Kategorie: Civil Law

22. 02. 2019

Provability 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. …

11. 01. 2019

Demanding requirements for proper billing of energy consumption also apply to commercial rentals

Relatively extensive interpretation of the rules for regular annual billing of services provided with the rent of immovable property has been used by the Supreme Court of the Czech Republic in its judgment no. 26 Cdo 5212/2017-147 (28 August 2018). This decision can have very serious consequences especially for landlords of non-residential real property. The …