On Private International Law

Original Language Title: o mezinárodním právu soukromém

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=74909&nr=91~2F2012~20Sb.&ft=txt

91/Sb.



LAW



of 25 June 2002. January 2012



on private international law



Parliament has passed the following Act of the United States:



PART THE FIRST



GENERAL PROVISIONS



§ 1



The subject of the edit



This Act regulates in proportions with an international element



and the laws of the State) is governed by the private law aspect ratios including

using other than the specified provisions of the applicable law,



(b) the legal status of aliens and) foreign legal entities in the

private-law relationships



(c) jurisdiction and procedure of the courts) and other organs when you edit those

in (a)), and (b)) and make decisions about them, including how in control,

If there is an international element only in the control itself,



(d)) the recognition and enforcement of foreign decisions,



e) legal aid in contact with foreign countries,



f) certain matters relating to bankruptcy,



g) some matters relating to the arbitration, including the recognition and

enforcement of foreign arbitral awards.



§ 2



International treaties and the rules of the European Union



The law shall apply within the limits of the provisions of international agreements, announced

which the Czech Republic is bound (hereinafter referred to as "international agreement"), and

the directly applicable provisions of the law of the European Union ^ 1).



§ 3



Necessarily applicable legislative provisions



Provisions of this Act do not prevent the application of those provisions of the Czech

the rule of law, which must be within the limits of their scope to use

always, regardless of which law governs the legal relations, in

which are reflected the effects of the application of such provisions.



§ 4



The reservation of public order



The provisions of foreign law, which is to be used by

provisions of this Act, does not apply when the effects of this

the use of apparently would contravene public policy. For the same reasons cannot be

to recognise the foreign judgment, the foreign court settlement, foreign notarial and other

authentic instrument, a foreign arbitration award, or to perform a procedural act to the

letters rogatory from abroad, or to recognise the legal ratio or the fact that

incurred in a foreign country, or by a foreign legal system.



§ 5



Circumvention of the law



Disregard to facts that were created or affected by deliberate

Act intended to make the provisions of this Act, from which the

the parties cannot be waived, used or to be used

otherwise, than if they had created or simulated fact.



PART TWO



THE GENERAL PROVISIONS OF INTERNATIONAL PROCEDURAL LAW



TITLE I OF THE



The POWER to



§ 6



The jurisdiction of Czech courts



(1) the jurisdiction of Czech courts is given if it is in accordance with the procedural

regulations for the management of Court of jurisdiction within the territory of the Czech Republic,

If the provisions of this Act or other legislation

requires otherwise.



(2) if in the case jurisdiction of Czech courts, subject to their

jurisdiction and the mutual design of the same legal relationship or from the same

factual circumstances.



§ 7



Immunity from jurisdiction of Czech courts



(1) the jurisdiction of Czech courts are exempted foreign States with regard to

proceedings arising from their actions and acts in the exercise of their

State, Government and other public powers and functions, including their

the property, which is used for such performance or intended.



(2) the immunity from jurisdiction of Czech courts does not extend to any other Act,

acts or cases, and to the extent in which, according to general international

law or an international treaty can be against a foreign State, to exercise the rights

in the courts of another State.



(3) the jurisdiction of Czech courts are not subject to a person, the international

organisations and institutions, which, according to international agreements, the General

international law or Czech legislation in the United

Republic of immunity, to the extent that they have listed.



(4) the provisions of paragraphs 1 and 3 shall apply to the service of documents,

summoning of witnesses, enforcement or other procedural acts.



(5) delivery of foreign States, international organizations, institutions and

persons enjoying immunity in cases where they are not exempted from the jurisdiction of

Czech courts, Ministry of Foreign Affairs. If you cannot

follow these steps to deliver the Court will appoint a guardian.



(6) the provisions of paragraphs 1 to 5 shall apply to the procedure of other Czech

public authorities, decisions in the matters governed by this law,

adequately.



TITLE II



THE PROVISIONS ON THE MANAGEMENT OF



§ 8



Basic provisions



(1) the courts shall act in accordance with the Czech procedural rules with

the fact that the parties have equal status in the application of their rights.



(2) proceedings initiated in another State does not prevent the initiation of a proceeding about the same things

between the same parties in the Czech courts. If the proceedings in the Czech courts

launched later than the proceedings initiated in another State, may is a Czech court

in justified cases, interrupt, if it can be assumed that

the foreign authority will be recognised in the Czech Republic.



Situation of foreigners and foreign persons in the management



§ 9



(1) the eligibility of foreigners to be party to the proceedings and its process

eligibility is governed by the laws of the State in which the alien has the usual

the stay; However, if it is eligible under the Czech legal order.



(2) the eligibility of foreign natural persons, other than be a party to

proceedings and their procedural competence is governed by the rule of law, according to which

such a person is established; However, if it is eligible under the Czech

the rule of law.



§ 10



Foreigners and foreign legal persons have, under the same conditions as the

citizens of the Czech Republic and the Czech legal entities entitled to

exemption from court fees and advances, and to the provisions of the free

representative to safeguard their interests, reciprocity is guaranteed. Condition

guarantee of reciprocity does not apply to citizens of Member States of the European Union and the

other States that make up the European economic area.



§ 11



(1) an alien who has usual residence abroad, and foreign legal

the person, who is seeking a decision on securities law, the Court may

Save on a proposal from the defendant to lodge a security specified by the Court on

costs of the proceedings. I won't make the deadline, the Court will not

against the will of the defendant in the proceedings continue and control stops. About is

the applicant should be advised.



(2) the composition of the security cannot be saved if



and a proposal for its composition) was filed when the defendant in a case already

acted, or perform a procedural act, although already knew, that the plaintiff is not

a citizen of the United States or the Czech legal person or that

lost of citizenship of the Czech Republic or ceased to be a Czech

legal person, or does not have usual residence in the Czech Republic,



(b)) in the State of which the applicant is a citizen of, in such instances from the

the State of the citizen of the Czech Republic or the Czech legal persons security

not sought,



(c)), the applicant has in the Czech Republic in the price of the immovable thing sufficient to

payment of the costs incurred in the proceedings, the respondent



(d)) to initiate proceedings is handled, or payment order



(e)), the applicant is exempt from court fees and advances.



(3) the obligation to lodge a security, you cannot save the citizens of the Member States

The European Union or other States that make up the European economic

space.



A foreign public document



§ 12



(1) the Charter issued by a court, a notary or by the Office in a foreign country, which applies in

where was released, for the Charter of a public or official document issued by the

the diplomatic representative or consular officer acting in the Czech

Republic, has probative power of public documents in the Czech Republic,

If it is equipped with the prescribed verification.



(2) If a Charter issued in a foreign country cannot be used with a specified authentication

accordance with the international practice and the Embassy of the United

the Republic has no doubts about its authenticity, shall endorse the instrument endorsement, that

the Embassy does not have doubts about the authenticity of this Charter.



The discovery of reciprocity



section 13 of the



The Ministry of Justice shall provide the Court at its request, a communication on the

reciprocity on the part of the foreign State.



TITLE III



THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS



§ 14



The decision of the courts of a foreign State, and the decision of the authorities of a foreign State on the rights

and obligations, which by their private

the courts ruled in the Czech Republic, as well as foreign judicial settlements and

foreign notarial and other public documents in these matters (hereinafter referred to as "foreign

the decision ") are in the Czech Republic when acquired by

confirmation from the competent foreign authority, legal authority and has been recognized by the

Czech public authorities.



§ 15



(1) if in the other provisions of this law is not made for something

another, final foreign judgment cannot be acknowledged if



and) thing belongs to exclusive jurisdiction of Czech courts, or if

the proceedings could not be made by any authority of a foreign State, if

provisions on the jurisdiction of Czech courts to be applied to the assessment of the competence of the

the foreign authority, unless the party against whom a foreign judgment

faces, the powers of the foreign authority voluntarily submit,



(b)) on the same legal relationship, leads the Czech courts and proceedings in this proceeding

was initiated before proceedings have been initiated in the foreign country in which the


a decision whose recognition is proposed,



(c)) on the same legal relationship was the Czech Court issued a final

decision, or if it was already recognised in the Czech Republic, the final

the decision of a third State,



(d)) a party against whom the decision is to be recognised, are withdrawn

the procedure of a foreign authority, the ability to properly participate in the proceedings, in particular

If he has not been served with the summons or to initiate proceedings,



e) recognition would seem reluctant to public policy, or



(f)) is not guaranteed to reciprocity; reciprocity is not required, it does not point to

foreign judgment against a citizen of the United States or the United

legal entity.



(2) an obstacle referred to in paragraph 1 (b). d) account shall be taken, only if the

It will be a party to proceedings to which a foreign judgment to be recognised.

This is true even of the barriers referred to in paragraph 1 (b). (b)), and (c)), unless it is

their existence to the decision-making authority for the recognition otherwise known.



section 16 of the



(1) recognition of a foreign decision in property matters is not pronounced

in a special statement. A foreign judgment is recognised by Czech authority

the public can be taken into account to it, as if it were a decision of the Czech authority

of public authority. If it is against public policy or raised

Another reason for the refusal of recognition that there could be no further

taken into account, and is intended to initiate the procedure, the time limit for

that paragraph (2) shall apply mutatis mutandis. After his final termination or

After fruitless expiry of this period shall be interrupted the procedure continues.



(2) the foreign judgment in other matters are recognised on the basis of

the special decision, if this law provides that foreign

decision to recognize without further proceedings. Even in the case that a foreign

decision to recognise, without further proceedings, it can be on a proposal to recognize the Special

by decision. Pronounce the recognition of territorial jurisdiction of the District Court, which is

the ordinary court of the person who proposes the recognition, otherwise the District Court in whose

the circuit has occurred or may occur, the fact for which the recognition of the

meaning, if the law does not provide for something else. The Court shall decide on the recognition of

the judgment; the negotiations may not prescribe.



(3) on the basis of a foreign decision on property matters, which meets the

the conditions for recognition under this Act, may be ordered the performance of this

the decision of the Czech courts decision to be justified.



TITLE IV



SPECIFIC PROVISIONS ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS



§ 17



The provisions of this title shall apply to proceedings for the recognition and enforcement of foreign

the decision, which follows the directly applicable regulations

The European Union, or international treaties that require the Declaration

of enforceability.



section 18



If so requested by the party in accordance with the applicable legislation of the European Union directly or

an international treaty to bring about recognition, it was decided in a special procedure,

the Court judgement for recognition. The negotiations may not prescribe.



§ 19



(1) at the same time with a proposal for a declaration of enforceability may be filed and

a proposal for enforcement under other legislation. In

that case, decided by the Court in a single decision on the two proposals

in separate statements, which must be justified. The decision must be

justified, even when only one of these suggestions.



