Law No. 89/2012 Coll. Civil Code

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Law No. 89/2012 Coll. Civil Code

(Valid from January 1, 2014)

89/2012 Coll.

ACT

of 3 February 2012

Civil Code

 

Parliament passed the Act of the Czech Republic:

 

PART ONE

GENERAL

 

TITLE I

SUBJECT AND BASIC PRINCIPLES

 

Part 1

Private law

 

§ 1

 

(1) The provisions of law governing the mutual rights and obligations of the parties as a whole creates a private right. The application of private law is independent of the application of public law.

(2) if not prohibited by law specifically, they can negotiate those rights and obligations, notwithstanding the law, prohibited agreements are in violation of good morals, public order or law regarding the status of persons, including the right to privacy.

 

§ 2

 

(1) Each provision of private law can be understood only in accordance with the Charter of Fundamental Rights and Freedoms and the constitutional order at all, the principles that underlie the law, as well as constant attention to the values ​​which it protects. Breaks to the interpretation of individual provisions only in his words, with this command, he must retreat.

(2) the statutory provision can not attach a different meaning than what comes from his own words in their sense of mutual respect and a clear intention of the legislature, but one must not rely on words act against his sense.

(3) The interpretation and application of the law must not be contrary to good morals, and must not lead to cruelty or recklessness offensive ordinary human feeling.

 

§ 3

 

(1) Private law protects the dignity and freedom of man and his natural right to marry one's own happiness and the happiness of his family or people close to him in such a way that does not unreasonably harm the other.

(2) Private law is based mainly on the principles that

a) everyone has the right to protect their life and health, as well as freedom, honor, dignity and privacy,

b) family, parenthood and marriage enjoy special legal protection

c) no person shall lack for age, or reason for the dependence of its position suffer unwarranted damage, but no one should also not unduly benefit from their own inability to the detriment of others,

d) the pledge agreement and agrees to be met

e) property right is protected by law and only law may determine how property right arises and ceases, and

f) no one can deny what he rightfully belongs.

(3) private law derives also from other generally recognized principles of justice and law.

 

§ 4

 

(1) It is understood that each person enjoys the full rights to sense the average person the ability to use it with ordinary care and diligence, and that each of her legal transactions can reasonably expect.

(2) When a legal system dependent effect on one's knowledge is meant knowledge of what a reasonable person familiar with the case when knowledgeable consideration of the circumstances, it had to be in her position clear. This applies if the laws of combining a result of the existence of doubt.

 

§ 5

 

(1) Whoever publicly or in contact with another person logs on to a professional performance as a member of a profession or status, it makes clear that it is able to act with knowledge and care that comes with their profession or status of the connection. The case without this specialized care, it goes to its weight.

(2) Against the will of the parties can not challenge the validity of a legal nature or just because he acted the one who does their job required permissions, or to whom the activity is prohibited.

 

§ 6

 

(1) Everyone has the duty to act in legal transactions honestly.

(2) No person may benefit from their dishonest or illegal act. No one may even benefit from the infringement which caused or which it controls.

 

§ 7

 

It is understood that the one who acted in a certain way, acted honestly and in good faith.

§ 8

 

Obvious abuse of rights does not enjoy legal protection.

Part 2

Use the rules of civil

 

§ 9

 

(1) The Civil Code regulates the personal status of individuals.

(2) Private rights and obligations of personal and financial nature are governed by the Civil Code to the extent that they do not is other legislation. The practice can look then invokes the law to them.

 

§ 10

 

(1) If you can not decide a legal case on the basis of an express provision shall be assessed pursuant to the provisions concerning the legal case in terms of content and purpose of the rule under consideration of the case the next.

(2) If no such provision, consider the case on legal principles of justice and principles which underlie this law, so as to arrive at with regard to the habits of private life, taking into account the state of legal doctrine and practice, settled for good decision-making rights organization and obligations.

 

§ 11

 

General provisions on the creation, modification and termination of rights and obligations of the obligations in Part Four of this Act shall apply mutatis mutandis to the creation, modification and termination of other private rights and obligations.

 

Part 3

Privacy Rights

 

§ 12

 

Anyone who feels in his right truncated, it may seek protection in the enforcing authority, public authority (hereinafter referred to as "public authority"). Unless the law stipulates otherwise, the public authority in this court.

