Kategorie: Civil Law
Practical pitfalls of a change in the person of the landlord: rent, security and advance payments for services
Although the lease of immovable property is an institute of the law of obligations, it has some distinctly rights-in-rem elements, which are manifested, for example, in the case of change of ownership of the leased property. In this respect, the provisions of Section 2221(1) of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter the …
Read moreChanges in divorce procedure: simplification and new institutes
In the autumn of 2023, the Ministry of Justice introduced a long-awaited amendment to Act No. 89/2012 Coll., the Civil Code (hereinafter the “CC“), together with amendments to other, mainly procedural regulations. This forthcoming amendment (hereinafter the “Amendment“) aims to speed up, streamline, and make cheaper the so-called uncontested divorce procedure. The Amendment has already …
Read moreReservation of machine ownership – generally and practically
The reservation of separate ownership of machinery and other equipment is one of the lesser-known institutes of the Civil Code[1] (hereinafter referred to as “CC”). This legal instrument breaks the so-called superficies principle, which states that buildings and everything that is firmly connected to the land, such as objects embedded in the ground or attached …
Read moreAmendments to the Civil Procedure Code: reduction of costs of proceedings and the extension of the institution of the fiction of delivery
Without much publicity, with effect from 1 July 2024, Act No. 99/1963 Coll., the Civil Procedure Code i.e. the legal regulation governing civil court proceedings, has been amended, inter alia, in provisions that do not directly concern the concurrently adopted Act No. 179/2024 Coll., on Civil Collective Proceedings. The amendments made by Act No 180/2024 …
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