(2) if the Court Proceeded under paragraph 1 and is directly applicable in the

Regulation of the European Union or an international treaty established a time limit for

an appeal against the decision on the recognition and

the Declaration of enforceability of a foreign judgment that is longer than the period

provided for in other legislation for bringing an appeal against

decision ordering the execution of the decision, this longer period shall apply for

an appeal against a decision ordering the performance

decision.



(3) if the appellate court examines the reasons for which a foreign judgment can be

not to recognise, and these reasons could not directly applicable under the provisions of

European Union legislation or international treaties to examine the Court in the first

instance, and bear witness to these grounds for non-recognition of a foreign decision,

the Court of appeal decision of the Court of first instance is changed so that the proposal

will be rejected.



(4) decision cannot take legal effect in the operative part ordering performance

before the decision in the operative part of the decision, which declares a

enforceable.



PART THREE



GENERAL PROVISIONS OF PRIVATE INTERNATIONAL LAW



section 20



Qualification



(1) the legal reviews of a particular legal relationship or questions to

find the applicable conflict of the provisions for determining the applicable law

as a rule, is carried out according to the Czech law.



(2) if it is for a particular legal relationship, or the question of use of legal

the provisions of more than one legal system, it is possible in the evaluation of

These provisions, in accordance with paragraph 1 shall take into account also the function

that these provisions in the framework of their national legal systems.



(3) If it was determined the law applicable to the base, the ratio

as a rule, in accordance with this law and the evaluation of a specific relationship or questions,

that are associated with the base value.



(4) the facts set out in the conflict of the provisions of this Act for

determining the applicable law (global) shall be assessed according to the Czech

rights.



section 21



Back and next link



(1) if the provisions of this Act states that the use of foreign

law, whose provisions refer back to Czech law, the

substantive provisions of Czech law. Where reference is made to the provisions of

foreign law to the law of another foreign State, the

the substantive provisions of this law, if it is used according to the

its conflict of law provisions. otherwise, substantive provisions are to be applied

Czech law.



(2) to the back or next link is not taken into account in the circumstances of

contract law and labour law. If the applicable law by the parties

selected, its laws can be taken into account only if it

It follows from the agreement of the parties.



section 22



Preliminary ruling



(1) in determining the applicable law to the preliminary question shall apply

provisions of this Act. If, for a preliminary ruling has not been given

the jurisdiction of Czech courts if her decision alone, it

to determine the law applicable to conflicts of provisions in the law for her,

the basic question, if this question is governed by the

foreign law.



(2) If a preliminary ruling was already legally

the competent Czech public authority or by a court or an authority of a foreign

State whose decision meets the conditions for recognition in the Czech Republic,

the Court of such a decision is based on.



Article 23 of the



The discovery and use of foreign law



(1) if the other provisions of this Act requires otherwise,

to be foreign law, which is to be used in accordance with the provisions of this

the law, even without the use of design and the way it is used in the territory

which this law applies. It shall apply to those of its provisions which should

the territory in which that law applies, for the judgment to be applied, without

regardless of their systematic classification or their public

nature, if they are not necessarily in conflict with the applicable provisions of the Czech

rights.



(2) If on something else, not the content of the foreign law,

which is to be used according to the provisions of this Act shall be determined without

the design of the official duties. A court or a public authority, that

Decides the matters governed by this law, shall make its findings

all the necessary measures.



(3) If a court or public authority that decide on matters

governed by this law, the content of the foreign law is not known, you can get to the

his findings also request representation of the Ministry of Justice.



(4) in order to apply the law of the State that has multiple areas of law

or a different adjustment for certain groups of people, decide to

relevant legislation the legislation of that State.



(5) if it fails within a reasonable time a foreign law to determine or

If this is impossible, the Czech law.



section 24



Exceptional support and determining the applicable law



(1) the rule of law, which should be used according to the provisions of this Act,

is it possible not to apply in exceptional cases, if the

the reasoned discretion properly, the summary of all circumstances of the case and, in particular,

There is a reasonable expectation of the participants regarding the use of a different legal order would

It was disproportionate and contrary to the reasonable and fair

the arrangement of the relationship of the parties. Under these conditions, and are not to affect the

the rights of other people, it's the rule of law, the use of which corresponds to this

the arrangement.



(2) If, for a specific ratio or a question falling within the subject

modifications to this law, the applicable law cannot be determined under other

provisions of the law, the right for them, that is with them in the most

relationship, unless the parties have chosen for them, or otherwise identify the use

a specific law.



§ 25



Necessarily applicable provisions of another foreign law



The draft, a participant may use a provision of the law of another

the State, which, under the provisions of this Act does not apply, the


According to the rule of law, which are a part of, they should be used regardless of

on the legal system governing the rights and obligations of.

Condition for use is that the rights and obligations of, have to

such other State sufficiently significant relationship and it is a fair

due to the nature of these provisions, their purpose or for the consequences of that

would result in particular to participants from their use or from their

non-application. The party who relies on such provisions, the

to prove the validity and content of those provisions.



The legal status of foreigners and foreign legal persons in

private-law circumstances



section 26



(1) an alien shall be the natural person who is not a citizen of the United

of the Republic. Foreign legal person means a legal person

located outside the territory of the Czech Republic.



(2) foreigners and foreign legal persons have in the area of their personal

and property rights, unless this Act or other legislation

There is something else, the same rights and the same obligations as

citizens of the Czech Republic and the Czech legal entities.



(3) if the foreign State shall be nationals of the United States

and with the Czech legal entities other than with their citizens and legal

persons, the Ministry of Foreign Affairs in agreement with the competent

authorities of the communication in the official publishing resource to provide that

paragraph 2 shall not apply. This does not apply in the case where it is a stranger and

foreign legal person to whom the rights arising from the European Union

the same rights and the same obligations as citizens of the Czech Republic and

the Czech legal person or infringing fundamental human

the rights of foreigners.



section 27 of the



Situation of foreigners and foreign legal persons when doing business in the United

Republic, in the area of labour law, in the field of copyright and

industrial govern other legislation.



section 28



Multiple or uncertain nationality



(1) if someone is at the material time a citizen of the United States and

If it considers him a citizen of another State, the State is decisive

citizenship of the Czech Republic.



(2) if someone at the time also a citizen of several foreign States,

decide the nationality acquired by last time, if, due to the

circumstances of the person does not outweigh significantly its ratio to another foreign State,

of which he is a citizen; in such a case shall be decided by the nationality of the

State.



(3) on the person who, at the material time is not a citizen of any State, or whose

nationality cannot be determined in accordance with paragraph 2 shall be considered as having been

a citizen of the State in which he has habitual residence at the material time, and

If you cannot find it, on whose territory at the time.

If you cannot even find out, proceed for the purposes of this act as if the

It was a State citizen of the Czech Republic.



(4) if someone is applying for international protection, teach or

enjoys subsidiary protection or is homeless, according to another legal

legislation or international treaties is governed by the personal status under the

the provisions of the international treaties governing the legal status of refugees

and the legal status of stateless persons.



PART FOUR



THE PROVISIONS FOR INDIVIDUAL TYPES OF PRIVATE-LAW RELATIONSHIPS



TITLE I OF THE



ELIGIBILITY TO HAVE THE RIGHTS AND OBLIGATIONS AND LEGAL ACTS



section 29



Natural persons



(1) the legal personality and legal capacity shall be governed, unless otherwise specified in this

the Act of something else, the laws of the State in which the person is habitually resident.



(2) unless otherwise provided by this law is something else, it is sufficient if the individual

making legal proceedings it is eligible under the law of the applicable

in the place in which the natural person legal negotiations.



(3) Adjust the names of natural persons shall be governed by the laws of the State of which he is

citizen. However, such a person may invoke the application of the rule of law State

the territory has a usual residence.



section 30



Legal persons



(1) the legal personality of legal person and the eligibility of non-physical

a person shall be governed by the laws of the State, under which it was established. This legal

the regulations also govern the business name or name and internal ratios such

people, relationships between such person and its associates or members, and

proportions of shareholders or members, the liability of the members or the members for

the obligations of such a person and who the person as its authority is acting, as well as its

the demise of the.



(2) for the granting of such a person of normal negotiations just when they

eligible under the rule of law in force in the place in which such

the negotiations done.



(3) a legal person with a registered office in the Czech Republic may be established only

According to Czech law. This does not affect the option to relocate to

The United States the seat of a legal person established under the law of

of a foreign State, which has its registered office abroad, where

the international treaty, directly applicable provision of the European Union or other

legal prescription.



Směnečná and cheque eligibility



section 31



(1) the eligibility of a person to bind with směnečně or šekově shall be governed by

of the State of which he is a citizen. If this law declares as a decisive

the law of another State, it shall apply the law of that other State.



(2) who is not eligible to směnečně or šekově to bind by legal

procedure referred to in paragraph 1, it is still validly be obliged to sign the

on the Bill of Exchange or cheque in the State under whose law would be eligible to

směnečně or šekově to bind. This does not apply in the case of public citizen

The United States or a person who has habitually resided in the Czech Republic.



§ 32



Who can be described as the drawee, is governed by the laws of the State in which the

check payable. Where, under this law check invalid due to

the person of šekovníkově, are still valid obligations of the signatures that were on the

a check written in the State whose legal system does not provide for the nullity of such a

reason.



Limitation of incapacitation and guardianship



§ 33



(1) in matters relating to limitation of incapacitation, as well as in matters of guardianship is

jurisdiction of Czech courts, in the case of persons with a usual residence in the Czech

Republic, or in the case of nationals of the Czech Republic, even if they have

normal place of residence in a foreign country. A Czech court proceedings, not just to

protection of the rights and interests of the State of the citizen of the United States measures taken in

a foreign country.



(2) if the jurisdiction of Czech courts referred to in paragraph 1, shall be limited

a Czech court on measures necessary for the protection of the person and its assets and shall inform the

about the authority of the State in which the person habitually resident. If the competent

authority of the foreign State relationships has not within a reasonable time, it will do so

a Czech court.



(3) to the awareness of the authorities of the foreign State under paragraph 2, a Czech court

go for it, in the case of an applicant for international protection, refugees

and beneficiaries of subsidiary protection under another law. In

such a case, adjust the relationships a Czech court.



§ 34



The conditions of the births and deaths of custody and the conditions for the reduction and waiver

incapacitation is governed by the laws of the State in which the guardianship

normal place of residence. Guardian care refers to the principle of the ward and his

property, let this thing anywhere, if the State in which the property

is a accords this custodial effectiveness.



§ 35



The obligation to accept and hold custody is governed by the laws of the

State in which the guardian has a usual residence.



section 36



Legal relations between the guardian and the ward is governed by the laws of the

the State in which the seat of the guardianship court or authority.



§ 37



If the provisions of sections 34 to 36 requires otherwise, the Czech court

measures according to the substantive law.



