Supreme Court: Consequences of Unauthorized Representation
In its Judgment File No. 27 Cdo 4056/2017 dated 26 March 2019, the Czech Supreme Court commented on the consequences of unauthorized representation or a representative acting beyond the scope of a power of attorney. According to the Supreme Court, an unauthorized representative, or a representative acting beyond the scope of their authorization, creates by […]
The Mutual Right of Preemption of Owners of Lands and Buildings as per the Civil Code
In its Judgment File No. 22 Cdo 2979/2018 dated 27 March 2019, the Czech Supreme Court commented on the right of preemption between owners of lands and buildings. If a joint-ownership share in a land lot or in a building built on such land lot is transferred, unless the acquisition of such share by the […]
Supreme Court: A Breach of Promise Given Outside Legally Relevant Framework Does Not Violate Law; No Right to Damages
In its Judgment File No. 25 Cdo 5765/2017 dated 31 January 2019, the Czech Supreme Court commented on a breach of a promise and its legal consequences. The Court declared that the rules included in Section 3(2)(d) CC summarize the principle pacta sunt servanda, dating back to Roman law, which lies at the very heart […]
Supreme Court: On a Partial Fee Refund by the Arbitration Court attached to the Czech Economic and Agricultural Chambers
In its Judgment File No. 23 Cdo 991/2017 dated 27 March 2019, the Czech Supreme Court commented on the refund of a fee for arbitration conducted before the Arbitration Court attached to the Economic and Agricultural chambers of the Czech Republic. According to Section 5 of the Rules governing costs of proceedings, in case of […]
Supreme Court: On Rent Payments after the Title of a Leased Property is Changed
According to the Judgment of the Supreme Court of the Czech Republic File No. 28 Cdo 270/2019 dated 02 April 2019, even according to the legislation valid as of 1 January 2014, a tenant is not obliged to pay rent to the new owner of the leased property until the tenant is notified of the […]
Czech Supreme Court Comments: The Binding and Enforceable Nature of Resolutions Adopted by Municipal Assemblies and Councils
According to the Judgment of the Supreme Court of the Czech Republic File No. 25 Cdo 5765/2017, dated 31 January 2019, decisions of municipal assemblies or councils in property issues are to be viewed as mere instructions, not official acts of the municipality. Such decisions cannot become final (unchangeable) and may be changed if such […]
Czech Supreme Court: Statutory Provisions Regarding Boundaries Only Applies to Structures Located on Both Land Plots or Exactly on a Boundary Line
According to a Decision of the Supreme Court of the Czech Republic, File No. 22 Cdo 4043/2018, dated 27 March 2019, the provisions of the Civil Code governing boundaries (Section 1024, et seq. CC) cannot be applied in case of stairs located solely on the land lot owned by the defendants. The provisions governing boundaries […]
Czech Supreme Court Judgment: Calculation Errors and the Validity of Legal Transactions
According to the Judgment of the Supreme Court of the Czech Republic File No. 33 Cdo 1141/2017, dated 21 March 2019, any errors in writing or calculations or other blatant errors in documents have no legal consequences if the content (meaning) of such documents remains clear and unambiguous in spite of such errors. Section 37(3) […]
Czech Supreme Court Comments: Transactions Carried out by Limited Liability Companies Without Approval from a General Meeting
In its Judgment File No. 27 Cdo 2645/2018, dated 29 May 2019, the Czech Supreme Court commented on the consequences when a transaction carried out by a limited liability company is not approved at the general meeting. If the law requires that a legal transaction should be approved at a general meeting of a limited […]
The European Union Court of Justice Sided with Austria Against the German Planned Motorway Toll
According to a recent decision of the Court of Justice of the European Union, the planned German motorway toll discriminates against drivers. The fee for the use of motorways combined with vehicle tax reliefs for drivers with cars registered in Germany was held to constitute indirect discrimination based upon nationality and violation of principles of […]