§ 13

 

Anyone who seeks legal protection may reasonably expect that his legal case will be decided the same way as any other legal case that has already been decided and who, with his legal cases agree in essential characters, was the legal case decided otherwise, each who is seeking legal protection, the right to a convincing explanation of the reason for the deviation.

 

§ 14

Self-help

 

(1) Anyone can adequately support their right to itself, if jeopardized his right and it is clear that the intervention of public authorities has come too late.

(2) If there is unauthorized interference with the right immediately, it can be anyone who is so threatened, divert effort and resources that the person in his position must appear under the circumstances as appropriate. If directed, self-help only to establish the right which would otherwise be wasted, it must be the one who stepped up to it, go without delay to the competent public authority.

 

TITLE II

PERSONS

 

Part 1

General Provisions

 

§ 15

 

(1) The legal personality is the ability to have law limits the rights and obligations.

(2) the capacity to acquire legal capacity to act with his own legal rights and commit to the duties (legal act).

 

§ 16

 

Legal personality or incapacitation could never surrender or in part; to do so is to disregard it.

 

§ 17

 

(1) The rights and may exercise only the person. The obligation may only be imposed only against the person and the fulfillment of obligations can be enforced.

(2) if someone will set up right or imposes a duty to do what the person is not added to the right or obligation to the person who by nature of the legal case belongs.

 

§ 18

 

A person's physical or legal.

 

§ 19

 

(1) Every person has innate, already feeling the very reason and knowable natural law and therefore is considered a person. The law only limits the application of man's natural rights and their protection.

(2) Natural rights associated with the personality of man can not steal them and not give up, if it becomes so, account shall be taken to it. Account shall be taken to limit these rights to an extent contrary to law, morality or public order.

 

§ 20

 

(1) A legal entity is organized by the department, which the law provides that a legal person or a legal personality recognized by law. A legal person may, without regard to the scope of its activities have the rights and obligations which are combined with its legal character.

(2) Legal persons governed by public law subject to the laws, which were established according to the provisions of this Act shall apply only when combining it with the legal nature of these people.

 

§ 21

 

The state of private law shall be deemed a legal person. Another piece of legislation sets out how the state law is.

 

§ 22

 

(1) A person is a close relative in the direct line, sibling and spouse or partner under any other law regulating registered partnership (hereinafter referred to as "partner") to other persons in a family or similar persons are considered to be close to each other, if the injury suffered one of them, the other reason she felt like her own harm. It is understood that the parties are close sešvagřené person or persons who live together permanently.

(2) When provided by law for the protection of third parties, special conditions or restrictions on transfers of property, for its load, or recourse to the use of another person close to, the following conditions and limitations for similar legal negotiations between the legal person and a member of its statutory authority or by a legal person who significantly affects the member or as an agreement or other means.

 

Part 2

Individuals

 

Section 1

General Provisions

 

§ 23

 

A person has a legal personality from birth to death.

 

§ 24

 

Each person is responsible for their actions, if it is able to assess and control. Who will lead them to their own fault condition in which it would otherwise be responsible for their actions was not responsible for the actions taken in this state.

§ 25

 

The conceived child are viewed as already born when it suits its interests. It is believed that the child was born alive. If born alive, however, looking at them as though they had not.

 

§ 26

Proof of death

 

(1) Death of man shall be demonstrated by deeds after seeing a dead body in the manner.

(2) If you can not see the dead body prescribed manner, declare a person dead of its own motion the court if a person has been covered by such an event, that his death under the circumstances seems certain. The decision shall specify the court date to pay for the day of death.

 

§ 27

 

Depends if the legal consequence of the fact that a man survived another human being, and it is not certain which of them died first, it is understood that all died at once.

 

§ 28

 

(1) If known, where the man died, it is considered that this was where his body was found.

(2) The place where the dead man declared dead, this is true, he stayed where he was last alive.

 

§ 29

Changing gender

 

(1) man sex change surgery occurs while blocking the conversion of reproductive function and sexual organs. It is understood that changes sex on the day specified in the certificate issued by the provider of health services.