§ 38



Final foreign judgment in matters of restriction and deprivation of incapacitation and

in matters of custody of foreigners, which was released by courts or authorities

State of which the foreigner is a citizen (hereinafter referred to as the "home State"), or of a State

in which the foreigner habitually resident, be recognised without further proceedings.



Declaration of death or missing



§ 39



(1) Declare a State citizen of the Czech Republic for the dead or for

It is the responsibility exclusively to the Czech court missing.



(2) the alien can Czech Court declared dead or missing with

the legal consequences for the citizens of the Czech Republic and also for persons with

usual residence in the Czech Republic and for the property, which is in the United

Republic.



(3) in matters relating to a declaration for the dead or missing it's the Czech

the Court always Czech substantive law.



section 40



Final declaration the foreign decisions in matters of foreigners dead or

for the missing, which was released by the courts or authorities of the home Member State

foreigners or the State in which the alien had the last habitual residence,

recognise without further proceedings.



TITLE II



LEGAL ACT



§ 41



The existence and validity of the legal acts, as well as the consequences of his

invalidity shall be governed by the same legal system as the legal ratio it is based,

If it is not provided for by law or from the nature of the case requires otherwise.

When you specify this rule of law is followed, as if the legal act

was valid.



§ 42



(1) the Treaty and other legal action is valid in form if the form


complies with the legal order of the State,



and) governing contract or other legal act and the legal ratio of them

based,



(b)) in which it was some act of will, acting



(c)) in which it has any acting on their habitual residence or registered office, or



(d)) in which the immovable thing that legal Act refers to.



(2) establishes a legal order which governs or has to control the legal relationship

legal act or rule of law-based State in which the immovable

thing that legal Act refers to, the maintenance of certain forms as

the necessary condition of validity, it is necessary to maintain this form.



§ 43



A form of promissory notes and cheques and statement of protest



(1) the form and the form of cheques, promissory notes declaration statement is governed by the

the laws of the State in which the Declaration was made. For the form of cheques

just keep the Declaration form, which provides for the right of the payment place.



(2) the defective nature of the forms of the first statement or the first cheques and promissory notes

the Declaration does not affect the validity of the subsequent exchange of declarations or

subsequent cheques when Bill statement and cheque

the Declaration, which is invalid in accordance with paragraph 1, coincides with the legal

the order of the State in which it was made a later Bill statement or

later the cheque statement.



(3) the draw of the Declaration and the Declaration of the State of the Czech citizen of a cheque

Republic abroad is valid in the Czech Republic against other nationals

The United States, if the requirements of the law regarding the

Forms.



(4) the form of protest and the protest period, as well as the form of the other meetings,

needed to enforce and maintain bills of rights and cheque

rights, shall be governed by the laws of the State in which it is necessary to make a protest or

other negotiations.



TITLE III



The REPRESENTATION of the



§ 44



(1) for the representation of law or representation on the basis of a decision

Court or other authority and their effects is to apply the rule of law,

which includes provisions governing the representation on the basis of the law,

or the law of the State of which the Court or authority has made a decision about

that the representation is based. For ordinary meetings for the effects of these

representation will suffice, if it corresponds to the rule of law in force in the place in the

which such action has been taken.



(2) the legal action taken by an agent to have effects for the under-represented,

If it corresponds to the rule of law in force in the place in which the



and agent negotiations has made)



(b)) the principal has its registered office or usual residence,



(c)) agent has its registered office or usual residence, or



(d)) is the immovable thing, if the legal Act refers to this immovable property.



(3) the legal action taken by an agent for the represented to have effects also

If it matches a rule of law that governs or is governed

the legal relationship based legal act of an agent.



(4) for the preservation of forms of power of Attorney, if the form of a

of the jurisdictions referred to in paragraph 2 or 3, or the rule of law

valid in the place where the power of Attorney was issued.



(5) the legal relationship between an agent and a third party, arising out of the

exceeding the mandate, and the legal relationship between a person acting for another without

mandate, and a third person is governed by the laws in force in the place where the

has an agent, or a person acting on behalf of another without authorization is established or

normal place of residence. However, a third party may invoke the application of the rule of law

in force in the place in which the acts of the agent or persons acting for

another without the mandate there.



§ 45



Attorney and the credentials of the activities in the operation of the business establishment



The effects of the negotiations on the basis of procuration for the represented shall be governed by

the order of the State in which it has its registered office or usual residence the person procuration

granted; the effects of the conduct on the basis of the mandate of the operation

the business establishment for the represented shall be governed by the laws of the State in which the

has represented commercial plant, a branch or place of business, in the

the operation occurs to the activity of authorised persons. However, if there are

These effects, according to the legal order in force in the place where the holder of procuration

or a person authorized to legally act with a third party, and where the legal

real estate negotiations, also according to the law in force in the place in the

which is the real thing.



TITLE IV



LIMITATION PERIODS



§ 46



The limitation period is governed by the same legal regulations as a right which is the subject of

the limitation period.



TITLE V OF THE



FAMILY LAW



Part 1



The ratios between the spouses



§ 47



The power to



(1) unless otherwise provided in an international treaty or a directly applicable regulation

The European Union is something else, just to establish the jurisdiction of Czech courts to

proceedings for divorce, nullity of marriage and determine whether the

marriage or not, if one of the spouses is a national of the

The United States, or if the defendant has the usual in the Czech Republic

the stay.



(2) if the spouses Are foreigners and the defendant does not habitually resident in the United

Republic or in a Member State of the European Union and not a citizen of the

the Member State of the European Union and does not have a domicile in the United Kingdom

Of Great Britain and Northern Ireland or Ireland, the powers of the Czech

the courts in the cases referred to in paragraph 1 is given, if



and both spouses have) the Czech Republic and the applicant's normal place of residence has not yet

normal place of residence in the Czech Republic,



(b)), the applicant is habitually resident in the Czech Republic and the second husband

joined to a design or



(c)), the applicant is habitually resident in the Czech Republic and the usual residence

for at least one year immediately prior to the filing.



(3) for the management of the maintenance obligation between spouses and among former

spouses are determined in accordance with the jurisdiction of Czech courts directly applicable

Regulation of the European Union2).



Applicable law



§ 48



(1) the capacity of persons to marry, as well as the conditions for its

validity shall be governed by the laws of the State of which that person is a citizen.



(2) the form of the marriage is governed by the laws in force in the place in the

where the marriage is concluded.



(3) the conclusion of the marriage at the Embassy of the Czech Republic

abroad are governed by Czech law.



(4) a citizen of the United States Government cannot enter into a marriage on

the Embassy of a foreign country in the Czech Republic.



§ 49



(1) the personal circumstances of the spouses shall be governed by the laws of the State of which they are both

citizens. If they are citizens of different States, these conditions shall be governed by laws of the

the State in which both spouses are habitually resident, or else the Czech legal

of procedure.



(2) maintenance obligations between spouses are governed by the laws of the designated

According to international agreements, the use of which provides for the right to use

Regulation of the European Union ^ 2).



(3) the matrimonial property regime, the spouses shall be governed by the laws of the State in which the

both spouses are habitually resident; otherwise, the laws of the State of which they are

both spouses are citizens; otherwise, the Czech law.



(4) the agreed modification of the matrimonial property law is governed by the legal

regulations, which was at the time the arrangements applicable to the matrimonial property regime

the spouses. Also for the agreed modification of the matrimonial property law

the spouses may agree that their financial situation will be governed

either by the laws of the State of which one of the spouses is a citizen of, or in which

one of the spouses is habitually resident, or the laws of the State in which the

immovable thing when it comes to this immovable thing or the Czech legal

of procedure. The agreement must be drawn up in notarial deed or equivalent instrument,

If the agreement is concluded in a foreign country.



§ 50



(1) a divorce is governed by the laws of the State, which is governed by the

the personal circumstances spouses at the time of initiation of the proceeding.



(2) if it should be referred to in paragraph 1 apply foreign legal

the order, which does not allow divorce or permits for only

the circumstances extremely difficult, the Czech legal order,

If at least one of the spouses is a citizen of the United States

or at least one of the spouses is habitually resident in the Czech Republic.



(3) when the annulment or in determining whether the

marriage or not, with the capacity to enter into marriage and the form of its

the conclusion to be judged according to the laws of applicable to them at the time of the conclusion of the

marriage.



(4) maintenance obligations between former spouses shall be governed by the laws of the

designated pursuant to international agreements, the use of which provides for the directly

applicable regulation the European Union ^ 2).



The recognition of foreign decisions



§ 51



(1) the Final foreign judgment in matters of divorce, legal

separation, annulment and determine whether the

marriage or not, if at least one of the participants in the proceedings, the State

a citizen of the Czech Republic in the Czech Republic recognised, unless

the provisions of § 15 para. 1 (b). a) to (e)), only on the basis of the Special

decision.



(2) Say that it recognises the judgment in the case referred to in paragraph 1,

It is for the Supreme Court. The proposal may be filed next to the parties

any person who proves a legal interest. The Supreme Public Prosecutor's Office may


enter into the proceedings. The Supreme Court decides the judgment,

the negotiations may not prescribe.



(3) the decision referred to in paragraph 1 may be accepted only if it has been

facts found in a way conforming basically to the competent

the provisions of the Czech legal order.



§ 52



If all were parties at the time the citizens of the State of which it

the decision goes, have a final foreign decision on the matters referred to in §

51 in the Czech Republic without further control of the same legal effects as the

final decisions of Czech courts. This also applies to final

decisions in these matters, issued by the authorities of other foreign States,

recognize if such decisions in the home States of all participants

who are foreigners.



Part 2



Relationships between parents and children and certain other conditions



§ 53



Jurisdiction in matters of destination and the denial of parentage



An action for the determination and denial can be filed with the general parenting Court

the defendant in the Czech Republic; If the defendant does not have a General Court

the General Court of the plaintiff. The jurisdiction of Czech courts is given even if he does not

Neither the Prosecutor's Office in the Czech Republic the General Court, but one of the parents or the child

is a citizen of the United States.



§ 54



Applicable law in matters of destination and the denial of parentage



(1) determination and denial of parentage shall be governed by the laws of the State of which the

the jurisdiction has a child birth. If the child, the birth of a more

than one nationality, according to the Czech law.

If it is in the interest of the child, the law of the State in which the

the child's mother was habitually resident at the time of its conception.



(2) if the child is habitually resident in the Czech Republic and if it is in its interest,

It shall apply for the determination and denial of parentage of the Czech legal order.



(3) the validity of establishing parentage is sufficient, if it becomes legal

order of the State, in which there has been a declaration of recognition of parenthood. If, in the

a foreign State in judicial proceedings, or out of court, in accordance with its

and violations of the laws of parenting and to determine the parentage of any other person,

It is sufficient that the validity of establishing parentage of this person.



section 55



The recognition of foreign decisions in matters of determination and denial of parentage



(1) for the recognition of foreign decisions in matters of final destination and

denial of parenting, if at least one of the parties

a State citizen of the United States, the provisions of § 51 shall apply mutatis mutandis.



