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  • Legislation Accompanying the New Civil Code

    29. 10. 2013

    Private law recodification is often understood as equaling the new Civil Code. Even though the new Civil Code stands in its very center, there are two related pieces of legislation which must not be overlooked, namely the Act on Companies and Cooperatives, known as the Act on Corporations, and the Act on International Private Law. These two acts are the core of the new private law in the Czech Republic.

    In order to maintain desired continuity and general functionality of the new laws, it proved necessary to adopt additional extensive accompanying legislation in the order of dozens of laws and regulations, to amend applicable legislation and the create technical conditions for the functioning of the new private law in the form of changes in proceedings or registers, etc.

    In spite of the complicated political context, the accompanying legislation has been adopted together with the new Civil Code and should come into force and effect as of January 1, 2014.

    As of today most of the laws for which the Ministry of Justice is primarily responsible have been adopted. Namely, the following acts were published in the Collection of Laws in September:

    • Act on Special Proceedings before Courts
    • Amended Code of Civil Procedure
    • Amended Insolvency Act and the Act on Insolvency Administrators
    • Act on Public Registers of Physical and Legal Persons
    • Accompanying Act amending a total of 71 pieces of legislation in connection with the private law recast

    On the other hand, the draft proposal on the status of public service enterprises was rejected the purpose of which was to enhance transparency of the companies enjoying the status.

    Among significant consequences of the newly adopted accompanying legislation is the exclusion of non-contentious agenda from the scope of the Code of Civil Procedure and its transfer under the Act on Special Proceedings before Courts, which covers also rules for new types of proceedings envisaged primarily by the new Civil Code.

    Among significant consequences of the newly adopted accompanying legislation is the exclusion of non-contentious agenda from the scope of the Code of Civil Procedure and its transfer under the Act on Special Proceedings before Courts, which covers also rules for new types of proceedings envisaged primarily by the new Civil Code.

    A range of changes has been introduced by the Act on Public Registers of Physical and Legal Persons. Key changes are to be brought about by the new Land Registry Act and its accompanying legislation which was published in the Collection of Laws on August 23, 2013 in response to new principles and concepts introduced by the new Civil Code.

    Tax-related legislation in connection with the new Civil Code (Act Amending Tax- Related Legislation in Connection with the Private-Law Recast and Act on Real Estate Acquisition Tax) was adopted by the Senate in the form of legislative measures. These legislative measures will be soon published in the Collection of Laws but if not confirmed at its first session by the Assembly of Deputies formed after the recent elections, they will be deemed revoked.

    Thanks to close contacts and cooperation with the members of the recodification working party, our attorneys have had the possibility to follow closely the proposed legal changes and are ready to provide you with comprehensive legal services.

    For further information, please contact JUDr. Jana Felixová.

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