact that he has been filled, what
had the right to carry out itself.
section 2992
The debt was fulfilled, and even prematurely, if it has not been claimed, though
could be applied to, or if one person has done something in its exclusive
and personal interest or at your own risk, no obligation enrichment
issue; This is true even in the case that one person will enrich the other with the intention of it
Donate to or enrich without intending to legally bind.
section 2993
Filled-if a party, without a valid commitment was here, has the right to a refund of
What rankled. Undertake to both parties, each party may require that
the second party has released what has won; the right to argue the other side of the mutual
This does not affect performance. This also applies in the case where the obligation was cancelled.
§ 2994
If someone wrongly gave the case to the use or enjoyment of another, without the
He was in good faith, is the owner or joint owner of the matter to the user
or beneficiaries of the right to compensation.
section 2995
If the performance has led to the enrichment of the third person is ochuzenému, only if the
He was brought to the impoverished implementation of trickery, forced the threat or abuse
dependencies, or if not svéprávný.
§ 2996
If the debtor had to perform one of the more optional implementation and provided to them
more by mistake, it depends on his will, what will be asked back. If, however, had the right to
options for the lender, the debtor may demand that the creditor has made a choice;
If the creditor has the option, without undue delay, you can claim that
his statement will replace the Court.
§ 2997
(1) a debtor who undertake debt nežalovatelný or time-barred or such
which is invalid for lack of form, does not have the right to return what
undertake. The right to return does not have nor one who else enriched with the knowledge that
This is not required, unless it fulfils the legal reason which later
not yet come or gone.
(2) if the person performing the-because that was tricked, forced
the threat of abuse or dependency, the provisions of paragraph 1 shall not apply.
This also applies in the event that the person performing the nesvéprávná.
§ 2998
Meet the party consciously so that the other party has done something for the purpose of
stub or totally impossible, does not have the right to require that it be
returned. However, if someone gave the order to prevent the illegal act, something,
who wanted to commit the crime, may request the return.
§ 2999
(1) if the issue is not the subject of unjust enrichment, has
depleted right to financial compensation amounting to the usual price. If it has been
has been performed on the basis of an invalid or cancelled a legal hearing, the right to
However, no financial compensation, to the extent in which it is hostile to the purpose
the rules force the legal negotiations. excluded
(2) Undertake a depleted for a fee, will provide a refund in the amount of this
the remuneration; This shall not apply where the amount of remuneration determined by the reason for the invalidity of the Treaty
or the reason for the withdrawal of the undertaking or, if the amount of the remuneration in such a
the reason is substantially affected.
(3) if the subject cannot be unjust enrichment issue, therefore, that there was a
its deterioration, loss or deterioration of the causes which is charged to the
depleted, replace the enriched at most as many, what spared on your own
the asset.
section 3000
Honest consignee issues, what became, at most, however, the extent to which the
the application of the law of unjust enrichment.
section 3001
(1) if it was verified that the recipient an honest course of unjust enrichment in
consideration, may at its option to issue either reimbursement or what
It earned. It was verified that the recipient free of charge, it is not fair to him
depleted right to compensation; It may, however, require a person who
the subject of the enriched and was acquired in good faith.
(2) if enriched the subject or enrichment in good faith without your
permission and could not be when it is good, is not obliged to refund, unless the
This status clearly contrary to morality.
section 3002
(1) If a party, according to Fulfil for the Treaty, though was not valid, it is not
her right to financial compensation to the other side of the provisions of section 3000 and
3001 prejudice. This also applies in the event that such an agreement was the commitment of the
cancelled.
(2) if the matter Enjoyed acquired by the recipient for a fair contract and
If the contract is invalid, the other party shall provide compensation for the use, but
only up to the amount corresponding to its benefit.
section 3003
The recipient issues a dishonest, what became, at the time when the unjust enrichment.
section 3004
(1) the Enriched, that was not in good faith, shall issue to all enrichment has acquired,
including the fruits and benefits; also replaces the benefit, which would have depleted was the
He won. It was verified that the subject of unjust enrichment in return for payment, has depleted
the right to demand that he be released, either in its choice of financial
refund, or enriched theft.
(2) unjust enrichment was acquired by natural law
protected by the provisions of the first part of a man of this law, may
depleted for the unauthorized dealing with values relating to
his personality instead of performance referred to in paragraph 1, the double rewards
the usual for consent to such treatment. If it is for
just reason, the Court may reasonably increase the performance range.
§ 3005
Who is the subject of unjust enrichment, has the right to compensation for necessary
the costs of the case, and may separate from everything on it
his load is reviewed, if possible without affecting the substance of the matter.
Part 2
Nepřikázané management and deployment of Foreign Affairs for the benefit of another
Section 1
Nepřikázané management
§ 3006
Basic provisions
Join-if someone in the Affairs of another person, though this is not authorized,
go to the debit of the consequences arising from it.
section 3007
The inhibition damage
Purchasing-if someone, though not called, foreign affair, to
He turned away his imminent damage, then the matter was obstarána,
effectively replaces the costs incurred, although the result without fault
nepřikázaného the Manager.
§ 3008
The rescue of Foreign Affairs
The person who saves a stranger thing from the inevitable loss of or destruction,
belongs to the appropriate remuneration, at most one-tenth the price of things, and the compensation effectively
the costs incurred. The owner of the obligation to pay for the stuff gets rid of,
not required if the rescued thing back.
section 3009
Negotiations for the benefit of other persons
(1) if someone Takes the matter in favour of another person without her
permission, will replace him, that person effectively costs incurred, if arranged
the matter to its převážnému good. Whether the matter was taken to the
the benefit of another, have examined according to General aspects, but with regard to the
its understandable interests and intentions.
(2) if the benefit is not a major, does not have the right to executive compensation nepřikázaný
the cost. A person whose affair on may nepřikázaném
managers require that everything pointed to the previous state, and if it is not
possible to replace the damage.
Common provisions
§ 3010
Who took the Foreign Affairs without the command, leads her to the end, and shall report to the
about her Bill and converts all what it has earned, the person whose
matter.
section 3011
If not nepřikázaný the right to executive compensation costs, may take what
He made at his own expense, if that is possible, and not to the
the substance of things or to unreasonably impede its use.
Section 2
Use of Foreign Affairs for the benefit of another
section 3012
Basic provisions
If someone runs a foreign thing for the benefit of another, without the intention to procure
foreign matter, and if it is not possible to receive a release this stuff, can
the owner of the things for him to claim the value of the thing at the time of
applications, and even if it was not to the benefit achieved.
section 3013
Who will make the other person, the person is required to make
alone, has the right to require compensation.
section 3014
Sacrifice-if someone's thing in need, in order to ward off greater damage, can anyone
who should benefit from it, the victim of the proportional compensation.
PART THE FIFTH
THE PROVISIONS OF THE COMMON, TRANSITIONAL AND FINAL
TITLE I OF THE
THE PROVISIONS OF THE COMMON
section 3015
This law incorporates the relevant legislation of the European Union ^ 1).
section 3016
The provisions of this Act shall not prejudice the provisions of other laws
legislation on consumer protection.
§ 3017
The provisions of this law concerning the application of law for the Court or
the court proceedings or of a court decision, shall apply mutatis mutandis for
the application of the law before the arbitrator for arbitration or arbitration
find.
§ 3018
The obligation to publish information is true to their publication in the business
Journal, unless another law otherwise.
§ 3019
The data, according to which a person can see, in particular, the name, place of residence and
date of birth, or other identifying information in accordance with the legal
the prescription. Identifying the information that the legal person or entrepreneur is the
the identification number of the person, if they are assigned.
section 3020
The provisions of part the first, third, and fourth on marriage and the rights and
obligations of the spouses shall apply mutatis mutandis to registered partnership and rights
and obligations of the partners.
section 3021
The provisions of § 751 to 753 against domestic violence shall also apply in the case of
common housing of persons other than the spouses.
section 3022
(1) the provisions of this Act, the rights and obligations of the legal
representative shall apply mutatis mutandis to guardianship under part i of the second.
(2) the provisions of this law on Guardianship Council shall also apply when the
the appointment of the guardian, the formation of the Council and the election of its members, however, they become
effective, if it is approved by the Court; It requires that such
the measure was in line with the interests of the child.
§ 3023
The provisions of this Act, the owner of the land shall apply mutatis mutandis for the
the owner of the immovable things, which is not part of the plot.
§ 3024
(1) A foreign person is considered to be a natural person residing or
legal person established outside the territory of the Czech Republic.
(2) the Capacity to acquire rights and to commit to the obligations of the
other than a natural person under a foreign law, according to which the
based, it also belongs in the Czech legal order. Legal
of procedure, according to which that person was based, is governed by its internal
legal and liability ratios of its members or associates for her debts.
§ 3025
(1) the provisions of this Act concerning legal persons and the Association shall apply
on the trade unions and employers ' organizations adequately only
to the extent that it is not contrary to the nature of the employees ' representatives and
employers by international treaties by which the Czech Republic is
bound and which provide for freedom of Association and protection of the right to freedom of
bring together.
(2) trade unions, employers ' organizations and their subsidiary
the organization formed on the day following the date on which it was delivered
the competent public authority the notice of their founding.
§ 3026
(1) does not preclude this nature of the document, the provisions of this law
about the Charter, mutatis mutandis, for other document irrespective of its form.
(2) if required by legal acts take the form of a public instrument, means
notarial deed; may be replaced by a decision which the public authority
power within the limits of its powers to approve the settlement or any other manifestation of will, which
the nature of it.
§ 3027
This is the law of the creditor the right to sufficient certainty and
neujednají-if the creditor and the debtor or other person providing the collateral
its subject or the amount of, shall decide on the Court with sufficient certainty
taking into account the nature and amount of the claim.