(2) if all the parties at the time the citizens of the

State of which the final decision goes, or if such recognised

decisions of authorities of foreign States in the home States of all

the parties, who are aliens, the provisions for the recognition of

final foreign decision in matters of determination and denial of parentage

the provisions of § 52.



§ 56



Jurisdiction in matters of nutrition, education and care for minors



(1) if the jurisdiction in matters relating to maintenance obligations and matters

parental responsibility is not regulated directly applicable provisions

The European Union, it is in matters of nutrition, education and other matters, taking care of

the minor, including measures for the protection of their persons and property, given by

the jurisdiction of Czech courts, if the minor is habitually resident in the United

Republic, or if it is a citizen of the United States, even if it has

normal place of residence in a foreign country. A Czech court proceedings, not just a

protection of the rights and interests of the State of the citizen of the United States measures taken in

a foreign country.



(2) the Czech Embassy can take care of a minor State

a citizen of the United States, which has a usual residence abroad and to which

No one does not exercise parental rights and obligations, to the extent

jurisdiction of the Court, if such authority considers a State in which it has a minor

normal place of residence. About receipt of care shall inform the Embassy immediately

The Office for the international protection of children.



(3) the Jurisdiction of Czech courts is given also to maintenance proceedings, in which the

It is proposed against the creditor with the usual residence abroad cancellation or

to change the decision of the Czech courts.



(4) the Czech courts to the proposal of compulsory with the usual residency in

The Czech Republic decide to modify or revoke the maintenance obligation

imposed by decision of the authority of a foreign country, if the creditor does not have

habitual residence in the State, the authority issuing the decision.



(5) where proceedings for divorce of the parents of a minor

an alien who is not habitually resident in the Czech Republic, but staying in the

It is for the Czech courts, modify the rights and obligations of parents to

a minor for a time after the divorce, if the minor will linger on

the territory of the Czech Republic and the appropriate authorities of the foreign State does not do

other measures.



§ 57



Applicable law in matters of nutrition, education and care for minors and for the

some other ratios



(1) the relationships between parents and children in matters of nutrition is governed by the laws of the

designated pursuant to international agreements, the use of which provides for the directly

applicable regulation the European Union ^ 2). As well, it specifies the applicable law in

matters of the right to food of authorized persons from other relationships.



(2) in other cases of parental rights and obligations and measures to

the protection of the person or property of the child applicable law is determined according to the

the international treaty ^ 3).



§ 58



The recognition of foreign decisions in matters of minors



Final foreign judgment in matters of education, nutrition and care for minors

and in other matters that concern them, that were released in the State of which a citizen of the

the child is a foreign nationality or has such a child usually

stay and all participants are strangers, be recognised without further proceedings.

If their property transactions, stores may be such a decision

recognised and enforced, if it does not prevent the obstacles set out in § 15

paragraph. 1 (b). b) to (e)).



Part 3



The rights of unmarried mothers



§ 59



(1) the claims of the mother of the child to his father, for which it is not married, is governed by the

laws of the State in which the mother at the time of the birth of the child's usual

the stay. The mother may invoke the application of law of the State of which he is

citizen at the time of the birth of the child. Claims of unmarried pregnant women are governed by the

laws of the State in which he has at the time of the design of usual residence,

unless the vehicle is using the law of the State of which he is at the time of

the design of citizen.



(2) if the child's mother, who is a stranger, it has at the time of the birth of the child

normal place of residence in the Czech Republic and the father of the child is a citizen of the United

of the Republic, the rights of the child's mother shall be governed by Czech law.



Part 4



Adoption



section 60



The power to



(1) the jurisdiction in matters of adoption, it is for the Czech courts, if the

the adoptive parent to a citizen of the United States. If the adoptive parents are married,

It is sufficient if a citizen of the United States one of them.



(2) if the adoptive parent or neither of the spouses is a citizen of the United

the Republic's jurisdiction of Czech courts given by,



and here) if the adoptive parent or at least one of the spouses stay osvojujících

and if the Court's decision be recognized in the home state of the adoptive parent or

in the home States of both spouses, or osvojujících



(b)) to the adoptive parent or at least one of the spouses in the United osvojujících

Republic of usual residence.



(3) if it is a minor, whose adoption goes, a citizen of the United

Republic and has the normal place of residence in the Czech Republic, the

to decide on the adoption of exclusively Czech courts.



Applicable law



§ 61



(1) the acquisition is to be satisfied the conditions laid down by the laws of the State

the osvojenec is a citizen, and the State of which the adoptive parent is a citizen.



(2) if the spouses are of different nationalities involved in the adoption, must be

conditions of the legal systems of both spouses, as determined by their

nationality and the law of the State whose citizen is osvojenec.



(3) if it should be in accordance with the provisions of paragraphs 1 and 2 apply

foreign legal system that does not allow adoption or is permitted by

only in the circumstances extremely difficult, the Czech legal order,

If the adoptive parent or at least one of the spouses or osvojujících

osvojenec have usual residence in the Czech Republic.



§ 62



(1) the effects of the adoption shall be governed by the laws of the State of which they are citizens

all participants at the time of adoption, otherwise, the laws of the State in which the

at the time of the adoption of all participants in the usual residence, otherwise the legal

the order of the State of which a citizen is a osvojenec.



(2) the relationships between the adopted child and the adoptive parent or the adoptive parents in the

matters of parental rights and responsibilities, education and nutrition shall apply

the law designated by the provisions of § 57 accordingly.



The recognition of foreign decisions



§ 63



(1) if at the time of adoption the adoptive parent, was one of the adoptive parents or

osvojenec a citizen of the United States, a foreign judgment

adoption in the Czech Republic, if she's not seizing public policy

and does not preclude the exclusive jurisdiction of Czech courts and adoption would be

permissible even under the substantive provisions of Czech law. For the management of

recognition of the provisions of § 16 para. 2.



(2) where all the parties at the time the aliens recognize


a foreign adoption order in the Czech Republic without further proceedings,

If she's not seizing public order and recognize if such

the decision in the home States of all participants.



(3) the provisions of paragraphs 1 and 2 shall apply for the adoption in a foreign country, that

held otherwise than by a decision, as appropriate.



Part 5



Guardianship and custody of minors



§ 64



The power to



(1) for the jurisdiction of Czech courts in matters of guardianship and custody

over the minor, the provisions of § 56 paragraph 1. 1 apply mutatis mutandis.



(2) if the jurisdiction of Czech courts in these matters referred to in paragraph

1, follows a Czech court under the provisions of § 33 para. 2 and 3 apply mutatis mutandis.



§ 65



Applicable law



(1) for the guardianship and custody over minors shall apply the rule

order of the State, the Court or authority about him. However, if the protection

of the person or property of a minor requires, exceptionally, be used or

take into consideration the law of another State with which the situation has

a significant relationship.



(2) if the habitual residence of the minor and the minor will have the usual

stay in another State, since this change, the legal order of this

other State conditions for the guardianship and custody of the State,

in which the minor had formerly habitually resided.



(3) to the back or to the next link in the application of paragraphs 1 and 2

not taken into account.



(4) the provisions of § 35 and 36 shall apply mutatis mutandis.



§ 66



The recognition of foreign decisions



For the recognition of foreign decisions of competent in matters of guardianship and

guardianship over a minor provision of section 38 shall apply by analogy.



TITLE VI OF THE



REGISTERED PARTNERSHIP AND SIMILAR RATIOS



§ 67



(1) the Czech courts to decide on the revocation, invalidity and

the absence of a registered partnership or similar relationship, if

registered partnership in the Czech Republic have been closed or at least

one of the partners is a citizen of the United States and has a usual residence

in the Czech Republic.



(2) a registered partnership and similar ratios and their effects,

eligibility for their closure, closure and the cancellation of the method,

invalidity and absence of is governed by the laws of the State in which the

registered partnership, or a similar ratio of closing or closed.

The same law shall also be used for the adjustment of the personal and financial circumstances

partners.



(3) a foreign judgment of cancellation, nullity and the absence of a registered

partnership or similar relationship, issued in the Member State in which the

registered partnership, or a similar ratio of closed, or that is in the

It shall recognize, be recognised without further proceedings.



TITLE VII



RIGHTS IN REM



§ 68



The power for the rights to immovable things



To decide on the rights to immovable things that are on the territory of the United

the Republic of Czech courts vested exclusively or other competent Czech

to the public authorities.



Applicable law



§ 69



(1) rights to immovable things also for tangible movable assets shall be governed by,

If in this Act or in other legislation is not established

something else, the laws of the place where the thing is. According to this legal

the order also determines whether a thing is immovable or movable.



(2) the rights to vessels and aircraft shall be entered in the public

the register, their formation and extinction is governed by the laws of the State in whose

the scope of the register is kept.



section 70



(1) the commencement and termination of rights in rem to tangible movable assets shall be governed by

regulations of the place where the thing was at the time of the occurrence of the fact that bases

the creation or extinction of that right.



(2) the commencement and termination of ownership of tangible movable assets, which are

transferred on the basis of the Treaty, shall be governed by the laws of the Governing

a contract that is the basis for the creation or termination of ownership rights.



(3) if the legal act which is to be the basis for the commencement and termination of

real rights in tangible movable assets, was made after the commencement of carriage

such things for the duration of the carriage, this is governed by the commencement and termination of

the laws of the place where the item was dispatched. If, however, the emergence and

the demise of real rights to these things is effected by management of a valuable

the paper, which is to be presented in order to release things and waste

to her, the law of the place in which the securities at the time of

dealing with him.



§ 71



The provisions on the public books and similar lists in force in

the place where the immovable thing movable, or thing shall apply even if

the legal reason, extinction, restrictions or a transfer of an Enrollee rights

considered under another law.



§ 72



Prescription is governed by the laws in force in the place where the case was in the early

running of the limitation period. Vydržitel, however, may invoke the law of the State

on whose territory the prescription has accomplished, if from the time when the thing

She got into this State, under the law of this State are met

all the conditions of prescription.



section 73



The Trust Fund or similar facility



(1) the Trust Fund or similar facility (hereinafter referred to as "the Fund") shall be governed by

the law designated the founder, if designed right, the Fund governs or

the provisions of this law to apply.



(2) if it is not addressed to the right referred to in paragraph 1, or if you cannot use them, be governed by the

the Fund Law of the State with which it is most closely connected. When you specify this right

account must be taken, in particular, to the



and the place from which) the Fund is managed,



(b)) the point at which it is principally located generating assets,



(c) the place of the registered office) or usual residence of the trustee,



(d) the purposes pursued by the pool) and places where these purposes should be

achieved.



(3) if it is possible a particular element of the Fund separated from the other, may be

applicable law determined for him separately.



(4) the Fund established abroad is recognized in the area of Czech law,

If the base characters required for the Czech law.