(2) Changing gender does not affect the personal status of a person or to his personal and financial status, marriage or registered partnership shall cease to exist. The obligations and rights of men and women whose marriages have disappeared, a common child and their property rights and obligations in the period after the dissolution of marriage shall apply mutatis mutandis to the rights and obligations of divorced parents of a child and their property rights and obligations at the time of the divorce, court decide, even without the proposal, how each of the parents of the future common child care.

 

§ 30

Majority

 

(1) Fully svéprávným you become a majority. Reaching the age of majority is acquired by age eighteen.

(2) Before the acquisition of full legal age shall return incapacitation incapacitation, or marriage. Legal capacity acquired by marriage is lost or dissolution of marriage or marriage annulment.

 

Minors

§ 31

 

It is understood that any minor who has not acquired full incapacitation shall be entitled to legal actions as appropriate to the nature of the intellectual and volitional maturity of the minor's age.

 

§ 32

 

(1) Awarded the legal guardian if a minor who has not acquired full incapacitation, in accordance with the practices of private life, consent to a particular legal act or to accomplish a specific purpose, a minor can consent themselves within the legal act, unless specifically prohibited by law, consent can then be reduced and withdrawn.

(2) If more legal representatives, it is sufficient to show if a third party will at least one of them. But the case against the other person more representatives together and disagree if you are not taken to address any of them.

 

§ 33

 

(1) If the legal guardian of a minor who has not acquired full incapacitation, approval to operate a separate business establishment or other similar employment, becomes eligible for minor acts that are associated with this activity. The validity of the consent requires the consent judgment.

(2) is replaced by court consent for a certain age, if determined to perform some other employment legislation.

(3) The consent may revoke the legal representative only with the consent of the court.

 

§ 34

 

Dependent child labor are younger than fifteen years old or minors who have not completed their compulsory school attendance is prohibited. These minors may perform only artistic, cultural, sporting or advertising activities under the conditions set by other legislation.

 

§ 35

 

(1) A minor who has attained fifteen years and completed their compulsory school attendance, may undertake to perform dependent work under other legislation.

(2) The legal guardian of a minor who has not attained the age of sixteen years, may terminate his employment or contract of employment between an employee and founding a similar commitment by the employer, if necessary in the interest of education, health, development or minor in the manner prescribed by another law.

 

§ 36

 

A minor who has not acquired full incapacitation is not never, no matter the content of other provisions, the capacity to act independently in these matters, which would also need a legal representative of a consent judgment.

 

§ 37

Award of incapacitation

 

(1) proposes a minor who is not fully enjoys the full rights to his court granted legal capacity, the proposal complies with the court if the minor has attained the age of sixteen years if certified by its ability to feed themselves and get their affairs and if the legal guardian agrees minor. In other cases, the court complies with the proposal if it serious reasons in the interest of the minor.

(2) Subject to paragraph 1, the court granted a minor legal capacity and the proposal's legal guardian if the minor consents to the proposal.

 

Section 2

Support measures to undermine the capacity

legally an adult one ton

 

Preliminary Statement

§ 38

 

In anticipation of its own incapacity to act can legally express the will of man, that his affairs were managed in a certain way, or in order to manage a person or a person to become his guardian.

 

§ 39

 

(1) If the declaration has the form of a public document, it must be done by a private deed dated and confirmed by two witnesses, give witness about myself in the confirmation of data by which it can be determined.

(2) Witnesses may be just the person that the statement and its contents are not interested and are not blind, deaf, dumb or ignorant of the language in which the declaration is made. Witnesses must sign the statement and be able to confirm the ability to act and declaring that the contents of his statement.

(3) If the content of the declaration acquired a public document specifying who is to become the guardian, the person who wrote a public document, written information about who issued the statement, who is called a guardian, and who wrote a public deed, into non-public list maintained by under another law.

 

§ 40

 

(1) If the declaration does blind, or a person who can not or can not read or write, it must be read aloud witness statement, that statement did not write. Blind, or a person who can not or can not read or write, before witnesses confirm that the document contains the true will.

