Kategorie: Civil Law
Current interpretation of selected aspects of frustration of the performance of a work
Section 2613 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter as the “CC“), deals with the frustration of the performance of the work, stating that “if the client frustrates the performance of the work for which the client bears liability, the contractor is entitled to the price for the work decreased by …
Read moreNotarial deed as an enforcement title to vacate a property
On 10 April 2024, the Grand Chamber of the Supreme Court of the Czech Republic issued a resolution File No. 31 Cdo 225/2024-543, in which it dealt with the issue of a notarial deed with permission for direct enforceability as an enforcement title to vacate a property (hereinafter referred to as the “Resolution”). The Grand …
Read moreAcceptability of simple electronic signatures for legal actions
The Municipal Court in Prague issued a judgment under Case No. 54 Co 217/2024-259 in which it dealt with the problem of acceptability of electronic signatures for legal actions in written form (“Judgment“). Not only did it agree with the court of first instance in the case of the purchase of real estate, but, above …
Read morePre-contractual liability and damages for breach of contract
The concept of pre-contractual liability is still associated with a number of issues, despite its legislative anchoring in the Civil Code, the resolution of which is left to the decision-making practice of the courts. One of these aspects that has not yet been resolved – namely, whether the entitled party is entitled to compensation for …
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