TITLE VIII



INHERITANCE LAW



The power to



§ 74



(1) the jurisdiction of Czech courts to discuss the inheritance is given, if

at the time of his death, the deceased was habitually resident in the Czech Republic.



(2) If an immovable thing that is on the territory of the United States, it is

the jurisdiction of Czech courts to discuss heritage given exclusively.



(3) if the deceased had not at the time of his death, habitually resident in the United

Republic, a Czech court will discuss heritage, which is in the Czech Republic,

If the State whose authority is competent to hear such

heritage, or make the legacy of deceased with the usual residents of the United

Republic to discuss the Czech courts, nor does not give their decision

legal effects, or if the foreign State refuses to deal with the legacy of, or

has made no comment. Czech courts to always decide on the legacy that the

the Czech Republic has left a State citizen of the Czech Republic, which had

habitually resident abroad, if requested by even just one of the heirs,

who has usual residence in the Czech Republic.



(4) in cases other than those referred to in paragraphs 1 to 3, the Czech court is limited to

the necessary measures to ensure the assets after the deceased.



(5) in the cases referred to in paragraph 4, the Court shall issue participants at their request

confirmation of the fact that the discussion of heritage does not belong within the competence of the Czech

the courts; before its release, if it is justified, it will carry out a preliminary investigation.

In order to be issued with the assets abroad, it shall inform the local heir and

creditor notification that the line for 15 days on the court notice board;

known participants to deliver this notification.



(6) the provisions of paragraphs 4 and 5 shall not apply where the property is to be of negligible

the value of issued vypraviteli a funeral or a particular person in conformity with the applicable

the law.



§ 75



In the case of property that is in a foreign country, shall be discussed by a Czech court heritage only

If the foreign State shall issue such things to discuss Czech

the courts, or the effects of the decision confers legal Czech courts in these

matters.



Applicable law



§ 76



Legal relations of inheritance are governed by the laws of the State in which he

normal place of residence of the deceased at the time of death. If the deceased was a national

a citizen of the United States and at least one of the heirs has in the Czech Republic

usual residence, the Czech legal order.



§ 77



(1) the capacity to make or revoke a will, as well as the effects of the defect of the will and

her speech is governed by the laws of the State of which he is a citizen

the testator at the time of expression of will or in which it has at that time a common

the stay. As specified by the rule of law is decisive for the capacity to make and

Cancel other kinds of acquisitions on death and also to determine which additional

types of acquisition are permissible in case of death.



(2) a will is valid in form if the form complies with the rule of law

State,



and the testator was a citizen) at the time of expression of will or at the time of their

death,



(b)) on the territory of which the will was made,



(c)) in which the deceased was at the time of expression of will or at the time of his death

usual residence,



(d)) which should be used for legal relations of inheritance, or would it for them

should be used at the time of acquisition of the will, or



(e)) in which the immovable thing when it comes to this immovable thing.

This also applies to the form of revocation of a will.



(3) the provisions of paragraph 2 shall also apply to the form of the contract of inheritance and


other acquisition on death by analogy with the fact that the deceased is

means any of the parties to the contract of inheritance. This also applies to the form of a cancellation

the contract of inheritance and other acquisitions on death.



(4) the testator in the will may provide that instead of the otherwise applicable

law of succession legal relations will be governed by the State in which the

the testator at the time of bequests habitually resident, and even for the real estate property

heritage, or may provide that the legal relations of the inheritance, even for

immovable heritage, will be governed by the laws of the State of which he is a citizen

at the time of bequests.



(5) Contracting Parties to the contract of inheritance can choose for legal relations

any of the inheritance legal systems referred to in paragraph 4 that

the deceased means some of the parties to the contract of inheritance. This also applies to

other acquisitions on death adequately.



§ 78



Zůstavitelovy things and rights which is located on the territory of the United States will grant

The Czech Republic, where there is no heir; the decision about how it is for the

within the jurisdiction of Czech courts. Heir is not considered a State or other

territorial Department or for these cases an existing institution, unless they have been

designated heir in his will.



The recognition of foreign decisions



§ 79



Final foreign judgment in matters of inheritance, which was released in

State in which the deceased was at the time of his death, habitually resident or whose

He was a citizen, and it is the State that issues the legacy of deceased with

usual residence in the Czech Republic to discuss the Czech courts or

confers legal effects of their decisions in these matters, are recognized

without further proceedings, if it does not preclude the jurisdiction of Czech courts. Cannot be

to recognise the foreign judgment, which would be contrary to the provisions of § 78.



TITLE IX OF THE



INTELLECTUAL PROPERTY RIGHTS



§ 80



Intellectual property rights are governed by the laws of the State that this

law admits and provides them with protection.



TITLE X



SECURITIES, INVESTMENT TOOLS AND OTHER INSTRUMENTS



§ 81



Jurisdiction in matters amortisation of deeds



Czech court to be declared cancelled a document issued in a foreign country only

then, if he can have their reimbursement according to the nature of the case the legal consequences in the

The Czech Republic.



Applicable law in matters of securities and investment instruments



§ 82



Whether the securities validly issued, whether they are associated with it right in such a

in a way, that is after the release of the securities cannot be for a period of validity of the

without a security exercise, and what rights and what are the legal effects are to

It joined, shall be governed according to the nature of the securities



and the law) shall be governed by the legal capacity and internal affairs of the legal

of the person who issued the securities,



(b)), the law governing the legal relationship, the issue of the adjustment of the security

the paper is based,



(c) the law in force in the place), in which the security was issued,



(d)) law of the State in which it has its registered office or usual residence the person that valuable

paper issues, does not correspond to the nature of the security the use of another right,

or



(e)) law, which is intended in the quote, if the nature of the security

the paper admits.



section 83



(1) where the law requires otherwise, the right to security is

governed by the laws in force in the place in which it is a security, and the transfer of

the right to security is governed by the laws in force in the place in which it is

the security at the time of handling.



(2) a lien on securities shall be governed by the law applicable at the place of

habitual residence or seat of the mortgage lender at the material time,

If the parties have not chosen the law of another; back and next link are excluded.

If it is a security, which must be produced in order to release things and

dealing with her, the law applicable in the place in which it is valuable

the paper at the time.



(3) Notwithstanding paragraphs 1 and 2 of the management of book-entry or

immobilised securities or other securities registered in the

the registration of, or dealing with a right registered in a register which behaves

as book-entry securities is governed by the law of the State in which it is conducted

the register, in which shall be carried out; back and next link are

excluded. The choice of law is admissible only if it is a law of the State in which the

a person has to register the time Manager option rights head office or branch, and

record keeping is among the usual activities of that person.



(4) if the intended investment tools, including the rights attaching thereto,

ensure the rights



and the participant's or operator) of the payment system with the finality of

clearing, foreign payment system with the finality of

the clearing settlement system with the finality of settlement or

the foreign securities settlement system with the finality of settlement,

If these rights arose from its participation in a system or operation

the system, or



(b)) of the Central Bank of a Member State of the European Union or of States

that make up the European economic area or the European Central Bank,

governed by the rights of these persons, or persons acting on their behalf from the

ensure the laws of the State in which the registered investment

instruments, which performs the registration establishing the legal effect of these

the negotiations.



(5) where, as the subject matter of financial collateral provided to investment

securities, securities or collective investment instruments

the money market, to which the ownership or other rights in rem is illustrated by

registration in the register, or if they are the subject of financial collateral

granted the rights arising from the registration of the investment securities,

collective investment securities or money market instruments to

evidence, that allow the creditor with such securities or

tool to dispose, directly or indirectly, at least, in a similar way as

the legitimate holder, is governed by the laws of the State in which it is guided by this

evidence,



and the legal nature of the subject) financial collateral and věcněprávní effects

This financial security,



(b)) the conditions required for the formation of the financial collateral, for the provision of

such subject matter of financial collateral, as well as other conditions for

to financial security came into effects towards third parties,



(c)) the order of property or other rights with respect to the subject matter of financial collateral

arising out of the registration and the terms of the acquisition from the person

that is not the owner,



d) conditions and method to the satisfaction of the subject matter of financial collateral,

If the operative event ^ 4).



(6) the Czech law is governed by the takeover offer owners

the securities issued by joint-stock companies based in

The Czech Republic, whose securities are admitted to

trading on a regulated market in the Czech Republic, and legal issues

associated with the take-over bid with an international element.



(7) the choice of another right in the cases referred to in paragraph 4 and the choice

another right and back, and another link in the cases referred to in paragraph 5

are excluded.



(8) the applicable law for the existence and the transition of the lien to shares and

securities issued by any of the legal entities participating in the

cross-border conversion is determined by other legislation.



TITLE XI



UNDERTAKING THE RIGHTS



Part 1



Basic provisions



§ 84



The provisions of this title shall apply in the wake of the directly applicable

European Union regulations and international treaties ^ 5). Edit in this title shall

limited to questions that do not fall within the scope of these

legislation and treaties, unless these provisions and of the Treaty allow the adjustment in the

This Act.



Part 2



Procedural provisions



§ 85



The power to



The jurisdiction of Czech courts in matters of contractual and other proprietary rights

may be established by agreement of the parties, also in written form. G/l

the jurisdiction of Czech courts, however, such arrangements cannot be changed.



§ 86



The negotiation of the jurisdiction of the foreign court



(1) the agreement of the parties in writing may be in matters of contractual rights

and other proprietary rights notices negotiated and the jurisdiction of the foreign

the Court. In matters relating to insurance and consumer contracts is such an arrangement

permissible only after the dispute has arisen or if it allows only

the policyholder, the insured, other authorized person, the injured party or

the consumer to bring proceedings in the courts of another State.



(2) if the jurisdiction of the foreign court was agreed by

paragraph 1, the jurisdiction of Czech courts excluded; a Czech court, however,

hears, if



and) the participants consistently declares that the arrangements do not last,



(b)) decision issued abroad could not be recognised in the Czech Republic,



(c) the foreign court) refused to work, or



(d) the arrangement on jurisdiction) of a foreign court is contrary to the public

policy.



Part 3



Of the Treaty



§ 87



(1) the contract shall be governed by the law of the State with which the contract is most closely connected,

If the parties have not chosen the applicable law. Choice of law must be

expressed or it must be demonstrated without doubt from the provisions

the Treaty, or of the circumstances of the case.



(2) if the legal relationship based consumer contract is closely related to

the territory of a Member State of the European Union, cannot be consumer


deprived of the protection granted to him under Czech law, if the proceedings

takes place in the Czech Republic, even if the contract has been selected or otherwise

to use the right other than a Member State of the European Union.



(3) the insurance contract shall be governed by the law of the State where the policy-holder has

normal place of residence. The Contracting Parties may choose the law applicable to the insurance

contract; in the case of the insurance contract, in which it applies directly

to use the European Union regulation, the Contracting Parties may, in so far

which this rule permits, choose any of the applicable law.