(2) If the declaration does a person with sensory impairments who can not read or write, it must be translated content of the instrument of communication in such a way that it chose, and this witness, who did not write the statement, all witnesses must control the way communication, which is the content documents translated. Who makes a statement, confirming the presence of witnesses chosen way communication, the list includes his true will.

 

§ 41

 

(1) An explicit statement of appeal is required to indicate their wishes made in the form prescribed in § 39 paragraph 1

(2) destroy the deed stating the person who has made it to the effects of withdrawal.

 

§ 42

 

If a declaration, other than calling the matter a guardian and if the effectiveness of the declaration subject to the condition decides the condition of the court.

 

§ 43

 

A change in circumstances apparently so significantly, that a man who declarer would have done under such circumstances would make them or with other content, the court prohlášení amended or repealed if the other person who declarer threatened serious harm. Before issuing the ruling, the court shall make reasonable efforts to ascertain the view of man, for which the declaration decision, even using such a method of communication that a person chooses.

§ 44

 

If the declaration is invalid or its appeal, the court shall take account of them, unless cause to doubt the will of Him who made them.

 

Assist in decision making

§ 45

 

If a person needs help in decision making, because in his mental disorder that causes difficulties, though not be limited in incapacitation, he can negotiate with the proponent of providing support, proponents may be more.

 

§ 46

 

(1) of the Treaty undertakes to assist the proponent supported, that it will present at the consent of his legal proceedings, that he will have the necessary information and communication, and that he will be assisted by councils.

(2) The contract shall become effective on the date of approval by the court. If the contract is concluded in written form, required that the parties will enter into a contract to take effect before the court. The court does not approve the contract, contrary to the interests of the proponent of interests supported.

 

§ 47

 

(1) A proponent must not jeopardize the interests supported by improper influence, or are gratuitously supported at the expense of profit.

(2) A proponent shall proceed to carry out their duties in accordance with decisions supported. If it is legally supported in writing, a proponent may add his signature to indicate its function, possibly with an indication of the support which they provided supported; proponent has the right to argue invalidity of legal proceedings supported.

 

§ 48

 

The proposal supported by the proponent or proponents of court appeals, appeals court him, even if the proponent of a serious breach of its obligations, even without a petition.

 

Representation of a household member

§ 49

 

(1) Does the zletilému mental disorder that has no other representative, in a legal act, it can represent its descendant, ancestor, sibling, spouse or partner, or a person who is represented lived before the emergence of representation in the same household for at least three years.

(2) The representative can be represented by the note that will represent him, and he clearly explains the nature and consequences of representation. Refusal of the man who should be represented, the representation does not arise; sufficient capacity to refuse a wish.

 

§ 50

 

The representation of the required court approval. Before issuing the ruling, the court shall make reasonable efforts to ascertain the view represented, even using such a method of communication, which represented a choice.

 

§ 51

 

Deputy's concern to protect the interests represented the fulfillment of their rights and also the fact that the way his life was not in conflict with his abilities and that, if this is not reasonably disagree, and meet specific wishes and ideas represented.

 

§ 52

 

(1) Representation shall apply to ordinary business, as it corresponds to the circumstances of life represented. The representative is not entitled to give consent to the intervention in mental or physical integrity of a person with permanent consequences.

(2) The representative may dispose of revenue represented to the extent necessary for the provision of normal matter, as it corresponds to the circumstances of life represented, with funds in the account may dispose represented only to the extent not exceeding the amount of monthly subsistence individual under other legislation.

 

§ 53

 

In order to include more representatives, it is sufficient if it is one of them. But the case against the other person more representatives together and disagree if you are not taken to address any of them.

 

§ 54

 

(1) Representation shall be forfeited if the agent renounces it or, if represented by refusing to represent him as a representative, it is sufficient to reject the ability to make a wish. Representation also terminated if the court appoints a guardian represented.

(2) If a contract to assist in determining effective representation terminates the contract in so far as is represented by a legally qualified to act.

 

Limitation of incapacitation

§ 55

 

(1) Limitation of incapacitation may be made only in the interests of man, which concerned, after his views and with full recognition of his rights and his personal uniqueness. It must be carefully taken into account the extent and degree of disability a person to take care of their own affairs.

(2) Limit the legal capacity of man can only be threatened if he would otherwise not be enough and serious harm to its interests due to the milder and less restrictive measures.