TITLE II
TRANSITIONAL AND FINAL PROVISIONS
Part 1
Transitional provisions
Section 1
General provisions
§ 3028
(1) this law shall govern the rights and obligations arising from the day of acquisition
its effectiveness.
(2) unless otherwise provided, shall be governed by the provisions of this law and
the legal standards relating to the rights of personal, family and in kind; their
origin, as well as the rights and obligations of them incurred prior to the date
the effectiveness of this law shall, however, be assessed in accordance with the existing laws,
regulations.
(3) unless otherwise provided, shall be governed by other legal relations arising from
before the date of entry into force of this law, as well as the rights and obligations of the
incurred by them, including the rights and obligations of the breach of contracts
before the date of entry into force of this law, the present legal
provisions. This does not prevent the arrangement of the parties that this is their right and
the obligations will be governed by this law as from the date of the acquisition of its effectiveness.
§ 3029
(1) to Invoke the legislation provisions this law
deleted, entering their instead of the corresponding provisions of this
the law.
(2) unless otherwise provided in this law something else are without prejudice to the provisions of the
legislation in the field of public law, as well as the provisions of other
the legislation governing the special private law.
section 3030
(I) the rights and obligations that shall be assessed in accordance with the existing laws,
legislation, the provisions of title I of part the first.
Section 3031
If proceedings pursuant to section 5 of Act No. 40/1964 Coll., of the civil
code, as amended, in accordance with the existing
the legislation.
section 3032
(1) a person who was under the existing legislation, deprived of the capacity to
legal capacity shall be considered the date of the entry into force of this Act for
person limited in the mom under this Act.
(2) a person who was under the previous legislation restricted in eligibility
legal capacity shall be considered the date of the entry into force of this Act for
person limited in the mom under this Act and is also in the future
eligible to legally be in the range specified by the present law
provisions, unless otherwise decided by the Court under this act otherwise.
section 3033
(1) persons who have been deprived of legal capacity before the date
the entry into force of this law, or whose capacity to act
capacity has been, before the date of entry into force of this law limited, will take
no later than the end of the night, mom of three years from the date of entry into force of
of this Act, unless the Court decides otherwise.
(2) until the other legislation does not provide for something else, the
custody under section 468 of the municipality in whose territory has opatrovanec
residence.
section 3034
He showed to svéprávný in anticipation of its own incapacity to act legally
even before the date of entry into force of this law, wishes to make its
the guardian was a person, applies to decisions on limitations
mom for the effectiveness of this Act section 59. Similarly section 469 for
deciding on the opatrovníku of the legal person.
§ 3035
If, before the date of entry into force of this Act, proceedings for
the adoption, in accordance with the existing legislation. The acts, which
have been carried out in the framework of preparatory proceedings leading to the adoption,
examine under this Act; This does not apply in the case of consent
parents for adoption or decision of the Court about the fact that this consent
There is no need.
Section 2
Deadlines and time
section 3036
According to the existing legislation until his end shall be considered
all deadlines and periods, which have begun to run before the date of entry into force of
This law, as well as the period and the period for the exercise of rights that are governed by the
the existing law, even when they begin to run after the date of entry into
the effectiveness of this Act.
section 3037
(1) if the person is Heard before the date of entry into force of this Act
violation of their rights to the name, honour, reputation or a violation of the like
the private service and about who is broke, or if and to the
it before the date of entry into force of this law, the deadline to learn the
the demise of the right to protection of his run from the date of entry into force of this
the law.
(2) find out if the person is for the effectiveness of this law, that her right to
the name, honour, reputation, or other similar private ratio has been infringed
before the date of entry into force of this Act and who is broke, or
If she could find out about it, the time limit to the extinction of the rights on its
protection to run from the date of entry into force of this Act.
Section 3
Property right of spousal
section 3038
Things belonging to a traditional family household equipment cease to be
date of entry into force of this Act, a part of the common property.
section 3039
What prior to the date of entry into force of this Act has acquired free of charge, one of the
of the spouses or both spouses have acquired what free of charge, without it happened
part of the common property, is still part of the joint property.
section 3040
Part of the common property of the thing is not issued in accordance with the legislation of the
restitution of property to one of the spouses, who had released the thing in
owned prior to the marriage or to whom the case was issued as
the legal successors of the original owner.
Section 4
Legal persons
§ 3041
(1) the legal nature of the legal persons governed by this law shall be governed by
the provisions of this law as from the date of the acquisition of its effectiveness. If, before the
date of entry into force of this Act, the procedure for registration of legal
a person in a public register, according to present laws
legislation; However, if the articles of Association is contrary to legal negotiations made prior to the
date of entry into force of this law, current legislation,
It is considered valid if the provisions of this Act.
(2) the provisions of the social contract or the Statute of legal persons
referred to in paragraph 1, which are contrary to the provisions of this donucujícím
law, binding to the date of its effectiveness; legal
the person adjusts to three years from the date of entry into force of this Act
social contract or statute modify this law and delivers
public authority, who leads the public register, which is a legal
the person is registered. If they do so, the competent public authority to do it
prompts and lays down in the call for an additional reasonable time limit to meet this
obligations; If additional time in vain, on the Court of a legal person
the design of the public authority or person shall certify on the legal
interest, and ordering its liquidation.
§ 3042
Contrary to the name of the legal person, the provisions of this Act,
legal person, its name, the requirements of this Act within two years from the date of
the acquisition of its effectiveness. Is not obliged to do so if they are for it
important reasons, in particular if the legal person used your name
in the long term, and if it is for her so distinctive that its interchangeability or
deception cannot reasonably be expected.
§ 3043
(1) Contrary to the contract or the decision on the conversion of a legal person
made before the date of entry into force of this Act, the previous legal
regulations, shall be considered valid if the provisions of this law
and has a competent public authority before the date of entry into force of
This Bill conversion for registration in a public register, or
decided that the conversion occurred.
(2) If, before the date of entry into force of this law, taken on
cancellation or conversion of a legal person, it shall proceed according to the existing
the legislation, unless otherwise decided by the competent authority of a legal person within three
months from the date of entry into force of this Act, the procedure shall be applied
in accordance with this Act. The provisions of this law on the protection of the creditors '
also apply to cases where a decision on the cancellation or conversion
legal persons adopted before the date of entry into force of this Act and to
date of entry into force of this Act has not yet entered into the public
the register.
section 3044
The provisions of section 128 shall apply to the legal acts and the articles on
conversion of legal persons, which occurred before the date of entry into force of
of this law.
§ 3045
(1) the Association pursuant to Act No. 83/1990 Coll. on Association of citizens, as amended by
amended, shall be regarded as associations under this Act.
The Association has the right to change its legal form or the Department of social
cooperative according to another law.
(2) the organizational units of the Association shall be eligible to act on its behalf in accordance with
Act No. 83/1990 Coll. on Association of citizens, as amended
regulations, shall be considered as subsidiary societies under this Act. The statutory
the main body of the Association shall, within three years from the date of entry into force of this
the draft law on registration of sub Association, or the last day of this period
the legal personality of the Sub Association ceases to exist.
section 3046
Trade unions, employers ' organisations, including organisations
international and their business unit registered according to law No.
83/1990 Coll. on Association of citizens, as amended,
be considered as trade unions, employers ' organizations, international
trade unions and their affiliate organisations in accordance with this Act.
section 3047
If, before the date of entry into force of this Act, proceedings for
the invalidity of the decision of the authority of the civic association, the Court on the proposal
Decides, pursuant to this Act.
section 3048
To the effectiveness of the law on the public register in which shall be entered
clubs, societies are subject to registration under the Act No. 83/1990 Coll., on
Association of citizens, as amended.
§ 3049
(1) the Foundation incurred under existing law shall be construed as
the Foundation incurred under this Act; the Foundation was established to wills,
apply section 311 and 312, even if the will was made before the date of entry into
the effectiveness of this law, if the management of the heritage was not at the date of acquisition
the effectiveness of this law terminated. The Foundation has been established otherwise than
the Foundation's Charter, in particular the release of the Statute, applies to such legal
negotiations and for its amendments to the provisions of this law on the Foundation Charter in
the range of activities specified in § 310 for the Foundation's Charter.
(2) the founder of the Foundation the Foundation of legal negotiations can customize
modify the Foundation of an instrument under this Act, if the decision establishing the
the establishment of legal negotiations varies, delivers, who leads the public
the register in which the Foundation is registered, but not later than within two years
from the date of entry into force of this Act. If he died or disappeared when the
before the date of entry into force of the founder of this law may, on a proposal from the
change the articles of Association of the legal foundation of the negotiations by the Court.
(3) the provisions of paragraphs 1 and 2 shall apply mutatis mutandis for endowment funds.
section 3050
The rights and obligations of Community companies shall continue to be governed by the
the existing legislation. In General, the benefit corporation has the right to
change its legal form to the Institute, the Foundation or Endowment Fund by
of this law; the provisions of this law on the transformation of legal form
legal persons shall apply mutatis mutandis.
section 3051
Interest Association of legal entities created by the existing legal
the regulations shall continue to be governed by existing legislation. Interest
Association of legal persons has the right to change its legal form, on the Association
pursuant to this Act; the provisions of this law on the transformation of legal form
legal persons shall apply mutatis mutandis.
section 3052
Legal persons pursuant to the Act No 42/1980 Coll., on economic
relations with foreign countries, as amended, shall continue to be governed by the
the existing legislation. This also applies to legal persons
incurred by the like of the Association under section 636 of Act No. 101/1963 Coll., on the legal
relations in international trade. These legal persons have
the right to change its legal form to the Association; the provisions of this law on the
transformation of legal form of legal persons shall apply mutatis mutandis.
section 3053
The legal nature and internal legal corporate entities developing standards
the business, which is governed by the date of entry into force of this
the law earlier legislation under section 767, paragraph. 2 of law No.