(4) in the case of a contract in which they agreed to use one for consideration

or more accommodation for more than one period of time, if the

the contract negotiated for a period longer than one year (hereinafter referred to as "temporary use

the accommodation facility "), the advantage associated with accommodation, if the contract is

concluded for a period longer than one year (hereinafter referred to as the "fixed vacation

the product '), to assist in the conversion of the temporary use of property úplatném

device or a fixed holiday product or participation in Exchange

a system that allows consumers to transfer the right to use each other

the accommodation or other services associated with the temporary use of the

accommodation under other legislation, if applicable

the right to a law other than the Member State of the European Union, must not be

the consumer of the protection afforded by the law, if the proceedings are being conducted in the United

Republic, and if



and any of the concerned real estate) is on the territory of a Member State

The European Union, or



b) entrepreneur in connection with the real estate in question carries on its

activity in the territory of a Member State of the European Union or the performance of its activities

on the territory of a Member State of the European Union however is going.



Part 4



Labour law



§ 88



The power to



(1) the jurisdiction of Czech courts in matters of work may also be based

agreement of the parties in writing. Jurisdiction of Czech courts cannot be

However, such arrangements change.



(2) if it would otherwise have been given jurisdiction of Czech courts, can be arranged

the jurisdiction of the foreign court in writing only after the dispute has arisen, or

If the agreement only allows employees to bring proceedings in the Court of

of another State. The provisions of § 86 para. 2 shall apply mutatis mutandis.



§ 89



The law applicable to certain employment relationships



Employment based otherwise than by the contract shall be governed by the laws of the State

According to which the employment relationship was based.



Part 5



Unilateral legal act



§ 90



Legal relations arising out of unilateral legal acts shall be governed by

of the State in which the person who has made a unilateral legal act,

their habitual residence or registered office in the time when the legal act has made, unless

has chosen to use a different legal order.



Part 6



Ensure the commitment, the consequences of the breach and the changes of the commitment



§ 91



(1) collateral security shall be governed by the same legal system as a secured

commitment, unless it is a property right or by operation of law or from the nature of things

It is apparent something else or the parties or the party that provided the collateral

a unilateral manifestation of will, chooses to use a different law. Lien

for receivables and other rights shall be governed by the same law as a receivable

or any other right to which the lien was created, unless the Parties shall elect

use of any other rights. Choice or by changing the applicable law are not

without prejudice to the rights of third parties. Against the debtor may be applied only to the

the rights that arise from the rule of law, which are governed by its secured

commitment.



(2) the same law which governs the obligation shall be governed by and consequences

his violation of.



(3) the transfer of rights and obligations of the Act shall be governed by the applicable

for cases in which the law provides for the transition from the

the nature of the case requires otherwise. The right and the obligation to continue to

governed by the rule of law, which is in transition.



Part 7



Set-off



§ 92



Set-off shall be governed by the same legal regulations as a receivable against which

counting points. The parties may choose to use a different legal agreement

of the order.



Part 8



The ratios of the promissory notes and cheques law



§ 93



(1) the effects of mandatory declaration Bill of Exchange recipient and issuer of your own

bills of Exchange are governed by the law of the place of payment.



(2) the effects of the other Bill statement is governed by the law of the State in which the

have been made.



§ 94



The time limits for the exercise of rights is governed by postihových for all persons směnečně

owing to the law of the place where the Bill was issued.



§ 95



The law of the place of issuance of bills of exchange shall be governed, whether the owner of the Bills of exchange shall take

the claim, which is the basis of its issue.



§ 96



Law of the payment place shall be governed by whether you can limit the acceptance of bills of Exchange on

part of the draw of the sum and whether the owner is obliged to accept a partial payment.

The same principle applies for payment of a promissory note.



§ 97



Law of the payment place shall be governed by the measures to be taken, if it was

Bill lost or stolen.



§ 98



Effects of cheque statements governed by the law of the State where it was made.



§ 99



The time limits for the exercise of rights is governed by postihových for all persons šekově

owing to the law of the place where the check was issued.



§ 100



The law of the State in which the check is payable, shall be governed by



and) whether the checks must be payable at sight or whether it can be exposed to the

some time after it is seen, and what effects occur, is listed in the check

a later date than the actual day of issue,



(b) the time limit for submission)



(c)) that you can accept a check, verify, confirm, or at any time, and what effects

have these clauses,



(d)) that the owner may request a partial payment and whether it must accept,



(e)) that you can check, tack or procure a clause "only for clearing" or

clause having the same meaning, and what effects has the cruising or posting

clause or a clause having the same meaning,



(f)) that the owners of those special rights to cover, and what is the content of the

These rights,



(g) the issuer may check) whether the appeal or to raise resistance against payment

check,



h) measures to be taken if a lost check or if the

stolen,



I) whether to maintain postihových rights against indosantům, activated and

other people need to protest šekově blindfolded or findings of the same

the importance of.



Part 9



Some of the non-contractual liability ratios



§ 101



Non-contractual obligations arising out of violations of privacy ratios and

rights relating to personality, including defamation is governed by the law of the State in which the

the disruption has occurred. The affected person may, however, choose to use the law of the State

in which the



and the affected person usually has) residence or registered office,



(b) the originator of the violation) has usual residence or registered office, or



(c)) was the result of the negotiations, if it distorts the originator of the violation

could have foreseen.



PART FIVE



LEGAL AID IN CONTACT WITH FOREIGN COUNTRIES



§ 102



If there is something different between the courts with foreign authorities

through the Ministry of Justice.



§ 103



The Czech courts provide at the request of foreign courts or authorities with legal aid

under the condition of reciprocity. Legal aid can be denied,



and if the implementation does not fall) of the requested Act to the jurisdiction of the requested

the Czech court; However, if it belongs to the jurisdiction of another

the Court or the jurisdiction of other Czech public authorities will

the request will be transferred to the execution of the Court or other public authority to

the Member who is, or



(b)) asks if the implementation of the Act, which is contrary to public policy.



§ 104



(1) top-legal aid is granted according to the Czech legislation;

at the request of a foreign authority can follow a foreign process

Regulation, if the requested procedure is not contrary to public policy.



(2) if the applicant is a foreign body can be witnesses, experts and parties

listen to and concerned has. This also applies, if it is to be in a foreign country

submit a sworn statement of the facts relevant for the application of the

or maintain.



(3) the oath to witnesses and parties to the proceedings: "I swear on my honour

What about all I'm going to Court asked to give up full and truth and nothing

nezamlčím. ".



(4) the oath for the expert added: "I swear on my honour, that I will

According to the best of my knowledge and belief. ".



(5) in the case of an oath follow-up, the wording of the oath accordingly

amend.



§ 105



If the document is not cizozemská equipped with a certified translation into Czech

the language of the recipient shall, if it is willing to accept it; the recipient is

should be advised that you must be aware of the legal consequences which may in

overseas experience, refuses to accept the document.



Section 106



(1) at the request of the Czech Court performs a Czech Embassy



and the delivery of persons in the State), where he carries out the scope, if this is acceptable

under international treaties or general international law, or

unless the legislation of the State where the operation is carried out,



(b) nationals) of the Czech Republic in the State where the Act is to be

made out there who enjoy diplomatic privileges and immunities, and the questioning of

such citizens as witnesses, experts or the parties,



(c)) the examination of witnesses, experts and parties, as well as other procedural

acts come to these persons voluntarily and unless regulations


valid in the State where the Act is to be performed, or unless

serious obstacles.



(2) the Czech Embassy progresses appropriately in accordance with the

the requesting court and acts he has made have the same effects as if it is

conducted by the Court itself.



(3) if the leads abroad probate proceedings and circumstances suggest,

that heir is a citizen of the United States or has within the territory of the United

normal place of residence, the Republic of the Court at the request of the Ministry of foreign

things acts towards his findings. Territorial jurisdiction is the District Court

the area in which the person is to be ascertained by the delay, otherwise, the Court, in whose

the perimeter of the seat of the Ministry of Foreign Affairs.



§ 107



Delivery carried out at the request of a foreign authority, the Czech courts, as well as

the evidence before him made are effective, even when they are not in accordance with the

the provisions of foreign law, they conform to the Czech legislation.



section 108



The certificate of the Czech law



The Ministry of Justice issued to those who need it to apply

their rights in a foreign country, the certificate on the law in force in the Czech Republic. In

This certificate cannot be used in the interpretation of the law or

the interpretation of how the law should be applied to a specific legal case.



section 109



Higher verification of documents



The documents issued or authenticated by the courts or to the documents prepared or

authenticated by a notary or bailiff, to be used in the

abroad, the Ministry of Justice and subsequently joins the Ministry of

Foreign Affairs at the request of the holder of the Charter its higher verification. Higher

authentication cannot be mounted on a simple copy of instrument.



§ 110



Representation of the Ministry of Justice



The Ministry of Justice provides, at the request of the Court in

If his doubts when discussing the matters governed by this

by law.



PART SIX



PROCEEDINGS ON BANKRUPTCY



TITLE I OF THE



GENERAL PROVISIONS



§ 111



(1) if the jurisdiction of Czech courts to begin insolvency

proceedings under the directly applicable European Union legislation ^ 6), the

This procedure also on the debtor's assets in a foreign State other than the Member

State of the European Union, if the foreign State shall recognize the effects on

within its territory, to the extent of the effects. The insolvency practitioner

exercises its powers on the territory of a foreign State, unless the legal system of the

This enables the foreign State and, within the limits of the rule of law.



(2) the Czech courts can initiate and conduct insolvency proceedings, if

the debtor has an establishment in the Czech Republic, asks if the creditor with

usual residence or registered office in the Czech Republic or to

the claim of the creditor in the activities of that establishment. Effects of the proceedings are in

this case is limited to the assets in the Czech Republic.



(3) in addition to the cases covered by the directly applicable provision

The European Union ^ 6), you can use its conflict of law provisions regarding the use

the legislation appropriately.



(4) if the decision of the bankruptcy of the Subscriber payment

system with the finality of settlement of foreign payment system

finality of settlement, with the finality of a securities settlement system

settlement or foreign securities settlement system with the finality of

the settlement, or if it has been issued in relation to that participant, other

decision, or another public authority intervention with similar

the effects of, the rights and obligations of that participant arising from its

participation in the system by the same law that governs the legal relations between the

participants in the system in the implementation of clearing or settlement. Choosing a different

rights is excluded.



(5) the foreign judgment in matters of insolvency proceedings shall be recognized on the condition

reciprocity, if in a foreign State in which it was issued are

Centre of main interests of the debtor and, if the debtor's assets in the Czech

Republic is not subject to proceedings already provided for in paragraph 2. In

these cases and otherwise, have been on the property, which became

subject to insolvency proceedings in a foreign country, insolvency proceedings

a Czech court will be the debtor's movable assets, which are in the United

Republic, issued to a foreign court, at its request, with regard to the Court of the State

that preserves the reciprocal treatment. The debtor's assets may, however, be issued in the

abroad only when it was satisfied the right to exclude from the

the estate and the rights of secured creditors accrued before she went

the request of a foreign court or other competent authority.