§ 56

 

(1) Limit the legal capacity of man can only court.

(2) The court shall make reasonable efforts to ascertain the view of man, whose incapacitation decisions, even using such a method of communication that a person chooses.

 

§ 57

 

(1) The court may restrict the legal capacity of man to the extent to which a person is not a mental disorder that is only temporary, legally unable to act, and shall specify the extent to which the eligibility of a person legally own one ton limit.

(2) If a person has difficulty communicating, it's not in itself a reason to limit the incapacitation.

 

§ 58

 

The court may, within the restrictions incapacitation entrust a third party to perform certain individual legal act or property management, if necessary, to prevent serious injury.

 

§ 59

 

The court may restrict the legal capacity in connection with the subject matter for the time necessary for its execution, or otherwise designated for some time, but no longer than three years, the legal effects of the expiry of limitation expire. The initiation is in this time of a time limit extension, lasting legal effects of the original decision to issue a new decision, no longer than one year.

 

§ 60

 

A change in circumstances, the court of its decision to amend or revoke immediately, even without a petition.

 

§ 61

 

If the court decides to reduce human incapacitation, the person of his occupation as a guardian to propose that the appointed guardian, if the proposal does not, the court found her opinion. If this person is eligible for guardianship, the court's agreement, it shall appoint a guardian.

 

§ 62

 

The decision to limit the incapacitation person appointed by the court guardian. When selecting a guardian court to take into account the wishes of the ward, to his people need incentives as well as the nearby ward, to watch his favor, and makes sure that the guardian did not establish confidence in selecting the ward guardian.

 

§ 63

 

Guardian can not appoint a person to act or legally incompetent person whose interests are contrary to the interests of the ward, or facility operator, guardianship where he resides or which provides services, or a person dependent on such devices.

 

§ 64

 

The decision to limit the rights of incapacitation does not relieve a person legally own act in ordinary matters of everyday life.

 

§ 65

 

(1) If the guardianship was acting alone, although he could not act without a guardian, the legal act can be declared invalid only if he has suffered. If, however, is sufficient to correct only the change of scope opatrovancových duties, the court will do so without being bound by the parties'.

(2) If the guardianship was acting alone, although he could not act without a guardian, it is opatrovancovo act as valid if the guardian is approved. This is true even if such a legal act approved by acting alone after incapacitation has acquired.

 

Section 3

Nezvěstnost

 

§ 66

 

(1) The court may declare the missing svéprávného man who left his residence, gave a report on its own and not known about him, where he resides. The court stated in the decision day effects occurred nezvěstnosti statement.

(2) declared missing in the proposal can become a person who has legal on it, especially a spouse or other loved one, co-owner, employer or corporation to which this man has a presence.

§ 67

 

(1) In assessing the conduct which is otherwise required approval, consent, submission, or other voice of the people declared missing, the need for this account, although this does not apply if it is a matter of personal status. Who is, touching the matter missing, it must do so with regard to its interests.

(2) The legal act occurred without consent or other expression of will necessary missing after leaving his residence, but before it was declared as missing, although this statement was designed without unnecessary delay, be treated as made at the meeting with condition precedent of the decision, which was declared missing.

 

§ 68

 

Returns if a person declared missing or designate an administrator of his fortune, loses declared missing effects. Statement and the date of lapse, which pays for the day of death missing.

 

§ 69

 

Who was declared missing, can not argue invalidity or ineffectiveness of legal actions taken in his absence, which occurred as the effects of such a statement to that when they did not require expression of his will.

 

§ 70

 

If declared a missing person who set up the administrator of his property, but does affect the rights and obligations established by the administrator. This does not apply if the controller is not known, refuses to act in the interest of missing, its meetings in the interest of missing neglects or act is not appropriate.

 

Section 4

Presumption of death

 

§ 71

 

(1) At the request of the person on it has a legal interest, the court shall declare a dead man, which they may reasonably consider that the died, and shall determine the date, which is considered the day of his death.

(2) A person who has been declared dead, is considered as having died. Statement husband dead on the dissolution of marriage, which is considered the day of his death, the same applies on registered partnership.