513/1991 Coll., the commercial code, as amended, shall remain
unchanged and continue to be governed by the law under which they were established.
Section 5 of the
Rights in rem
Land and buildings
section 3054
The building, which is not in accordance with the existing legislation of the part of the
the land on which it is established, shall cease to be effective on the date of this
a separate Act of things and becomes part of the plot, if on the day of
the entry into force of this Act, the ownership right to the construction and ownership
the right to the land are the same person.
section 3055
(1) the construction of the associated countries fixed basis, which is not in accordance with
existing legislation, part of the land on which it is established, and
is the date of the entry into force of this Act, the person in possession of a different
from the owner of the land, with the date of entry into force of this law, it
part of the land and is a culture thing. The same is true about the construction, which is in the
joint ownership, where one of the joint owners and the owner of the land
or if they are just some of the co-owners of the construction of the co-owners of the land.
(2) paragraph 1 shall apply mutatis mutandis for the building, which is to be established on the
another land owner on the basis of a right in rem arising stavebníku
before the date of entry into force of this Act or on the basis of the Treaty
concluded before the date of entry into force of this law.
§ 3056
(1) the owner of the land on which the building is established, which is not in accordance with
the existing legislation did not become a part of the land and is part of the
the land on the date of entry into force of this law, has to build an option
the right and the owner of the building has a pre-emptive right to the land. Pre-emptive right
the owner of the land shall also apply to a underground building on the same plot of land,
that is accessory to the above ground construction. The arrangement excluded or
restricting the right of first refusal shall be disregarded.
(2) if it can be part of the plot the construction separated without significantly more difficult
their use and enjoyment, the pre-emptive right to a part of
the land necessary for the exercise of ownership rights to the building.
§ 3057
If the owner establishes a right to the land for the benefit of a third person, which
a right in rem shall in good faith, that the construction is part of the land,
This person shall be deemed to be part of the structure of the land. The owner of the building
It is against the founders of the right in rem shall be entitled to require compensation for the
depreciation of the property; If the building is loaded with a lien,
extends to the lien and to claim this refund.
section 3058
(1) if they become land and building ownership of the same owner
ceases to be a separate building things and becomes part of the land on
which it is established. This does not apply in the case of the construction, which is not part of the
the land under this Act.
(2) if the right of ownership to the land zcizeno to a third person, which was
When the acquisition of ownership in good faith, that the construction is part of the
the land ceases to be a separate building things and becomes part of the
the land on which it is established. Who owned the building, against zciziteli
the right to compensation amounting to the price of the building on the day of the demise of his title
rights; the building has been burdened with a lien, the lien
the right to claim this refund.
section 3059
If the building is established on several grounds, the provisions of § 3056 to 3058
only in relation to the land on which the bulk of the building. If it becomes
construction of part of the land, it shall apply in relation to the land, on which the
part of the building, the provisions of přestavku.
section 3060
Puts a strain on a right in rem building or plot of land, the construction of the part of the
the land, until this right takes, and if it's his nature.
section 3061
The provisions of this section shall not apply in the case of the construction, which is not
part of the land under this Act, or of a culture thing under section 498
paragraph. 1 the second sentence.
Joint ownership
Section 3062
The statutory pre-emptive right owners under section 140 of the Act No 40/1964
Coll., the civil code, as amended, shall lapse on the expiry of
one year from the date of entry into force of this Act. This does not apply in
the case of co-ownership to the agricultural or the family race.
Section 3063
If you acquired the ownership of at least one unit in a building with apartments and
nebytovými spaces before the date of entry into force of this Act, the transferee
According to Act No. 72/1994 Coll., to regulate certain co-ownership
relationships to buildings and some ownership to apartments and non-residential
spaces and added some laws (the law on the ownership of apartments), in
as amended, even after the date of entry into force of this
the law of ownership to other units in this House by
the existing legislation.
Real estate register
section 3064
Regarding the rights registered in the land register prior to the date
the effectiveness of this Act and concerning the rights registered in the land registry
real estate at the time of one year from the date of entry into force of this Act
effects occur under section 986 980 to the expiry of one year from the date of
the entry into force of this law. The deadlines laid down in § 983, and 986 beginning
to run after the expiration of one year from the date of entry into force of this Act.
section 3065
If it is a right in rem, which prior to the date of entry into force of this
the Act was subject to registration in a public list, occur against these
the effects of the priority rights of registered rights according to § 981 and effects
the order of the rights referred to in section paragraph 982. 1 on 1 July. January 2018.
section 3066
Emergency prescription
To the time provided for in § 1095 to be reallocated and the time during which the holder,
or its legal predecessor, continuously held before the date
the entry into force of this Act; This time, however, will not end before
the expiry of two years from the date of entry into force of this Act, if the thing
item of movable, and five years, if it is a matter of culture.
section 3067
Leaving the real things
If the abandoned immovable thing, the run duration referred to in section paragraph 1050. 2
from the date of entry into force of this Act.
section 3068
If the lien was created prior to the date of entry into force of this Act,
owner can exercise the right of release of lien only if
Lien creditor registered before the date of entry into force of this Act, for the
Lien further relaxed the order with the release of lien
agrees. This applies, mutatis mutandis, to the confusion of the lien.
Section 6
Probate law
section 3069
When inheriting the law applicable on the day of the death of the testator.
section 3070
If the deceased died after the date of entry into force of this Act, and
contrary to its acquisition for the case of the death of the legislation effective in
time when it was made, shall be considered valid if the
the law. The same applies to listed and the ancillary clauses in acquisition for
in case of death, if the law effective at the time when the codicil
or acquisition for the case of death, the legal consequences of withdrawing or
It is declared to be invalid.
section 3071
If the testator has concluded a Treaty on renunciation of succession prior to the date
the effectiveness of this Act and died after the date of entry into force of this
the law, the contract shall be deemed valid.
section 3072
If the deceased died after the date of entry into force of this Act, and
contrary to his statement about the dispossessed to the legislation effective in
time when it was made, shall be considered valid if the
the law.
Section 7
Undertaking the rights
section 3073
The law of liability arising before the date of entry into force of this
the law, though was established as a right in rem shall be assessed to
the demise of the existing legislation. This does not prevent the arrangement of the parties,
This their rights and obligations will be governed by this law as from the date of
the acquisition of its effectiveness.
section 3074
(1) the rent shall be governed by this law as from the date of the acquisition of its effectiveness, even if
to the emergence of the lease have occurred prior to that date; the emergence of the lease, as well as the rights and
obligations incurred prior to the date of entry into force of this law, however,
be assessed in accordance with the existing legislation. It does not apply to rent
movable or for leasing.
(2) the provisions of § 2249 paragraph. 1 shall not apply in the event that the rent was not
intended arrangement landlord and tenant or by a court decision, but on
the basis of other legislation. In this case, the landlord
the right to propose in writing the tenants rent increase; the provisions of §
2249 paragraph. 3 shall apply mutatis mutandis.
section 3075
If, before the date of entry into force of this law established a special apartment
the determination of State resources, or if the State contributed to its establishment, can be
to conclude a contract on the lease of the apartment only on the basis of the recommendation of the municipal
Office of the municipality with extended competence and the rent you can terminate only with
the prior consent of the authority.
section 3076
If, before the date of entry into force of this Act, proceedings for
the invalidity of the termination of the lease of the apartment, according to present laws
legislation; the right of the tenant to pay the housing or other transactions by
the existing legal provisions are not affected.
section 3077
(1) the account shall be governed by this law as from the date of the acquisition of its effectiveness, although to
the conclusion of the account agreement occurred prior to that date; the emergence of this Treaty,
as well as the rights and obligations arising from it before the date of entry into force of
This law, however, be assessed in accordance with the existing legislation.
(2) If payment of the passbook was before the date of entry into force of
This Act bound to the password to a third person or on přivolení
fact is certain, that occurs, is governed by the linking of the payment
the existing legislation.
section 3078
If the travel contract concluded before the date of entry into force of this
Act according to the existing legislation invalid, it shall be considered
due to the rights invoked in the effectiveness of this law as a valid
a contract on the tour, if this law; and the obligations of the travel
contracts concluded by the previous legislation shall apply section 2542,
It was not as if the law has not yet been decided. There has been a breach of the
the obligations of the organizer or travel agency, even before the date of entry into
the effectiveness of this law, the provisions of section 2543, if prior to the date
the effectiveness of this law on damages yet decided.
section 3079
(1) the right to compensation for damage arising from violation of the obligations laid down
the legislation, which occurred before the date of entry into force of this
the law shall be assessed in accordance with the existing legislation.
(2) if the Court has not decided on the date of entry into force of this law on compensation
damages resulting from violation of the obligations laid down by the legislation to which the
occurred prior to the date of entry into force of this Act, may, on a proposal from the
a broken man, if they are for extraordinary reasons worthy of special
considerations (section 2 (3)), admit the victim and compensation for non-material damage
in accordance with this Act.
Part 2
Final provisions
section 3080
Shall be repealed:
1. Act No. 40/1964 Coll., the civil code.
2. Law No. 131/1982 Coll., amending and supplementing the civil code and the
edit some other property relations.
3. Act No. 188/1988 Coll., amending and supplementing the labour code.
4. Act No. 87/1990 Coll. amending and supplementing the civil code.
5. section 33 of Act No. 87/1991 Coll. on extra-judicial rehabilitation.
6. Act No. 509/1991 Coll., which amends, supplements and adjusts the civil
code.
