Contractual assignment
Contractual assignment is a standard and widespread business practice that makes it possible to change a party to an already concluded contract and/or a person bound by contractual obligations. This method is relatively fast and safe. Background The current law, Act no. 89/2012 Coll., the Civil Code, as amended (the “CC”), defines “contractual assignment” in […]
Lowering of unilaterally offset contractual penalty
In its judgment file no. 31 Cdo 927/2016 dated 11 April 2018, the Grand Panel of the Civil and Commercial Division of the Supreme Court of the Czech Republic addressed the issue, whether a contractual penalty used for an unilateral set-off may be lowered by the court. According to its earlier case law (e.g. the […]
Call for payment sent by e-mail
The Regional Court in Brno examined, in its resolution file no. 27 C 86/2017 dated 9 November 2017, whether an e-mail address was sufficient as the mailing address or the last known address as per Section 142a subsection 1 of the Rules of Civil Procedure. The Regional Court arrived at the opinion that Section 142a […]
Trend Report 2018
The law office of Achour & Partners participated in drafting of the Trend Report 2018 issued by the Real Estate Market Development Association (ARTN). The Trend Report expert study is a collective work of ARTN members, as well as other real estate market insiders. This is an annual expert market report on the state of […]
Public aid for the Czech Post approved
During February 2018, the European Commission decided twice on the public aid for the Czech Post, state enterprise. In both cases, the decisions were positive for the recipient of the grants. First, on 2 February 2018, the European Commission approved subsidy of financing of the operation of data boxes system for 2018 – 2022; subsequently, […]
Legal advice regarding completion of an office building project in Prague
The law office Achour & Partners provided legal consultancy in the matter of completion of an office building project in the broader center of Prague in the value of ca CZK 1.2 billion. During the process, we were responsible for drafting the transaction documents and providing related advice, including assessment of the impact of the […]
Gabriel Achour reelected to the board of the Real Estate Market Development Association
Gabriel Achour was reelected to serve another term on the board of the Real Estate Market Development Association (ARTN) (www.artn.cz). ARTN is an association of leaders in all segments of real estate market, especially in the field of investments, architecture, finance, consultancy, law, brokering, civil service and academia.
Unjust enrichment arising from a payment made for a third party
In a judgment on November 7, 2017 (file no. 28 Cdo 5970/2016), the Supreme Court addressed the issue of unjust enrichment arising from a payment made on behalf of a third party. The court held that unjust enrichment may arise from an act performed for another party, as foreseen by section 454 of Act no. […]
Prohibiting the transfer of shares in a limited liability company
In a decision on September 19, 2017 (file no. 29 Cdo 5719/2016), the Czech Supreme Court held that shareholders in a limited liability company were free to conclude a Memorandum of Association which absolutely prohibited the transfer of their shares to other shareholders or third parties. This provision would mean the shares were non-transferable. Such […]
Courts must explain incompatible decisions about identical fact scenarios
In a decision on October 3, 2017 (file no. 20 Cdo 4038/2017), the Czech Supreme Court considered whether a court’s departure from its earlier decisions when presented with almost the same facts in a case between the same parties was compatible with the principle of legitimate expectation. This also raised the question of compliance with […]