The Civil Code

Original Language Title: občanský zákoník

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=74907&nr=89~2F2012~20Sb.&ft=txt

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 with