Kategorie: Procedural Law
Analogical Application of the Spent Conviction Regime in Administrative Offence Proceedings
When imposing administrative penalties, administrative authorities often take an offender’s previous history of administrative offences into account, and earlier final decisions on administrative offences may constitute an aggravating circumstance justifying a more severe penalty. The question nevertheless arises whether previous punishment may be considered without any temporal or other limitation, or whether it may even …
Read moreEviction of Property on the Basis of a Notarial Deed with Consent to Direct Enforceability – the Key to Quick and Easy Vacating of Premises by the Tenant?
By its Resolution of the Grand Panel of the Supreme Court of the Czech Republic dated 10 April 2024, Ref. No. 31 Cdo 225/2024-543 (the “Resolution”), the Supreme Court departed from its earlier strict case law[1] and restored legal certainty and, at least among part of the professional public, the desired state of affairs regarding …
Read moreSilence Does Not Constitute a Refusal: On the Preclusion of a Shareholder’s Right to Information
A shareholder’s right to information in a limited liability company is one of the fundamental rights arising from their participation in the company. Pursuant to Section 155 of Act No. 90/2012 Coll., on Commercial Companies and Cooperatives, as amended (hereinafter the “BCA”), a shareholder may request information about the company from the managing directors, inspect …
Read moreStatute of Limitations for Claims Whose Due Date Depends on the Creditor’s Discretion: The Supreme Court’s Return to a Rational Interpretation of When the Statute of Limitations Begins to Run
In its judgment from 24 June 2026, Case No. 23 Cdo 2613/2025 (hereinafter as the “Decision”), the Supreme Court significantly revised its previous approach to determining the commencement of the statute of limitations for rights to contractual performance, the due date of which is, according to the parties’ agreement, left to the creditor’s discretion. It …
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