 

§ 72

 

If a person has been declared missing, resulting from circumstances where serious doubts whether it is still alive, though his death is not in doubt, the court declared him dead on the proposal of the person on it has a legal interest, and shall determine the date that missing apparently survived. It is thought that this day is the day of death missing.

 

§ 73

 

A man who was declared missing, can be declared dead soon after five years counted from the end of the year in which the statement was missing. But it can not do, however, if during this period, the report from which it can be inferred that the missing are still alive. In this case the procedure under § 74 or 75

 

§ 74

 

(1) A person who is still missing the fact that he left his home did not report on their own and not known about him, where he resides, but has not been declared as missing, may be declared dead soon after the expiry of seven years from the end of the year which appeared last report, from which it can be assumed that he was still alive.

(2) A person who became an absent person before the age of eighteen years of age can not be declared dead before the end of the year in which twenty-five years elapsed since his birth.

 

§ 75

 

A man who became absent person as a participant in an event that saw the loss of life greater number of persons can be declared dead soon after three years from the end of the year in which she appeared last report, from which it can be concluded that in the course of these events still alive.

 

§ 76

 

(1) If a person was declared dead, it does not exclude evidence that he died sooner or later, or that is still alive. If it is to be alive, to the declaration of death shall be disregarded; marriage or registered partnership but not renewed.

(2) If made false proof of death, paragraph 1 shall apply mutatis mutandis.

 

Section 5

Name and address of the person

 

Name of man and its protection

§ 77

 

(1) Name of man is his personal name and surname, or his other name and maiden name, which by law belong to him. Everyone has the right to use his name in legal transactions, as well as the right to protect their name and the respect for him.

(2) A person who uses a legal contact name other than their own mistakes and bear the consequences of which forms of damage incurred.

 

§ 78

 

(1) A person affected by a questioning of their right to a name or has suffered damage for unauthorized interference with this law, including unauthorized use of names, can claim to be dropped from unauthorized interference or to remove its effect.

(2) If the question is absent, or if missing, can not legally incompetent, or if any other cause to exercise the right to protect their own names, he can apply his spouse, descendant, ancestor or partner, unless the, although it enjoys the full rights given explicitly clear that it wants.

(3) Where an encroachment surname and if the reason for it consists in an important interest in protecting the family, may seek the protection of individually spouse or other person concerned close, although their rights to the name was not directly affected.

 

§ 79

Pseudonym

 

(1) One can study for a business or private contact for all to take a pseudonym. Legal proceedings under the pseudonym does not prejudice the validity, it is clear who acted, and not the other party have a doubt about the person acting.

(2) Fits the pseudonym known to enjoy the same protection as the name.

 

§ 80

Residence

 

(1) A person residing in the place where he resides with the intention to live there, subject to constantly changing circumstances, such intent may arise from the Declaration or the circumstances of the case. If a person states his residence as a place other than his actual place of residence may also call each of his actual residence. Against a person who in good faith invoked by that point, one can not argue that his actual residence is in another place.

(2) If a person does not reside, it is for them a place where he lives. If you can not find such a place, or if it can be ascertained only with disproportionate difficulties, it is considered a person of residence where the property or place of residence where he had last time.

 

Section 6

Personality

 

Subsection 1

General Provisions

 

§ 81

 

(1) Protected the human personality, including all his natural rights. Everyone is obliged to respect the free decision of man to live on his own.

(2) The protection of life and especially enjoy the dignity of man, his health and to live in a supportive environment, his esteem, honor, privacy and personal nature of his speeches.

 

§ 82

 

(1) A person whose personality has been affected has the right to claim that it was dropped from unauthorized interference or to remove its effect.

(2) After the death of a person may seek protection of his person any of the persons close to him.

 

§ 83

 

(1) relates to unauthorized interference with the human personality with its activities in a legal person, the right to protect his personal use and such person, during his life but only his name and with his consent. If one is able to express the will of the absence or incapacity of judgment, consent is not required.

(2) After the death of a person with a legal person may claim that an unauthorized action was dropped, and to eliminate its consequences.

 

Subsection 2

Form and privacy

 

§ 84

 

Capture the human form in any way so that as shown to determine his identity, is possible only with his permission.