TITLE II



THE DECLINE OF FINANCIAL INSTITUTIONS



§ 112



(1) a financial institution for the purposes of this Act, the Bank, the

savings and credit cooperative, a foreign bank, if benefits

the single licence according to the law of the European Union, in the event of paragraphs 2, 5 and

9 and 12 to 14 (i) a foreign bank from a non-Member State of the European

Union or the State of the formation of the European economic area (hereinafter referred to as

"Member State"), which has a branch in at least two Member States.



(2) the bankruptcy of financial institutions for the purposes of this Act, the

the situation is not addressed



and collective proceedings held against the) financial institution, initiated and

pursued by the administrative or judicial authorities of the Member State with the aim of

the sale of assets under the supervision of those authorities, including where the

management terminated phase or other measures with the same effects (

"the bankruptcy proceedings"), or



b) measures intended to preserve or restore the financial

the situation of financial institutions and that may have an impact on the already existing

third-party rights, including measures involving the possibility of a suspension

suspension of payments, receivables, postpone the measures

related to performance or reduction of claims (hereinafter referred to as

the "reorganisation").



(3) the Reorganization is carried out in accordance with the laws, regulations and procedures

applicable in the State where the financial institution has been issued a licence, or

similar permission, unless stipulated otherwise.



(4) bankruptcy proceedings shall be conducted in accordance with the laws, regulations and procedures

applicable in the State where the financial institution has been granted a licence or

similar permission, unless stipulated by something else, especially

in the case of



and) the assets which form part of the estate and the treatment of

assets that financial institutions were acquired after the commencement of bankruptcy

management,



(b)) the powers of the financial institutions and persons carrying out bankruptcy proceedings,



(c)) the conditions under which set-off may be applied,



(d)) the effects of bankruptcy proceedings on current contracts to which the financial

institution is party;



(e)) the effects of insolvency proceedings on the judicial and arbitral proceedings conducted

individual creditors, with the exception of proceedings under section 114 para. 2,



(f)) claims which are to be lodged against the property of the financial

institutions, and the treatment of claims arising after the opening

bankruptcy proceedings,



(g)) the rules governing the lodging, verification and admission of claims,



h) the rules governing the distribution of proceeds from the sale of assets, the

the ranking of claims and the rights of creditors, whose claims were partially

met after the commencement of bankruptcy proceedings based on a right in rem or

through the netting,



I) conditions for termination of bankruptcy proceedings and the consequences of their

bankruptcy proceedings,



j) creditors ' rights after the termination of bankruptcy proceedings,



to the person liable to pay) costs and expenses of the bankruptcy proceedings, or



l) rules relating to the voidness, voidability or unenforceability

legal proceedings because of the injury to the creditors ^ 7).



(5) the effects of commencement of bankruptcy proceedings and reorganisation of the



and) employment contracts and employment conditions are governed solely by the law

the Member State applicable to the employment contract,



(b)) a contract conferring the right to make use of or acquire immovable thing,

governed solely by the law of the Member State in whose territory the immovable thing is;

This right also determines whether it is a movable or immovable thing,



c) rights to immovable property, a ship or an aircraft subject to

registration in a public register shall be governed solely by the law of the Member

the State under whose authority the register is kept.



§ 113



(1) the application and enforcement of the rights to investment vehicles whose

existence or transfer of which presupposes their entry in the register, on account

or in a central deposit system held or located in a

a Member State, shall be governed by the law of that State.



(2) the arrangement of the final settlement shall be governed solely by the law applicable

of the contract which governs such agreements.



(3) without prejudice to the provisions of paragraph 1, the



and repurchase arrangements) solely by the law applicable to the contract

shall be governed by this agreement,



b) trades carried out within the regulated market with investment instruments

solely by the law of the contract which governs such transactions.



(4) the provisions of § 112 para. 4 does not apply to the rules for invalidity,

voidability or unenforceability of legal acts due to injury

creditors, if the person who has the benefit of these negotiations demonstrates that



and) conduct which is prejudicial to creditors, be governed by the law of another Member


State other than the State which issued the licence or similar financial institution

permissions, and



(b)) this law does not allow in this case, no means of challenging

This legal action.



(5) the provisions of § 112 para. 3 does not apply to the rules for invalidity,

voidability or unenforceability of legal acts due to injury

creditors arising from legislation, reorganization, which decided to

the Court, if these negotiations were made before its adoption and, if

the person in whose favour the negotiations made, proves that the



and) conduct which is prejudicial to creditors, governed by the laws of another

Member State other than the State that issued the financial institution license

or similar permissions, and



(b)) this law does not allow in this case, no means of challenging

This legal action.



section 114



(1) if financial institutions act made after the commencement of bankruptcy

proceedings or the adoption of a reorganisation measure disposes, for consideration



a) immovable thing,



(b)) the vessel or aircraft subject to registration in a public register,

or



c) investment instruments or rights to them, whose existence or transfer

assume their entry in the register, to the account or to the Central

the deposit system held or located in a Member

State,

the effects of that conduct is governed by the law of the Member State in whose territory the

immovable thing or under whose authority the register, account or deposit

the system runs.



(2) the effects of reorganization or bankruptcy proceedings on a lawsuit

proceedings concerning assets or rights, which the financial

the institution deprived shall be governed solely by the law of the Member State in which the

the lawsuit is pending.



(3) the possibility of requesting a set-off against the claims of financial institution

governed by the law governing the receivable financial institutions; This is not a

without prejudice to the provisions of § 112 para. 4 (b). l).



(4) in the cases referred to in paragraphs 1 and 3, § 112 para. 3-5, and in section

113 is the choice of another right is excluded.



TITLE III



THE DECLINE OF THE INSURANCE UNDERTAKING



section 115



(1) the decline of the insurance company under this Act, a situation not addressed



and collective management, whose) realising the assets of an insurance undertaking, and

the distribution of the proceeds among the creditors, shareholders or members as appropriate,

inevitably, any intervention involving the administrative or judicial

authorities of the Member State, including where the collective proceedings

terminated by a composition or by another analogous measure, regardless,

whether it is or is not due to insolvency, or whether it is voluntary

or compulsory (hereinafter referred to as "insolvency proceedings in the event of bankruptcy

the insurance company "), or



(b) measures involving any intervention) administrative or judicial

authorities of the Member State whose purpose is to preserve or restore the

the financial situation of the person, and that may have an impact on existing rights

third parties, including measures involving the possibility of a suspension of payments,

suspension of receivables, suspension of enforcement measures

with the performance of or reduction of claims (hereinafter referred to as "the reorganisation

measures in the event of bankruptcy of the insurance company ").



(2) an insurance undertaking shall, for the purposes of this Act, a branch of the insurance undertaking, and

If that undertaking is not registered office on the territory of a Member State and

If this insurance company has been granted a residence permit in a Member State in the activities

accordance with the law of the European Union.



(3) the reorganisation measures in the event of the bankruptcy of an insurance undertaking, including its

branches shall be carried out in accordance with the laws, regulations and procedures applicable in the

State where the insurance undertaking has been granted the licence to operate activities

If it is not stipulated otherwise ^ 8). The reorganisation measures shall not prevent the

winding-up proceedings. Reorganisation measures is effective in all

Member States at the moment of the acquisition of its effectiveness in the State by the phrase

the first.



(4) the insolvency proceedings in the event of the bankruptcy of an insurance undertaking shall be carried out in accordance

with the laws, regulations and procedures applicable in the Member State where the undertaking has

granted the authorisation to pursue the activity if it is not stipulated

otherwise, especially in the case of



and) the assets which form part of the estate and the treatment of

the property, which the insurance company acquired or transferred after the commencement

insolvency proceedings in the event of the bankruptcy of an insurance undertaking,



(b)) the powers of the insurance and persons conducting an audition,



(c)) the conditions under which set-off may be applied,



(d)) the effects of insolvency proceedings in the event of the bankruptcy of an insurance undertaking on the current

contracts to which the insurance undertaking is party, the



(e)) the effects of insolvency proceedings in the event of the bankruptcy of an insurance undertaking on the judicial and

the arbitration proceedings brought by individual creditors, with the exception of proceedings under section

paragraph 116. 4,



f) the claims which are to be lodged against the insurance undertaking for the property, and

the treatment of claims arising after the opening of insolvency

in the case of bankruptcy of an insurance undertaking,



(g)) the rules governing the lodging, verification and admission of claims,



h) the rules governing the distribution of proceeds from the sale of assets, the

the ranking of claims and the rights of creditors, whose claims were partially

met after the opening of insolvency proceedings in the event of the bankruptcy of an insurance undertaking

based on a right in rem or through a set-off,



I) conditions for the closure of the insolvency proceedings in the event of bankruptcy

insurance companies and the effects of closure of insolvency proceedings in the event of bankruptcy

insurance companies, in particular by composition;



j) creditors ' rights after the termination of the insolvency proceedings in the event of bankruptcy

insurance companies,



to the person liable to pay) the costs and expenses of the insolvency proceedings in the

the case of the bankruptcy of an insurance undertaking, or



l) rules relating to the voidness, voidability or unenforceability

legal proceedings because of the injury to the creditors.



(5) the effects of reorganisation measures in the event of the bankruptcy of an insurance undertaking or

opening of insolvency proceedings in the event of the bankruptcy of an insurance undertaking on the



and) employment contracts and employment ratios and proportions of the corresponding

shall be governed solely by the law of the Member State applicable to the employment contract

or employment relationship,



(b)) a contract conferring the right to make use of or acquire immovable thing,

governed solely by the law of the Member State in whose territory the immovable thing is,



c) rights to immovable property, a ship or an aircraft subject to

registration in a public register shall be governed solely by the law of the Member

the State under whose authority the register is kept.



§ 116



(1) without prejudice to the rights in rem of creditors or third parties assets

belonging to the debtor, the effects of reorganisation measures in the case of

the decline of the insurance undertaking or the effects of insolvency proceedings in the event of bankruptcy

on the rights and obligations of parties to a regulated market legal

of procedure, that is decisive for this market; This does not affect the use of

the provisions of § 115 of paragraph 1. 4 (b). l) on legal action taken for the purpose of

postponement of payments or transactions, governed by the laws of the applicable

This market.



(2) the provisions of § 115 of paragraph 1. 4 (b). l) shall not apply to rules for

voidness, voidability or unenforceability of legal acts because of the

creditors, if the person who has the benefit of the meetings,

It proves that the



a) detrimental creditors is governed by the law of another Member

State other than the State which issued the official authorisation to an insurance undertaking

the operation of its business, and



(b)) this law does not allow in this case, no means of challenging

This legal action.



