If a shareholder’s shares in a joint stock company are declared invalid, when does it cease to have an interest in the company?
In its judgment dated 12 June 2018 (file no. 29 Cdo 3064/2016), the Czech Supreme Court considered the precise time when a shareholder’s interest in a joint stock company terminates. The court held that even in cases where the company’s board of directors declares a person’s shares invalid because it did not present them within […]
Legal advice on a residential development in Kladno
Achour & Partners is advising a major investment group on a residential development project in Kladno. As part of our legal services, we are preparing comprehensive documentation on all aspects of the transaction, including project financing.
Options for amending public contracts
Public contracts resulting from a tender are amended fairly often. This also leads to frequent reviews by the Office for the Protection of Competition. On October 1, 2016, an important law on these issues, Act no. 134/2016., on public contracts, as amended (the “PCA”), came into effect. Any amendments to contracts concluded under the previous […]
Protecting the privacy of public figures
Czech courts have ruled that public figures (i.e. people active in public life) must accept a greater degree of public and media attention and criticism than other people. The criticisms of public figures may extend to drawing links between them and other entities. The limits on the scrutiny and criticism of public figures are broader […]
Constitutional issues arising from default judgments
The Constitutional Court has repeatedly addressed the question of whether courts may infer one party’s recognition of the other party’s claim in a legal action: “Courts should show caution and be restrictive when considering whether to issue a default judgment by which a defendant is deemed to have acknowledged the plaintiff’s claim” (para. 28 of […]
Legal advice on a CZK 1.6 billion residential development
Achour & Partners is advising a major contracting authority on a deal valued at approximately CZK 1.6 billion including a residential development project and upgrade to a site in central Prague. Our services include the preparation of key transaction documents. The transaction concerns the development of an existing bus terminus site including links to a […]
Automatic extension of a lease of business premises
In a judgment dated March 14, 2018 (file no. 26 Cdo 3821/2017), the Czech Supreme Court addressed the issue of the automatic extension of a fixed-term lease of business premises. The court found that such a lease will renew automatically on the same terms and conditions that apply to a residential lease. This means that […]
Public contracts: Using a negotiated procedure without prior publication
Negotiation without the prior publication of a contract notice is one of the recognised methods of public procurement. The situations where this method may be used have now been narrowed down from those allowed under the previous law. This is partly because some earlier grounds for using this method are now covered by regulations on […]
Senate approves amendment to the Linear Facilities Act
On July 18, 2018, the Senate passed a bill to amend Act no. 416/2009 Coll. on expediting the construction of traffic, water, energy and communications infrastructure, as amended (the Linear Facilities Act or LFA). The aim of the amendment is to facilitate and hasten the construction of transport, energy and communications infrastructure. To this end, […]
Sellers who lack the right to transfer a purchased object
The rule under section 1760 of Act no. 89/2012 Coll., the Civil Code (the “CC”) does not distinguish between a situation where the legal title to an object is transferred by an effective contract alone, and one where an additional transaction is needed to convey that title. In both scenarios, the rule is that even […]