 

§ 85

 

(1) Expanding the human form is possible only with his permission.

(2) If someone agrees to display their image in the circumstances of which it is clear that the dissemination, the consents as well as its reproduction and distribution in the usual way, as he could under the circumstances reasonably be expected.

 

§ 86

 

No person shall interfere with the privacy of another, unless a legitimate reason to. In particular, can disrupt a person without the consent of his private space, to pursue his private life or take about an audio or video recording, or otherwise use such recordings made on the private life of man a third party, or such records of his private life spread. In the same range are protected and private documents of a personal nature.

 

§ 87

 

(1) Who gave permission to use documents of a personal nature, portraits, or audio or video recording or a person related to the manifestations of a personal nature, may withdraw consent, even if granted for a specified period.

(2) If permission was granted for a time be withdrawn without a substantial change in circumstances warrants or other reasonable cause, replace the appellant suffered damage from the person who granted permission.

 

§ 88

 

(1) Consent is not required if the portrait or sound or video recording purchases or apply for the exercise or defense of other rights or legally protected interests of other persons.

(2) Consent is not necessary even if, when the portrait, the document of a personal nature or sound or video recording or apply to purchases by law for official purpose or in case anyone publicly heard in matters of public interest.

 

§ 89

 

Portrait or audio or visual recording without consent may also take a person or reasonably used also for scientific or artistic purposes and for print, radio, television or similar coverage.

 

§ 90

 

The legal ground for invasion of privacy or another to use his likeness, the documents of a personal nature or sound or video recording must not be used unreasonably conflict with the legitimate interests of the man.

 

Subsection 3

The right to mental and physical integrity

 

§ 91

 

Man is untouchable.

 

§ 92

 

(1) The human body is under the legal protection after the death of a man. Dispose of human remains and human remains undignified way for the deceased is prohibited.

(2) If human remains deposited in a public cemetery, the issue of their right to the person before his death, a person specifically designated, otherwise gradually his spouse, child or parent, and if any of them or refuse to take the remains , assumes is his heir.

 

The interference with the integrity

§ 93

 

(1) In addition to established case law, no person shall interfere with the integrity of another person without his consent granted with the knowledge of the nature of the intervention and its possible consequences. If one agrees that it caused serious injury to the account, this does not apply if the action under all conditions necessary in the interest of the life or health.

(2) The legal guardian can give consent to the intervention in the integrity of the principal, if the direct benefit of the person who is unable to give consent themselves.

 

§ 94

 

(1) Who wants to perform surgery on another man, he clearly explains the nature of this procedure. The explanation is made properly it can be reasonably assumed that the other party to understand the manner and purpose of the procedure, including the expected effects and possible danger to your health, and whether eligible or a different procedure.

(2) If permission is granted for another of his legal guardian, give explanations and to those who should be subjected to the procedure, if capable of judgment, in a manner appropriate explanation of the ability to understand.

 

§ 95

 

A minor who is not fully enjoys the full rights in the common affairs give consent to treatment on his own body also, if appropriate intellectual and volitional maturity of his age and minors in the case of non-marking procedure lasting or severe effects.

 

§ 96

 

(1) Consent to intervene in the integrity must be in writing if it is to be separated by a body part that has been restored.

(2) requires a written form of consent to

a) attempt at a medical man, or

b) procedure, which requires human health, this does not apply in the case of cosmetic surgery or non-marking sustained serious consequences.

 

§ 97

 

(1) The grant agreement may be revoked in any form, even if the consent be in writing.

(2) Unless required for the consent in writing, shall be deemed to have been granted. In the uncertainty whether the consent was revoked in other than written form, it is considered that the withdrawal occurred.

 

§ 98

 

(1) If a person is unable to give consent for the inability to show the will, even if only temporary, and if no legal guardian consent is required to be present spouse, parents or other relatives. If present, none of these persons, the approval of the husband, and if not, the consent of parents or other relatives if they can be easily identified and contacted, and if it is clear that there is no danger of default. If you can not obtain the consent of any of the above may consent another person present, by the person who witnesses an extraordinary interest.

(2) The procedure for approval and taking into account the previously expressed wishes known a man whose integrity has to be affected.

