Kategorie: Civil Law
Collective actions in the Czech Republic?
At present, the Government of the Czech Republic is discussing a draft law on collective actions, which is intended to regulate the collective proceedings, including the legal enforcement of judgments and possible collisions with insolvency proceedings. The law should enable the effective enforcement of rights collectively, thereby reducing the risk of different legal assessments of …
Read moreCompensation for non-pecuniary harm and compensation for the death of close people
The Supreme Court of the Czech Republic, in its recent decision dated September 19, 2018, file no. 25 Cdo 894/2018, dealt with the issue of compensation for non-pecuniary harm (within the meaning of compensation for the death of close people), including the definition of the essential circumstances which have to be taken into account for …
Read moreEmployee´s legitimate refusal to go on a business trip and compensatory wage
The Supreme Court of the Czech Republic, in its recent decision dated October 9, 2018, f.n. 21 Cdo 1561/2018 dealt with the below-specified issues in the field of labour law in relation to the instruction of an employee to go on a business trip abroad, namely in truck transport. Solved issues The Supreme Court in this decision considered the …
Read moreProvability difficulties of counterclaims do not always exclude them from offsetting by the defendant
Since the judicial enforcement of practically certain claims is often delayed by the defendants’ opportunistic set-off objections, the general prohibition of uncertain or indeterminate claims to be set off has been incorporated into the Czech Civil Code. However, the interpretation of the relevant provision of the Civil Code by courts has not gotten settled yet. …
Read more