7. Article. I and IV of law No 264/1992 Coll., which amends and supplements the
the civil code, the law on the State notary public and the proceedings before the
the State Notary Office (the notarial regulations), and amended and added some more
laws.
8. Act No. 266/1994 Coll., amending and supplementing the civil code.
9. Article. (II) Act No. 104/1995 Coll., amending and supplementing Act No.
634/1992 Coll. on consumer protection, as amended by Act No. 217/1993 Coll. and
Act No. 40/1995 Coll., amending Act No. 40/1964 Coll., the civil code,
in the wording of later regulations.
10. Article. XXIV Act No. 118/1995 Coll., which amends and supplements certain
laws in connection with the adoption of the Act on State social support.
11. Article. (II) Act No. 89/1996 Coll., which amends and supplements the Act of the Czech
the National Council No. 344/1992 Coll., on the land register of the Czech Republic
(cadastral law), and the Civil Code No. 40/1964 Coll., as amended by
amended.
12. Article. (IV) Act No. 94/1996 Coll., amending and supplementing Act No.
328/1991 Coll., on bankruptcy and settlement, in the wording of later regulations,
Act No. 455/1991 Coll., on trades (Trade Act),
in the wording of later regulations, and Act No. 513/1991 Coll., the commercial code,
in the wording of later regulations, and Act No. 40/1964 Coll., the civil code,
in the wording of later regulations.
13. the second part of Act No. 227/1997 Coll., on foundations and Foundation funds and
on the change and the addition of some related laws (Act on foundations and
Foundation funds).
14. Article. (II) Act No. 91/1998 Coll., amending and supplementing Act No.
94/1963 Coll., on the family, as amended, and amending and
supplement other laws.
15. Article. (III) Act No. 165/1998 Coll., amending Act No. 21/1992
Coll., on banks, as amended, and some other laws.
16. section 12 of the Act, including the title of the no 159/1999 Coll., on certain conditions
business and the performance of some of the activities in the field of tourism and
Amendment of the Act No. 40/1964 Coll., the civil code, as amended
regulations, and Act No. 455/1991 Coll., on trades
(Trade Act), as amended.
17. Part two of the Act No. 363/1999 Coll., on insurance and amending
some related laws (Act on insurance).
18. Part six of law No 27/2000 Coll., amending certain laws in the
connection with the adoption of the law on public auctions.
19. the fifth Part of Act No. 103/2000 Coll., amending Act No. 72/1994
Coll., to regulate certain co-ownership to the buildings and
some of the ownership to apartments and non-residential spaces and the following
Some laws (the law on the ownership of flats), as amended
legislation, law no 344/1992 Coll., on the land register of the Czech Republic
(Land Registry Act), as amended by law No. 89/1996 Coll., Act No. 586/1992
Coll., on income taxes, as amended, law No 549/1991
Coll. on court fees, as amended, law No.
40/1964 Coll., the civil code, as amended, and Act No.
357/1992 Coll., on inheritance tax, gift tax, and transfer tax
real estate, in the wording of later regulations.
20. the second part of the Act No 227/2000 Coll., on electronic signature and
change of certain other laws (the law on electronic signature).
21. the first Part of Act No. 367/2000 Coll., amending Act No 40/1964
Coll., the civil code, as amended, and certain other
laws.
22. Article. And Act No 317/2001 Coll., amending Act No. 40/1964 Coll.,
the civil code, as amended, and amending other
laws.
23. Part three of the law No 125/2002 Coll., amending certain laws in the
connection with the adoption of the Act on payment systems.
24. Act No. 134/2002 Coll., amending Act No. 40/1964 Coll.,
the civil code, as amended.
25. Act No. 136/2002 Coll., amending Act No. 40/1964 Coll.,
the civil code, as amended by later regulations, and Act No. 65/1965 Coll.,
the labour code, as amended.
26. Part of the thirty-eighth of the Act No. 320/2002 Coll., amending and cancelling
certain acts in connection with the termination of the activities of the district offices.
27. Part two of the Act No. 88/2003 Coll., amending Act No. 513/1991
Coll., the commercial code, as amended, Act No 40/1964
Coll., the civil code, as amended, Act No. 99/1963
Coll., the civil procedure code, as amended, law No.
591/1992 Coll. on securities, as amended, the law
No 358/1992 Coll., on notaries public and their activities (notarial regulations), as amended by
amended, law No 370/2000 Coll., amending Act No.
513/1991 Coll., the commercial code, as amended, law No.
358/1992 Coll., on notaries public and their activities (notarial regulations), as amended by
amended, law No. 15/1998 Coll., on the Securities and Exchange Commission and
amending and supplementing other acts, as amended by Act No. 30/2000 Coll.
Act No. 200/1990 Coll. on offences, as amended,
Act No. 99/1963 Coll., the civil procedure code, as amended
regulations, and Act No. 328/1991 Coll., on bankruptcy and settlement, in the text of the
amended, as amended by Act No. 501/2001 Coll. and ruling
the Court declared under no. 476/2002 Coll., Act No. 219/2000 Coll., on the asset
The Czech Republic and its performance in legal relations, as amended by
amended, and Act No 455/1991 Coll., on trades
(Trade Act), as amended.
28. Part two of the Act No. 37/2004 Coll., on insurance contracts and amending
related acts (the Act on insurance contracts).
29. Part four of Act No. 47/2004 Coll., amending Act No. 168/1999
Coll., on liability insurance for damage caused by operation of the vehicle and the
changes to some related laws (Act on the liability insurance of the
operation of the vehicle), as amended, Act No. 586/1992 Coll.
on income tax, as amended, Act No. 200/1990 Coll.
the provincial offences Act, in the wording of later regulations, and Act No. 40/1964 Coll.,
the civil code, as amended.
30. Part two of the Act No. 480/2004 Coll., on some service information
of the company and on amendments to certain acts (the Act on certain services
the information society).
31. the first Part of Act No. 554/2004 Coll., amending Act No 40/1964
Coll., the civil code, as amended, Act No. 99/1963
Coll., the civil procedure code, as amended, law No.
358/1992 Coll., on notaries public and their activities (notarial regulations), as amended by
amended, law No 513/1991 Coll., the commercial code, as amended by
amended, and Act No. 337/1992 Coll., on administration of taxes and fees
in the wording of later regulations.
32. the first Part of Act No 359/2005 Coll., amending Act No 40/1964
Coll., the civil code, as amended, and some
related laws.
33. Part four of Act No 56/2006 Coll., amending Act No. 256/2004
Coll., on business on the capital market, as amended, and
other related laws.
34. Part of the thirty-third Act No. 57/2006 Coll., amending the laws in
the context of the unification of financial market supervision.
35. Part two of the Act No. 107/2006 Coll., on unilateral increase
rent apartment and on the amendment of Act No. 40/1964 Coll., the civil code, in the
as amended.
36. Part six of Act No. 115/2006 Coll., on registered partnerships
change some of the related laws.
37. The third part of Act No. 160/2006 Coll., amending Act No. 82/1998
Coll., on liability for damages caused in the exercise of public authority
by a decision or incorrect official procedure and on the amendment of the Czech
the National Council No 358/1992 Coll., on notaries public and their activities (notarial
regulations), as amended, Act No. 201/2002 Coll., on the Office for
the Government representation in property Affairs, as amended,
and Act No. 40/1964 Coll., the civil code, as amended.
38. Section 43 of the Act No 264/2006 Coll., amending certain
laws in connection with the adoption of the labour code.
39. the second Part of the law No 315/2006 Coll., amending Act No. 26/2000
Coll., on public auctions, as amended, and some
other laws.
40. Part three of the law No 443/2006 Coll., amending Act No. 178/2005
Coll., on the abolition of the national property Fund of the Czech Republic and about the scope of the
The Ministry of finance during the privatisation of the assets of the Czech Republic (law on the
the abolition of the national property Fund), and the law No 319/2001 Coll., which
amended Act No. 21/1992 Coll., on banks, as amended.
41. Part six of Act No. 296/2007 Coll., amending Act No. 182/2006
Coll., on bankruptcy and the ways of its solution (insolvency law), as amended by
amended, and certain laws in connection with its adoption.
42. the tenth Part of Act No. 230/2008 Coll., amending Act No.
256/2004 Coll., on business on the capital market, as amended
regulations, and other related laws.
43. The third part of the Act No. 306/2008 Coll., amending Act No 155/1995
Coll., on pension insurance, as amended, law No.
582/1991 Coll., on the Organization and implementation of social security, as amended by
amended, and some other laws.
44. Part six of Act No. 384/2008 Coll., amending Act No. 155/1998
Coll. on sign language and amending other laws and other related
laws.
45. Part six of Act No 215/2009 Coll., amending Act No. 513/1991
Coll., the commercial code, as amended, law no 627/2004
Coll. of European society, as amended, law No.
21/1992 Coll., on banks, as amended by Act No. 126/2002 Coll., Act No.
357/1992 Coll., on inheritance tax, gift tax, and transfer tax
real estate, in the wording of later regulations, and Act No. 125/2008 Coll., on
transformations of commercial companies and cooperatives, and Act No. 40/1964 Coll.,
the civil code, as amended.
46. The third part of Act No. 227/2009 Coll., amending certain laws in the
connection with the adoption of the law on basic registers.
47. the fifth Part of Act No. 285/2009 Coll., amending certain laws in the
connection with the adoption of the Act on payment systems.
48. Part two of the Act No. 155/2010 Coll., amending certain laws to
the improvement of their applications and to reduce the administrative burden
entrepreneurs.
49. the first Part of Act No. 28/2011 Coll., amending Act No 40/1964
Coll., the civil code, as amended, and other
related laws.
50. Act No. 132/2011 Coll., amending Act No. 40/1964 Coll.,
the civil code, as amended by later regulations, and Act No. 102/1992
Coll., to regulate certain issues relating to the release of Act No.
