New Misdemeanours Act
In June 2017, a new law – Act No. 250/2016 Coll., on Liability for Misdemeanours and Related Proceedings – took effect. Not only does this statute replace the frequently amended 1990 Misdemeanours Act (together with another 78 pieces of legislation) but it introduces a brand new understanding of misdemeanours and liability. The new law recognises […]
Amendment to the Cybersecurity Act
On August 1, 2017, Act No. 205/2017 Coll. took effect, amending the Cybersecurity Act (Act No. 181/2014 Coll. on Cybersecurity and the Amendment of Related Acts) in line with Act. 104/2017 Coll. and other legislation. The amendment aims to introduce European Parliament and Council Directive 2016/1148 of July 6, 2016 into Czech law. That directive […]
New Supreme Court ruling on unjust enrichment
The questions of whether and to what degree unjust enrichment occurs in the case of an invalid work contract are complex, and decisions in these cases will depend on various factors. One of the most important considerations is whether the client is the owner of any real estate built under the contract. If the client […]
The Contracts Register Act and the Cadastral Register
In practice, it is fairly common that one of the parties to a sales contract about real estate listed in the Cadastral Register, is also subject to Art. 2 of Act No.340/2015 Coll., on the Contracts Register, as amended (the "Act"). If the contract must be recorded in the Contracts Register, then it will not […]
Legal advice to shareholders of a major supplier to the automobile industry
Achour & Partners is providing legal advice to the shareholders of an important automobile parts supplier, with annual turnover of one billion CZK, regarding the sale of 50% of the company’s shares. Denisa Marešová of the firm is overseeing the transaction. As part of the advice, our team is preparing comprehensive transaction documentation.
The legal status of declarations and assurances in acquisition agreements
Declarations and assurances are used in all important acquisition transactions whether the assets being transferred are specific premises, real estate, technical equipment, enterprises or shares or interests in target companies. In all these acquisitions, declarations and assurances form the most crucial and far-reaching part of the transaction documentation. All other parts of these agreements may […]
Legal Impact of the Contracts Register Act
Although Act No. 340/2015 Coll., on the Contracts Register, as amended (the "Act") came into force on July 1, 2016, its Articles 6 and 7 on the penalties for breach of the duty to announce a contract in the Contracts Register only took effect on July 1, 2017. From this date onwards, contracts that must […]
The legal status of a metro and metro stations
A metro (i.e. a subway or tube line) can be understood as a railway under Act No. 266/1994 Coll., on railways, as amended (the "Act"). The implementing decree to Act No. 177/1995 Coll., on the construction and technical regulation of railways, as amended (the "Decree"), uses the term "metro" in its Art. 1 para 2 […]
Innovative Legal Services Forum 2017
From 16th to 17th May 2017, the publishing house Economia organized the 2nd annual conference focusing on innovation in providing legal services "Innovative Legal Services Forum", this time along with workshops. The conference had three main topics: Drawing from the experience of world leaders combining economic and law perspectives on resolving client issues; the possibility […]
The length of the building permit approval process and the owners of neighbouring real estate
In a recent decision (file No. 30 Cdo 5103/2015, February 28, 2017), the Czech Supreme Court held that building authorities must consider the potential objections of the owners of neighbouring real estate before issuing a building permit. The building authority must determine whether or not these objections are justified, i.e. whether the construction in question […]