(3) If an undertaking acts made after the adoption of a reorganisation

measures in the event of the bankruptcy or insolvency of the insurance undertaking after the opening of

in the case of bankruptcy of an insurance undertaking disposes, for consideration



a) immovable thing,



(b)) the vessel or aircraft subject to registration in a public register,

or



c) investment securities or other securities or rights to them,

the existence or transfer of which presupposes their entry in the register,

to the account or to the central deposit system held or

located in a Member State, the effects of the offence by the law of

the Member State in whose territory the immovable thing is, or in whose jurisdiction the

the register, account or deposit system is doing.



(4) the effects of reorganisation measures in the event of the bankruptcy of an insurance undertaking or

insolvency proceedings in the event of the bankruptcy of an insurance undertaking on a lawsuit

proceedings concerning assets or rights, which was

the insurance company has divested shall be governed solely by the law of the Member State in which the

the lawsuit is pending.



(5) the possibility of requesting a set-off against the claims of the debtor shall be governed by

the law governing the receivable of the debtor; This is without prejudice to the provisions of §

paragraph 115. 4 (b). l).



(6) in the cases referred to in paragraphs 1 and 3 to 5 and in article 115 paragraph. 3 to

5 is the choice of another right is excluded.



PART SEVEN



ARBITRATION AND THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS



§ 117



The arbitration agreement



(1) the admissibility of the arbitration agreement shall be assessed by the Czech legal

of the order. Other elements of the arbitration agreement shall be treated in accordance with the legal


order of the State in which the award is to be delivered.



(2) for the form of the arbitration agreement apply the law applicable to the other

the essentials of the arbitration agreement; However, if it was done

the law of the place or places where the expression of will.



§ 118



Eligibility of foreigners be arbitrator



Arbitrator may be even stranger, if, under the law of the State of which he is

citizen, eligible for legal actions; It is, however, a fully

eligible for legal actions by the Czech legal order. For more

the requirements for becoming an arbitrator designated for dispute resolution of

consumer contracts provided by other legislation.



§ 119



Determining the applicable law



The law applicable to the dispute is the law chosen by the parties. If the parties to this

the right shall be determined by the arbitrators have not chosen on the basis of the provisions of this law.

To the laws of the applicable law may be taken into account only if the

If it is clear from the choice of law made by the parties. If the parties to the

the arbitrator expressly entrusted by the, the arbitrators may decide the dispute in accordance with

principles of equity; in the case of disputes of consumer contracts, must be

also applied to the provisions otherwise applicable law on consumer protection.

Also for decision making in arbitration proceedings, the provisions of § 87 para. 2.



The recognition and enforcement of foreign arbitral awards



§ 120



Arbitration awards issued in a foreign State will be recognised in the Czech Republic and

executed as the Czech Arbitration, if the guaranteed reciprocity.

Reciprocity is considered guaranteed also in case that a foreign State

claims generally foreign arbitration awards for enforceable under the conditions

reciprocity.



§ 121



Recognition or enforcement of a foreign arbitral award will be denied if

a foreign arbitration award



and it is not the law of the State) in which it was issued, a final or

enforceable,



(b)) was abolished in the State in which it was issued or under whose rule of law

was issued,



(c)) is vitiated, which is the reason for the cancellation of the Czech Arbitration

the finding by the Court, or



(d)) is contrary to public policy.



§ 122



(1) recognition of a foreign arbitration award is not pronounced in a special

by decision. A foreign arbitration award is recognised by it

maintaining the conditions of section 120 and 121 shall take into account, as if it were a Czech judge

finding.



(2) the enforcement of a foreign arbitral award ordering the decision

the Czech court, which is to be justified.



PART EIGHT



TRANSITIONAL AND FINAL PROVISIONS



§ 123



Transitional provisions



(1) the creation and existence of legal relations and the fact of them resulting from the

before the date of entry into force of this Act, including choice of law, the

assessed according to the existing legislation. The provisions of this law

shall also apply to legal relations arising before the date of the acquisition of its

efficiency, if they are persistent, long-term nature, and occurs in them to

or again over the conduct of the participants and the facts for them

important after the date of the acquisition of its effectiveness when it comes to such conduct and

fact.



(2) in proceedings commenced before the date of entry into force of this Act shall be

continue to apply the provisions of the existing legislation on the powers of

Czech courts. This also applies in proceedings concerning the recognition and enforcement of foreign

foreign arbitral awards and decisions concerning the conditions for their

recognition and enforcement.



§ 124



Regulation (EEC)



Shall be repealed:



1. Act No. 97/1963 Coll. on private and procedural international law.



2. Act No. 365/2004 Coll., amending Act No 97/1963 Coll. on

international private and procedural law, as amended.



3. Article. (III) Act No. 158/1969 Coll. supplementing and amending the civil

the rules of court, the notarial procedure and the law on private international law and

procedural.



4. Article. (II) Act No. 234/1992 Coll., amending and supplementing Act No.

94/1963 Coll., on the family, as amended by Act No. 132/1982 Coll.



5. Article. In Act No. 264/1992 Coll., amending and supplementing the civil

code, repealed the law on notary and the State of the proceedings before the national

Notary Office (the notarial regulations) and amending and supplementing certain other laws.



6. Part of the first law No 125/2002 Coll., amending certain laws in the

connection with the adoption of the Act on payment systems.



7. Part four of Act No. 37/2004 Coll., on insurance contracts and amending

related laws (law on insurance contracts).



8. Part of the twenty-first Act No. 256/2004 Coll., amending certain

laws in connection with the adoption of the law on the capital market,

the law on collective investment and the law on the bonds.



9. Part of the thirteenth Act No. 377/2005 Coll., on the supplementary supervision of

banks, spořitelními and úvěrními associations, institutions, electronic

money, insurance companies and securities dealers in financial

conglomerates and amending some other acts (law on financial

conglomerates directive).



10. Part of the twenty-sixth of Act No. 57/2006 Coll., amending the laws in

with regard to the unification of financial market supervision.



11. Part XXII of the Act No. 70/2006 Coll., amending certain

laws in connection with the adoption of the law on the implementation of the international

sanctions.



12. Part two of the Act No. 229/2006 Coll., amending Act No 99/1963

Coll., the civil procedure code, as amended, and certain other

laws.



13. Part four of Act No. 296/2007 Coll., amending Act No.

182/2006 Coll., on bankruptcy and the ways of its solution (insolvency law), in

as amended, and certain laws in connection with its

the adoption.



14. Part two of the Act No. 123/2008 Coll., amending Act No 99/1963

Coll., the civil procedure code, as amended, law No.

97/1963 Coll. on international private and procedural law, as amended by

amended, and Act No. 553/1991 Coll. on court fees in

as amended.



15. Section 15 of Act No. 7/2009 Coll., amending Act No 99/1963

Coll., the civil procedure code, as amended, and other

related acts.



16. section 4, paragraph 4. 2 and the fifth section of the Act No. 216/1994, Coll., on arbitration

and on the enforcement of arbitration awards.



17. Article. And part four and article. (II) section 12 of law no 191/1950 Coll.,

Bills and cheques Act.



18. the first Part of Act No. 409/2010 Coll., amending laws in connection with the

the adoption of the law on financial collateral arrangements.



19. Part three of the law No 28/2011 Coll., amending Act No 40/1964

Coll., civil code, as amended, and other

related acts.



PART NINE



The EFFECTIVENESS of the



section 125



This Act shall take effect on 1 January 2000. January 2014.



Němcová in r.



Klaus r.



Nečas in r.



for example, 1) European Parliament and Council Regulation (EC) no 593/2008 of the

17 May. June 2008 on the law applicable to contractual obligations (Rome

I), regulation of the European Parliament and of the Council (EC) No 864/2007 of 11 July.

July 2007 on the law applicable to non-contractual obligations (Rome

(II)), Council Regulation (EC) No 44/2001 of 22 May 2001. December 2000 on the

jurisdiction and the recognition and enforcement of judgments in civil and

commercial matters, Council Regulation (EC) No 2201/2003 of 27 November 2003. November

2003 concerning jurisdiction and the recognition and enforcement of decisions in matters of

in matrimonial matters and in matters of parental responsibility, repealing Regulation

(EC) No 1347/2000, Council Regulation (EC) No 4/2009 of 18 December 2003. December

2008 on jurisdiction, applicable law, recognition and enforcement of decisions and

cooperation in matters relating to maintenance obligations, Council decision

2009/941/EC of 30 March 2004. November 2009 on the conclusion of the Hague Protocol of

on 23 December 2005. November 2007 on the law applicable to maintenance obligations

The European Community, Council Regulation (EC) no 1346/2000 of 29 June 2000.

May 2000 on insolvency proceedings.



2) of Council Regulation (EC) No 4/2009 on jurisdiction, applicable law,

the recognition and enforcement of decisions and cooperation in matters relating to maintenance

duties.



Council decision 2009/941/EC of 30 March 2004. November 2009 on the conclusion

The Hague Protocol of 23 November. November 2007 on the law applicable to

maintenance obligations in the European Community. Protocol on the law

applicable to maintenance obligations, done at the Hague on 23. November

2007, OJ l. p. 1. EU L 331, 16.12.2009, p. 19.



3) Convention on jurisdiction, applicable law, recognition, enforcement and

cooperation in respect of parental responsibility and measures for the protection of

children, concluded at the Hague on 19. October 1996, proclaimed under no 141/2001

SB. m. s.



4) Law No 408/2010 Coll., on financial collateral arrangements.



5) in particular, regulation of the European Parliament and of the Council (EC) no 593/2008 of the

17 May. June 2008 on the law applicable to contractual obligations (Rome

I), regulation of the European Parliament and of the Council (EC) No 864/2007 of 11 July.

July 2007 on the law applicable to non-contractual obligations (Rome

(II)), Council Regulation (EC) No 44/2001 of 22 May 2001. December 2000 on the

jurisdiction and the recognition and enforcement of judgments in civil and

commercial matters, the Convention on the law applicable to traffic accidents,

agreed in the Hague on 4. May 1971, renowned as no. 130/1976 Sb.

Vienna Convention on civil liability for nuclear damage, taken by


in Vienna on 21 February 2006. in May 1963, the Joint Protocol relating to the

the application of the Vienna Convention and the Paris Convention, adopted in Vienna on 21 February 2006.

September 1988, declared under no. 133/1994 Coll.



6) of Council Regulation (EC) no 1346/2000 of 29 June 2000. May 2000 on insolvency

control.



7) European Parliament and Council Directive 2001/24/EC of 4 April 2003. April

2001 on the reorganisation and winding up of credit institutions.



8) directive of the European Parliament and of the Council no 2009/138/EC of 25 March 2002.

November 2009 on access to insurance and reinsurance activity and its

(Solvency II).