509/1991 Coll., which amends, supplements and adjusts the civil code, in the
as amended.
51. Part Eleven of Act No. 139/2011 Coll., amending Act No.
284/2009 Coll., on payments, as amended by Act No. 156/2010 Coll., and
some other laws.
52. Act No. 116/1990 Coll., on lease and sub-lease of non-residential premises.
53. Part five, in terms of section 24 paragraph 3 of Act No. 403/1990 Coll., on
mitigation of certain property injustices.
54. Act No. 542/1990 Coll. amending and supplementing Act No. 116/1990
Coll., on lease and sublease of non-residential premises, in the wording of Act No. 403/1990
Coll. on the mitigation of certain property injustices.
55. section 26 paragraph. 1 of the Act No. 229/1991 Coll., on the adjustment of the ownership of
land and other agricultural property.
56. Law No 540/1991 Coll., amending and supplementing Act No. 116/1990
Coll., on lease and sublease of non-residential premises, in the wording of Act No. 403/1990
Coll. and Act No. 529/1990 Coll.
57. Act No. 302/1999 Coll., amending Act No. 116/1990 Coll., on
the lease and sublease of non-residential premises, in the wording of later regulations.
58. Act No. 522/2002 Coll., amending Act No. 116/1990 Coll., on
the lease and sublease of non-residential premises, in the wording of later regulations, and
repealing Act No. 124/1990 Coll., on the scope of the national committees
in the implementation of certain provisions of the law on lease and sublease of non-residential
space.
59. Act No. 360/2005 Coll., amending Act No. 116/1990 Coll., on
the lease and sublease of non-residential premises, in the wording of later regulations.
60. Act No. 72/1994 Coll., to regulate certain co-ownership
relationships to buildings and some ownership to apartments and non-residential
spaces and added some laws (the law on the ownership of flats).
61. The law No 97/1999 Coll., amending Act No. 72/1994 Coll., which
adjusting some of the co-ownership to the buildings and some
ownership of the flats and non-residential spaces and added some
laws (the law on the ownership of flats), as amended.
62. the first Part of Act No. 103/2000 Coll., amending Act No. 72/1994
Coll., to regulate certain co-ownership to the buildings and
some of the ownership to apartments and non-residential spaces and the following
Some laws (the law on the ownership of flats), as amended
legislation, law no 344/1992 Coll., on the land register of the Czech Republic
(Land Registry Act), as amended by law No. 89/1996 Coll., Act No. 586/1992
Coll., on income taxes, as amended, law No 549/1991
Coll. on court fees, as amended, law No.
40/1964 Coll., the civil code, as amended, and Act No.
357/1992 Coll., on inheritance tax, gift tax, and transfer tax
real estate, in the wording of later regulations.
63. The third part of the Act No. 223/2001 Coll., amending Act No. 219/2000
Coll., on the Czech Republic and its assets in legal relations,
as amended by law No. 492/2000 Coll., and some other laws.
64. the first Part of Act No. 451/2001 Coll., amending Act No. 72/1994
Coll., to regulate certain co-ownership to the buildings and
some of the ownership to apartments and non-residential spaces and the following
Some laws (the law on the ownership of flats), as amended
regulations, and some other laws.
65. the first part of the 1970s to Act No. 320/2002 Coll., amending and cancelling
certain acts in connection with the termination of the activities of the district offices.
66. Part three of the law No 437/2003 Coll., amending Act No. 563/1991
Coll., on accounting, as amended, and certain other
laws.
67. The law no 171/2005 Coll., amending Act No. 72/1994 Coll., which
adjusting some of the co-ownership to the buildings and some
ownership of the flats and non-residential spaces and added some
laws (the law on the ownership of flats), as amended.
68. Section 30 of Act No. 179/2005 Coll., amending certain laws
in connection with the adoption of the law on the abolition of the national property Fund of the Czech
of the Republic.
69. the thirty-fourth Part of Act No. 296/2007 Coll., amending Act No.
182/2006 Coll., on bankruptcy and the ways of its solution (insolvency law), in
as amended, and certain laws in connection with its
the adoption.
70. the first part of the 50th law No 227/2009 Coll., amending certain
laws in connection with the adoption of the law on basic registers.
71. the first Part of Act No. 345/2009 Coll., amending Act No. 72/1994
Coll., to regulate certain co-ownership to the buildings and
some of the ownership to apartments and non-residential spaces and the following
Some laws (the law on the ownership of flats), as amended
regulations, and Act No. 183/2006 Coll. on territorial planning and building regulations
(the building Act), as amended.
72. The law No. 513/1991 Coll., the commercial code.
73. Article. VII of Act No. 264/1992 Coll., amending and supplementing the civil
code, repealed the law on the State notary public and the proceedings before the national
Notary Office (the notarial regulations), and amended and added some other laws.
74. Article. (III) Act No. 282/1993 Coll., amending and supplementing Act No.
63/1991 Coll., on the protection of economic competition, as amended by Act No. 495/1992
Coll., and Act No. 513/1991 Coll., the commercial code, as amended by Act No.
264/1992 Coll., Act No. 591/1992 Coll. and Act No. 600/1992 Sb.
75. Article. (II) Act No. 156/1994 Coll., amending and supplementing Act No.
21/1992 Coll., on banks, as amended, supplementing Act No.
513/1991 Coll., the commercial code, as amended by later regulations, and act
No 328/1991 Coll., on bankruptcy and settlement, in the wording of later regulations.
76. Article. (II) Act No. 84/1995 Coll., amending and supplementing Act No.
530/1990 Coll. on bonds, as amended, law No.
513/1991 Coll., the commercial code, as amended, law No.
328/1991 Coll., on bankruptcy and settlement, in the wording of later regulations,
Act No. 99/1963 Coll., the civil procedure code, as amended
regulations, and Act No. 21/1992 Coll., on banks, as amended
regulations.
77. Article. (III) Act No. 94/1996 Coll., which amends and supplements Act No.
328/1991 Coll., on bankruptcy and settlement, in the wording of later regulations,
Act No. 455/1991 Coll., on trades (Trade Act),
in the wording of later regulations, and Act No. 513/1991 Coll., the commercial code,
in the wording of later regulations, and Act No. 40/1964 Coll., the civil code,
in the wording of later regulations.
78. Article. (I) Act No. 142/1996 Coll., amending and supplementing Act No.
513/1991 Coll., the commercial code, as amended, and amending
Act No. 99/1963 Coll., the civil procedure code, as amended
regulations.
79. Part six of Act No. 15/1998 Coll., on surveillance in the capital
market and amending and supplementing other acts.
80. Article. (II) Act No. 165/1998 Coll., amending Act No. 21/1992 Coll.,
the banks, in the wording of later regulations, and some other laws.
81. Part five of law No. 356/1999 Coll., amending Act No 455/1991
Coll., on trades (Trade Act), as amended by
amended, and some other laws.
82. Part of the seventh law No 27/2000 Coll., amending certain laws in the
connection with the adoption of the law on public auctions.
83. Part XII of the Act No. 29/2000 Coll. on postal services and on the
amendments to certain acts (the Act on postal services).
84. The third part of the Act No. 30/2000 Coll., amending Act No 99/1963
Coll., the civil procedure code, as amended, and certain other
laws.
85. Part five of law No. 105/2000 Coll., amending Act No. 328/1991
Coll., on bankruptcy and settlement, in the wording of later regulations, and some
other laws.
86. Part four of Act No. 367/2000 Coll., amending Act No 40/1964
Coll., the civil code, as amended, and certain other
laws.
87. the first Part of Act No. 370/2000 Coll., amending Act No. 513/1991
Coll., the commercial code, as amended, law No 358/1992
Coll. of notaries public and their activities (notarial regulations), as amended
legislation, law No. 15/1998 Coll., on the Securities and Exchange Commission and about the change and
supplement other laws, as amended by Act No. 30/2000 Coll., Act No.
200/1990 Coll. on offences, as amended, law No.
99/1963 Coll., the code of civil procedure, in the wording of later regulations, and act
No 328/1991 Coll., on bankruptcy and settlement, in the wording of later regulations.
88. the second Section of the Act No 120/2001 Coll., on judicial executors and
enforcement activities (procedure) and amending other laws.
89. Part five of law No. 353/2001 Coll., amending Act No. 563/1991
Coll., on accounting, as amended, and certain other
laws.
90. Part five of law No. 15/2002 Coll., amending Act No. 238/1992
Coll., on certain measures connected with the protection of the public interest and
about the incompatibility of some of the features (the law on conflict of interests), as amended by
amended, and some other laws.
91. Part two of the law No 125/2002 Coll., amending certain laws in the
connection with the adoption of the Act on payment systems.
92. the fifth Part of Act No. 126/2002 Coll., amending Act No. 21/1992
Coll., on banks, as amended, Act No. 219/1995 Coll.,
the Foreign Exchange Act, as amended, Act No. 593/1992 Coll., on the
the reserves for the findings of the tax base from income, as amended
legislation, law No. 239/2001 Coll., on the Czech Consolidation Agency and
amendments to certain acts (the Act on the Czech Consolidation Agency), as amended by
Law No. 15/2002 Coll., Act No. 513/1991 Coll., the commercial code, in
as amended, and Act No. 363/1999 Coll., on insurance and
amending certain related laws (the law on insurance), in
as amended.
93. Part of the twenty-second of the Act No. 151/2002 Coll., amending certain
laws in connection with the adoption of the administrative judicial procedure.
94. Part seven of Act No. 308/2002 Coll., amending Act No. 15/1998
Coll. on the Securities and Exchange Commission, and amending and supplementing other acts, in
as amended, and some other laws.
95. the thirty-seventh Part of Act No. 309/2002 Coll., amending the laws
related to the adoption of the Act on the service of civil servants in the
the administrative offices and the remuneration of these staff, and other
employees in the administrative offices (business law).
96. The third part of the Act No. 312/2002 Coll., on officials of territorial
STUs and on amendment to certain laws.
97. the first Part of Act No. 88/2003 Coll., amending Act No. 513/1991
Coll., the commercial code, as amended, Act No 40/1964
Coll., the civil code, as amended, Act No. 99/1963
Coll., the civil procedure code, as amended, law No.
591/1992 Coll. on securities, as amended, the law
No 358/1992 Coll., on notaries public and their activities (notarial regulations), as amended by
amended, law No 370/2000 Coll., amending Act No.
513/1991 Coll., the commercial code, as amended, law No.
358/1992 Coll., on notaries public and their activities (notarial regulations), as amended by
amended, law No. 15/1998 Coll., on the Securities and Exchange Commission and
amending and supplementing other acts, as amended by Act No. 30/2000 Coll.
Act No. 200/1990 Coll. on offences, as amended,
Act No. 99/1963 Coll., the civil procedure code, as amended
regulations, and Act No. 328/1991 Coll., on bankruptcy and settlement, in the text of the
amended, as amended by Act No. 501/2001 Coll. and ruling
the Court declared under no. 476/2002 Coll., Act No. 219/2000 Coll., on the asset
The Czech Republic and its performance in legal relations, as amended by
amended, and Act No 455/1991 Coll., on trades
(Trade Act), as amended.
98. the second Part of the law No 437/2003 Coll., amending Act No. 563/1991
Coll., on accounting, as amended, and certain other
laws.
99. The third part of Act No. 85/2004 Coll., amending Act No. 252/1997
Coll., on agriculture, as amended, and certain other
laws.
100. Part two of the Act No 257/2004 Coll., amending certain laws in the
connection with the adoption of the law on capital market business Act
collective investment and the law on the bonds.
101. the second Part of the Act No 360/2004 Coll., on the European economic
interest grouping (EEIG) and on the amendment of Act No. 513/1991 Coll., the commercial
code, as amended by later regulations, and Act No. 586/1992 Coll., on the
income taxes, as amended, (the Act on the European
economic interest grouping).
102. Part two of the Act No. 484/2004 Coll., amending Act No.
143/2001 Coll., on the protection of competition and on the amendment of certain laws
(Act on the protection of competition), as amended by Act No. 340/2004 Coll.,
Act No. 513/1991 Coll., the commercial code, as amended,
and Act No. 526/1990 Coll., on prices, as amended.
103. Part five of law no 499/2004 Coll. on Archives and archival service
and on amendment to certain laws.
104. Part four of the law No 554/2004 Coll., amending Act No.
40/1964 Coll., the civil code, as amended, law No.
99/1963 Coll., the code of civil procedure, as amended, the law
No 358/1992 Coll., on notaries public and their activities (notarial regulations), as amended by
amended, law No 513/1991 Coll., the commercial code, as amended by
amended, and Act No. 337/1992 Coll., on administration of taxes and fees
in the wording of later regulations.
105. Part five of law No. 179/2005 Coll., amending certain laws in the
connection with the adoption of the law on the abolition of the national property Fund of the Czech
of the Republic.
106. the first Part of the Act No. 216/2005 Coll., amending Act No.
513/1991 Coll., the commercial code, as amended, law No.
99/1963 Coll., the code of civil procedure, as amended, the law
No 189/1994 Coll., on higher judicial officials, as amended
regulations, and Act No. 358/1992 Coll., on notaries public and their activities
(the notarial regulations), as amended.
107. Part nine of Act No. 377/2005 Coll., on the supplementary supervision of
banks, spořitelními and úvěrními associations, insurance companies and traders
securities in the financial conglomerates directive, and amendment to certain other
laws (the law on financial conglomerates).
108. Part of the ninth law no 413/2005 Coll., amending laws in connection with the
the adoption of the law on the protection of classified information and security
eligibility.
109. Section 12 of Act No 56/2006 Coll., amending Act No.
256/2004 Coll., on business on the capital market, as amended
regulations, and other related laws.
110. Part of the twenty-third of law No 57/2006 Coll., amending the laws in
the context of the unification of financial market supervision.
111. Part Eleven of Act No. 79/2006 Coll., amending Act No.
85/1996 Coll., on the legal profession, as amended, and other
related laws.
112. Part seven of law No 81/2006 Coll., amending Act No. 365/2000
Coll., on information systems of public administration and on the amendment of certain
other laws, in wording of later regulations, and other related
laws.
113. the first Part of Act No. 308/2006 Coll., amending certain laws in the
connection with the adoption of the Act on a European cooperative society.
114. The third part of Act No. 269/2007 Coll., amending Act No.
365/2000 Coll., on information systems of public administration and
some of the other acts, in the wording of later regulations, and more
related laws.
115. Section 12 of Act No. 296/2007 Coll., amending Act No.
182/2006 Coll., on bankruptcy and the ways of its solution (insolvency law), in
as amended, and certain laws in connection with its
the adoption.
116. the first Part of Act No. 344/2007 Coll., amending Act No.
513/1991 Coll., the commercial code, as amended by later regulations, and act
No. 200/1990 Coll. on offences, as amended.
117. The third part of the Act No. 36/2008 Coll., amending Act No. 634/1992
Coll., on consumer protection, as amended, law No.
40/1995 Coll., on regulation of advertising and amending and supplementing Act No. 468/1991
Coll., on radio and television broadcasting activities, as amended by
amended, in wording of later regulations, and Act No. 513/1991
Coll., the commercial code, as amended.
118. Part two of the Act No. 104/2008 Coll., on takeover bids and on the change
certain other laws (the law on takeover bids).
119. the second Part of the Act No. 126/2008 Coll., amending certain laws in the
the context of the adoption of the law on the transformation of companies and
cooperatives.
120. Part of the eighth Act No. 130/2008 Coll., amending Act No 455/1991
Coll., on trades (Trade Act), as amended by
amended, and other related laws.
121. Part five of law No. 230/2008 Coll., amending Act No. 256/2004
Coll., on business on the capital market, as amended, and
other related laws.
122. the first Part of Act No. 215/2009 Coll., amending Act No.
513/1991 Coll., the commercial code, as amended, law No.
627/2004 Coll., on the European company, in wording of later regulations,
Act No. 21/1992 Coll., on banks, as amended by Act No. 126/2002 Coll., Act
No. 357/1992 Coll., on inheritance tax, gift tax, and transfer tax
real estate, in the wording of later regulations, and Act No. 125/2008 Coll., on
transformations of commercial companies and cooperatives, and Act No. 40/1964 Coll.,
the civil code, as amended.
123. The third part of the Act No. 217/2009 Coll., amending Act No.
182/2006 Coll., on bankruptcy and the ways of its solution (insolvency law), in
as amended, and other related laws.
124. Part of the twenty-second Act No 227/2009 Coll., amending certain
laws in connection with the adoption of the law on basic registers.
125. Part seven of law no 230/2009 Coll., amending Act No.
256/2004 Coll., on business on the capital market, as amended
regulations, and other related laws.
126. Part six of Act No. 285/2009 Coll., amending certain laws in the
connection with the adoption of the Act on payment systems.
127. the first Part of Act No 420/2009 Coll., amending Act No.
513/1991 Coll., the commercial code, as amended, and other
related laws.
128. Act No. 152/2010 Coll., amending Act No. 513/1991 Coll.,
the commercial code, as amended.
129. Part three of the law no 409/2010 Coll., amending laws in connection with the
the adoption of the law on financial collateral arrangements.
130. Part of the thirteenth law No 427/2010 Coll., amending Act No.
326/1999 SB. on residence of aliens in the territory of the Czech Republic and amending
certain laws, as amended, Act No. 325/1999 Coll.
on asylum and on the amendment of Act No. 283/1991 Coll., on the police of the Czech Republic, in the
as amended, (asylum Act), as amended
regulations, and other related laws.
131. the fifth Part of Act No. 188/2011 Coll., amending Act No. 189/2004
Coll., on collective investment, as amended, and other
related laws.
132. Act No. 94/1963 Coll., on the family.
133. Act No. 132/1982 Coll., amending and supplementing the law on the family.
134. Act No. 234/1992 Coll., amending and supplementing Act No. 94/1963
Coll., on the family, as amended by Act No. 132/1982 Coll.
135. Article. And Act No. 91/1998 Coll., amending and supplementing Act No.
94/1963 Coll., on the family, as amended, and amending and
supplement other laws.
136. Part two of the Act No. 360/1999 Coll., amending certain laws in the
connection with the adoption of the law on social and legal protection of children.
137. the second Part of the Act No. 301/2000 Coll. on registers, the name and surname and
amending certain related laws.
138. Part two of the Act No. 109/2002 Coll. on the execution of institutional care or
protective education in educational establishments and the preventive educational care
in the educational establishments and amending other laws.
139. Section 43 of Act No. 320/2002 Coll., amending and cancelling
certain acts in connection with the termination of the activities of the district offices.
140. Act No. 321/2002 Coll., amending Act No. 94/1963 Coll., on the
the family, in the wording of later regulations.
141. the second part of the law No. 315/2004 Coll., amending Act No.
117/1995 Coll., on State social assistance, as amended,
Act No. 94/1963 Coll., on the family, in the wording of later regulations, and act
No. 359/1999 Coll. on social and legal protection of children, as amended
regulations.
142. The third part of law no 383/2005 Coll., amending Act No.
109/2002 Coll. on the execution of institutional care or protective custody in
school facilities and preventive educational care in school
establishments and amending other laws, as amended, and
other related laws.
143. Part two of the Act No. 112/2006 Coll., amending certain laws in the
connection with the adoption of the law on environmental and existential minimum and the law
on assistance in material need.
144. Part four of Act No. 115/2006 Coll., on registered partnership and
amending certain related laws.
145. Part two of the Act No. 135/2006 Coll., amending Act No.
359/1999 Coll., on the protection of children, operating as amended
legislation, Act No. 94/1963 Coll., on the family, in the wording of later regulations,
Act No. 99/1963 Coll., the civil procedure code, as amended
legislation, Act No. 117/1995 Coll., on State social assistance, as amended by
amended, and Act No. 200/1990 Coll. on offences, as amended by
amended.
146. Part seven of Act No 227/2006 Coll., on research on human
embryonic stem cells and related activities and amending
some of the related laws.
147. Section 43 of the Act No 342/2006 Coll., amending
Some laws related to the areas of registration of the population and some of the other
laws.
148. Part two of the Act No. 259/2008, Coll., amending Act No 99/1963
Coll., the civil procedure code, as amended, and certain other
laws.
149. The Act No 42/1980 Coll., on economic relations with foreign countries.
150. Act No. 102/1988 Coll. amending and supplementing Act No 42/1980
Coll., on economic relations with foreign countries.
151. Act No. 113/1990 Coll. amending and supplementing Act No 42/1980
Coll., on economic relations with foreign countries, as amended by Act No. 102/1988
SB.
152. The third part, in terms of section 5 of Act No. 223/1994 Coll., on merge
Czechoslovak Chamber of Commerce and industry with the Economic Chamber
The Czech Republic, concerning certain measures related to it and about the change and
supplementing the Act of the Czech National Council No. 301/1992 Coll., on economic
Chamber of the Czech Republic and agricultural Chamber of the Czech Republic, as amended by
Law No. 121/1993 Coll.
153. Part six of Act No. 227/2009 Coll., amending certain laws in the
connection with the adoption of the law on basic registers.
154. Act No. 83/1990 Coll. on associations of citizens.
155. Act No. 300/1990 Coll. amending and supplementing Act No. 83/1990
Coll. on the Association of citizens.
156. Article. (I) Act No. 68/1993 Coll., which amends and supplements certain
laws in the field of general internal administration.
157. Part of the eighth Act No. 151/2002 Coll., amending certain laws in the
connection with the adoption of the administrative judicial procedure.
158. the second Part of law no 230/2006 Coll., amending Act No. 89/1995
Coll., on State statistical service, in wording of later regulations, and more
related laws.
159. The part of the thirty-fifth Act No 342/2006 Coll., amending certain
laws related to the areas of registration of inhabitants and some other laws.
160. Act No. 33/2008 Coll., amending Act No. 83/1990 Coll., on
Association of citizens, as amended.
161. Section 12 of Act No. 227/2009 Coll., amending certain
laws in connection with the adoption of the law on basic registers.
162. Part six of Act No. 424/2010 Coll., amending Act No.
111/2009 Coll., on basic registers, as amended by Act No. 100/2010 Sb.
and other related laws.
163. Act No. 248/1995 Coll. on non-profit societies and
change and additions to certain laws.
164. Law No. 208/2002 Coll., amending Act No. 248/1995 Coll., on
charitable societies and amending and supplementing certain acts.
165. Part XVI of the Act No. 320/2002 Coll., amending and canceling some of the
laws in connection with the termination of the activities of the district offices.
166. Part four of Act No 437/2003 Coll., amending Act No.
563/1991 Coll., on accounting, as amended, and some
other laws.
167. The part of the XLIV Act No. 296/2007 Coll., amending Act
No 182/2006 Coll., on bankruptcy and the ways of its solution (insolvency law),
as amended, and certain laws in connection with its
the adoption.
168. Part Eleven of Act No. 126/2008 Coll., amending certain
laws in connection with the adoption of the law on transformation
companies and cooperatives.
169. The part of the sixties Act No 227/2009 Coll., amending certain
laws in connection with the adoption of the law on basic registers.
170. Act No. 231/2010 Coll., amending Act No. 248/1995 Coll., on
charitable societies and amending and supplementing certain laws,
in the wording of later regulations.
171. Act No. 59/1998 Coll., on liability for damage caused by a defect in the
the product.
172. Act No. 209/2000 Coll., amending Act No. 59/1998 Coll., on
liability for damage caused by a defect in the product.
173. the first Part and in the part of the ninth section 35 and 36 of Act No. 227/1997 Coll., on
foundations and Foundation funds and amending and supplementing certain
related laws (the law on foundations and Foundation funds).
174. the first Part of Act No. 210/2002 Coll., amending Act No.
227/1997 Coll., on foundations and Foundation funds and amending and supplementing
some related laws (Act on foundations and Foundation funds),
and Act No. 586/1992 Coll., on income taxes, as amended
regulations.
175. Part XVI of the Act No 257/2004 Coll., amending certain
laws in connection with the adoption of the law on business on the capital market,
the law on collective investment and the law on the bonds.
176. Section 52 of the Act No. 296/2007 Coll., amending Act
No 182/2006 Coll., on bankruptcy and the ways of its solution (insolvency law),
as amended, and certain laws in connection with its
the adoption.
177. the twelfth Part of Act No. 126/2008 Coll., amending certain
laws in connection with the adoption of the law on transformation
companies and cooperatives.
178. the first part of the 1970s to Act No 227/2009 Coll., amending
Some laws in connection with the adoption of the law on basic registers.
179. The law No 158/2010 Coll., amending Act No. 227/1997 Coll., on
foundations and Foundation funds and amending and supplementing certain
related laws (the law on foundations and Foundation funds Act), as amended by
amended.
180. Part eight of the law No 160/2010 Coll., amending certain laws in the
the context of the adoption of a regulation of the European Parliament and of the Council on the
credit rating agencies.
181. the thirteenth section of Act No. 188/2011 Coll., on collective investment
in the wording of later regulations, and other related laws.
182. Act No. 102/1992 Coll., to regulate certain issues
associated with the release of Act No. 509/1991 Coll., which amends, supplements
and adjusts the civil code.
183. The part of the eighth Act No. 227/1997 Coll., on foundations and Foundation funds and
on the change and the addition of some related laws (Act on foundations and
Foundation funds).
184. Act No. 126/1998 Coll., amending Act of the Czech National Council No.
102/1992 Coll., to regulate certain issues relating to the release
Act No. 509/1991 Coll., which amends, supplements and adjusts the civil
code, as amended by Act No. 227/1997 Coll.
185. The part of the thirty-ninth of Act No. 320/2002 Coll., amending and cancelling
certain acts in connection with the termination of the activities of the district offices.
186. Part two of the Act No 359/2005 Coll., amending Act No 40/1964
Coll., the civil code, as amended, and some
related laws.
187. Act No. 591/1992 Coll. on securities.
188. Law No. 89/1993 Coll., amending Act of the Czech National Council No.
591/1992 Coll. on securities.
189. Part eight of the law no 331/1993 Coll., on the State budget of the Czech
Republic on the year 1994 and amending and supplementing certain acts.
190. Article. (II) and article. (III) section 15 of Act No. 259/1994 Coll., amending and
following the law of the Czech National Council No. 586/1992 Coll., on income taxes,
in the wording of later regulations, and act of the Czech National Council No. 591/1992
Coll. on securities, as amended.
191. Law No. 152/1996 Coll., amending and supplementing Act of the Czech
the National Council no 591/1992 Coll. on securities, as amended
regulations, and Act No. 214/1992 Coll., on the stock exchange, in the text of the
amended.
192. Part three of the law No. 15/1998 Coll., on surveillance in the capital
market and amending and supplementing other acts.
193. Article. (II) Law No 70/2000 Coll., amending Act No. 229/1992
On commodity exchanges, as amended, law No.
591/1992 Coll. on securities, in wording of later regulations, and act
No 214/1992 Coll., on the stock exchange, as amended.
194. Part two of the Act No. 308/2000 Coll., on agricultural rock formations
sheets and agricultural public warehouses and amending certain
related laws.
195. the first Part of Act No. 362/2000 Coll., amending Act No.
591/1992 Coll. on securities, as amended, and
some other laws.
196. Part two of the Act No. 259/2001 Coll., on the State bond program
to cover the loss Consolidation Bank Prague, State financial institution,
for the year 1999, and amending the Act No 591/1992 Coll., on the securities in the
as amended.
197. Part two of the Act No. 308/2002 Coll., amending Act No. 15/1998
Coll. on the Securities and Exchange Commission, and amending and supplementing other acts, in
as amended, and some other laws.
198. Part four of Act No. 88/2003 Coll., amending Act No.
513/1991 Coll., the commercial code, as amended, law No.
40/1964 Coll., the civil code, as amended, law No.
99/1963 Coll., the code of civil procedure, as amended, the law
No 591/1992 Coll. on securities, as amended,
Law No 358/1992 Coll., on notaries public and their activities (notarial regulations), in
as amended, law No 370/2000 Coll., amending Act
No. 513/1991 Coll., the commercial code, as amended, the law
No 358/1992 Coll., on notaries public and their activities (notarial regulations), as amended by
amended, law No. 15/1998 Coll., on the Securities and Exchange Commission and
amending and supplementing other acts, as amended by Act No. 30/2000 Coll.
Act No. 200/1990 Coll. on offences, as amended,
Act No. 99/1963 Coll., the civil procedure code, as amended
regulations, and Act No. 328/1991 Coll., on bankruptcy and settlement, in the text of the
amended, as amended by Act No. 501/2001 Coll. and ruling
the Court declared under no. 476/2002 Coll., Act No. 219/2000 Coll., on the asset
The Czech Republic and its performance in legal relations, as amended by
amended, and Act No 455/1991 Coll., on trades
(Trade Act), as amended.
199. the first Part of Act No 257/2004 Coll., amending certain laws in the
connection with the adoption of the law on capital market business Act
collective investment and the law on the bonds.
200. The part of the eighth Act No 56/2006 Coll., amending Act No. 256/2004
Coll., on business on the capital market, as amended, and
other related laws.
201. The part of the twenty-seventh law No. 296/2007 Coll., amending Act No.
182/2006 Coll., on bankruptcy and the ways of its solution (insolvency law), in
as amended, and certain laws in connection with its
the adoption.
202. Part six of Act No. 230/2008 Coll., amending Act No.
256/2004 Coll., on business on the capital market, as amended
regulations, and other related laws.
203. Section 40 of Act No. 227/2009 Coll., amending certain
laws in connection with the adoption of the law on basic registers.
204. the fifth Part of law no 409/2010 Coll., amending laws in connection with the
the adoption of the law on financial collateral arrangements.
205. the first Part of Act No. 37/2004 Coll., on insurance contracts and amending
related acts (the Act on insurance contracts).
206. the fourteenth Part of Act No. 377/2005 Coll., on the supplementary supervision of
banks, spořitelními and úvěrními associations, insurance companies and traders
securities in the financial conglomerates directive, and amendment to certain other
laws (the law on financial conglomerates).
207. Part Eleven of Act No. 57/2006 Coll., amending the laws in the context of
with the unification of financial market supervision.
208. the fifth Part of Act No. 198/2009 Coll., on equal treatment and the legal
the means of protection against discrimination and on amendments to certain laws
(the anti-discrimination Act).
209. The part of the one hundred and forty-second Act No 227/2009 Coll., amending
Some laws in connection with the adoption of the law on basic registers.
210. Part of the first law no 278/2009 Coll., amending laws in connection with the
the adoption of the law on insurance.
211. the Government Regulation No 142/1994 Coll., laying down the amount of interest from the
the delay and the fee for late payment under the civil code.
212. Decree-Law No. 163/2005 Coll., amending Decree-Law No.
142/1994 Coll., laying down the amount of interest on late payments, and a fee of
delay under the civil code.
213. Government Regulation No. 33/2010 Coll., amending Decree-Law No.
142/1994 Coll., laying down the amount of interest on late payments, and a fee of
the delay, according to the civil code, as amended by Government Decree No. 163/2005
SB.
214. the Government Regulation No 258/1995 Coll., implementing the civil
code.
215. the Government Regulation No 174/2009 Coll., amending Decree-Law No.
258/1995 Coll., implementing the civil code.
216. the Government Regulation No 371/2004 Coll., which shall be issued on the sample bylaws
the owners of the community units.
217. The Government Decree No 151/2006 Coll., amending Decree-Law No.
371/2004 Coll., amending the statutes of the community of owners shall be issued a master
units.
218. Decree No. 47/1964 Coll., on financial services to the citizens.
219. Decree No 136/1969 Coll., amending Decree No. 47/1964 Coll., on
financial services to citizens, as amended by Decree No. 45/1965 Coll.
220. Decree No. 27/1982 Coll., amending and supplementing the Ordinance
the Ministry of Finance No. 47/1964 Coll., on financial services to citizens in the
the text of the Decree of the Federal Ministry of finance regulation No 136/1969 Coll.
221. Decree No 146/1990 Coll. amending and supplementing the Ordinance
the Ministry of Finance No. 47/1964 Coll., on financial services to citizens in the
as amended.
222. Decree No. 133/1964 Coll., on road transport.
223. Decree No. 74/1981 Coll., amending and supplementing the Ordinance
the Ministry of transport no. 133/1964 Coll., on road transport.
224. Decree No. 106/1984 Coll., amending and supplementing the Ordinance
the Ministry of transport no. 133/1964 Coll., on road transport.
225. Decree No. 18/1965 Coll., on conditions for the maintenance and repair of road
motor vehicles for the transport of the property of the citizens and nesocialistických
organizations.
226. Decree No. 17/1966 Coll., on air carriage rules.
227. Decree No. 15/1971 Coll., amending Decree of the Ministry of
No. 17/1966 Coll., on air carriage rules.
228. Decree No 121/1980 Coll., on financial assistance for the transfer of
the Group of family houses from the cooperative to personal property.
229. Decree No. 122/1980 Coll., on a single contribution to the measures
replacement housing for citizens, who releases the apartment in a managed object
National Socialist organizations.
230. Decree No. 69/1982 Coll., amending and supplementing the Ordinance
the Federal Ministry of finance, the Ministry of Finance of the Czech
Socialist Republic and Slovak Socialist Ministry of finance
No. 122/1980 Coll., on a single contribution to the measures
replacement housing for citizens, who releases the apartment in a managed object
National Socialist organizations.
231. Decree No 136/1985 Coll., on financial, credit and other assistance
cooperative and individual housing construction and modernisation of family houses
in personal ownership.
232. Decree No. 74/1989 Coll., amending and supplementing the Ordinance
the Federal Ministry of finance, the Ministry of Finance of the Czech
the Socialist Republic, the Ministry of Finance of the Slovak Socialist
of the Republic and Chairman of the Czechoslovak State Bank no. 136/1985 Coll., on
financial, credit and other assistance to cooperative and individual housing
construction and modernization of family houses in personal ownership.
233. Decree No. 73/1991 Coll., amending and supplementing the Ordinance
the Federal Ministry of finance, the Ministry of Finance of the Czech
the Socialist Republic, the Ministry of Finance of the Slovak Socialist
of the Republic and Chairman of the Czechoslovak State Bank no. 136/1985 Coll., on
financial, credit and other assistance to cooperative and individual housing
construction and modernization of family houses in personal ownership, as amended by
Decree No. 74/1989 Coll.
234. Decree No. 398/1992 Coll., amending and supplementing the Ordinance
the Federal Ministry of finance, the Ministry of Finance of the Czech
the Socialist Republic, the Ministry of Finance of the Slovak Socialist
of the Republic and Chairman of the Czechoslovak State Bank no. 136/1985 Coll., on
financial, credit and other assistance to cooperative and individual housing
construction and modernization of family houses in personal ownership, as amended by
Decree No. 74/1989 Coll. and Decree No. 73/1991.
235. Decree No. 89/1998 Coll., amending Decree of the Federal
the Ministry of finance, the Ministry of Finance of the Czech Socialist
of the Republic, the Ministry of Finance of the Slovak Socialist Republic and the
Chairman of the Czechoslovak State Bank no. 136/1985 Coll., on financial,
credit and other assistance to cooperative and individual housing construction and
modernisation of family houses in personal ownership, as amended
regulations.
236. Decree No. 385/2000 Coll., amending Decree of the Federal
the Ministry of finance, the Ministry of Finance of the Czech Socialist
of the Republic, the Ministry of Finance of the Slovak Socialist Republic and the
Chairman of the Czechoslovak State Bank no. 136/1985 Coll., on financial,
credit and other assistance to cooperative and individual housing construction and
modernisation of family houses in personal ownership, as amended
regulations.
237. order no 440/2001 Coll. on compensation of pain and disfigurement
social application.
238. Decree No. 50/2003 Coll., amending Decree No 440/2001 Coll.
on the compensation for the pain and make it more difficult for social application.
section 3081
The effectiveness of the
This law shall enter into force on 1 January 2005. January 2014.
Němcová in r.
Klaus r.
Nečas in r.
1) of the Council directive of 25 June. July 1985 on the approximation of the laws, regulations and
administrative provisions of the Member States concerning liability for defective
products (85/374/EEC).
Council directive of 20 December 2002. December 1985 to protect the consumer in
the case of contracts concluded away from business premises (85/577/EEC).
Council directive of 18 March 2004. December 1986 on the coordination of laws
of the Member States relating to the independent sales representatives
(86/653/EEC).
Council directive of 22 July. June 1987 on the coordination of laws, regulations and administrative
provisions relating to legal expenses insurance (87/344/EEC).
Council directive of 13 June. June 1990 on package travel,
holidays and package tours (90/314/EEC).
Council directive of 5 April. April 1993 on unfair terms in
consumer contracts (93/13/EEC).
Directive of the European Parliament and of the Council of 20 July 1998. May 1997 on the protection of
consumers in respect of distance contracts (97/7/EC).
Directive of the European Parliament and of the Council of 6 November 2001. October 1997, which
amending Directive 84/450/EEC on misleading advertising so as to include the
comparative advertising (97/55/EC).
Directive of the European Parliament and of the Council of 16 June 2003. February 1998 on the protection of
consumers in the indication of prices of products offered to consumers
(98/6/EC).
Directive of the European Parliament and of the Council of 25 June 2002. May 1999 concerning certain
aspects of the purchase of consumer goods and guarantees for consumer goods
(1999/44/EC).
Directive of the European Parliament and of the Council of 29 April 2004. June 2000 on the procedure for
against late payment in commercial transactions (2000/35/EC).
Directive of the European Parliament and of the Council of 12 March 2001. December 2006 on the
misleading and comparative advertising (2006/114/EC).
Directive of the European Parliament and of the Council of 14 June 2006. January 2009 on the protection of
consumers in respect of certain aspects of contracts concerning temporary use
accommodation (timeshare), about the long-term holiday
products, resale and Exchange (2008/122/EC).
European Parliament and Council directive 2009/101/EC of 16 December 2002. September 2009
on the coordination of protective measures, which are to protect the interests of
shareholders and third parties required from companies in the Member States
within the meaning of article. 48 the second subparagraph of the Treaty, in order to achieve
the equivalence of those measures.