 

§ 99

 

If a man's life in a sudden and appreciable danger and can not consent in an emergency or get in other than fixed form, can intervene immediately if it is for the health of the person concerned is necessary.

 

§ 100

 

(1) To be affected by the integrity of a minor who has attained fourteen years, regained full incapacitation and which seriously contradicts procedure, although the legal representative agrees to an intervention, intervention can not be made without the consent of the court. This is true even if the execution procedure on an adult person who is not fully enjoys the full rights.

(2) does not agree to the legal representative of interfering with the integrity of the persons referred to in paragraph 1, although it wants the person can perform surgery on the proposal or the proposal of the person close to her only with the consent of the court.

 

§ 101

 

To be affected by the judgment, integrity unable intestinal manner permanent, irreversible and serious consequences associated with or as a serious danger to his life or health, surgery may be done only with the consent of the court. This does not affect the provisions of § 99th

 

§ 102

 

Court consent unto the procedure under § 100 or 101, if the person according to the benefit of reasonable discretion, after seeing her with full recognition of her personality.

 

§ 103

 

If there was affected by the integrity of a man who was in a state where he could not judge what was happening to him, and gave himself to consent to treatment, he must be as soon as his condition allows, explained in a way which will be able to understand what procedure was performed on him, and be informed of its possible consequences as well as the risk of non-intervention.

 

Subsection 4

The Rights of Man and listed in the medical device

without his consent

 

§ 104

 

Take a person without his consent to a facility providing health care or him there without his consent can only hold on the ground provided by law and provided that the necessary care to ensure the person can not be milder and less restrictive measures. Seeking restrictions incapacitation does not in itself a reason for a person without his consent to such a device is found or held there.

§ 105

 

(1) If a person is taken to a facility providing health care or if it held, it shall notify its legal representative, guardian or spouse, and his supporters, or other person close immediately known provider of health services; notification spouse or other close person, however, do not, unless it was prohibited.

(2) Taking into human health care facility providing health care services provider shall notify the court 24 hours, this applies even if the person detained in such facilities. The court decides on arrangements made within seven days.

 

§ 106

 

(1) The provider of health services shall ensure that a person taken over to a facility providing health care or boarded in such devices obtained without undue delay a proper explanation of its legal status, because of legal action taken and the possibility of legal protection, including the right to choose an agent or trustee.

(2) Explanation shall be submitted to him man enough to understand and realize the nature of the action taken and its consequences, if such a person the legal representative, guardian or proponent shall submit an explanation without undue delay, also to him.

 

§ 107

 

(1) If one agent or trustee, shall notify the provider of health services made by agents or confidant measures without delay after learning of them.

(2) The trustee may apply for the benefit of all humans in his own name his rights arising in connection with his acceptance into the facility or his holdings in such facilities. The same rights as the confidant and supporter.

 

§ 108

 

Who was in the facility providing health care or who is taken in it held, has the right to negotiate with his agent, confidant and supporter of their own affairs in person and without the presence of third parties.

 

§ 109

 

(1) A person taken to a facility providing health care or held in such a facility is entitled to his health condition, medical records or statements about the inability of the doctor's judgment and make wishes physician independently reviewed the independent medical service providers in this facility and its operator . The same law also has a fiduciary or proponent.

(2) If the law applied to the examination before the court decides in accordance with § 105, paragraph 2, shall be given his performance so that the court could evaluate the results of the review proceedings on the admissibility of the action taken.

 

§ 110

 

If the court ruled on the admissibility of measures taken, approved by the forced stay in a facility providing health care, however neodnímá right to refuse a particular treatment or therapeutic performance.

 

Subsection 5

Dealing with human body parts

 

§ 111

 

(1) A person who has been deprived of part of the body has a right to know how it was loaded. Withdrawn to deal with human body parts for humans undignified manner or in a manner endangering the public health is prohibited.

(2) are removed from the body of a man in his lifetime can be used for medical purposes, or scientific research, have given consent. The use of human body parts have been removed for the purpose of the unusual nature requires the express consent of all times.

(3) about what has its origin in the human body, mutatis mutandis, what about the parts of human body.

 

§ 112

 

One can leave part of your body to another only under conditions set by other legislation. This is not the case with a similar hair or body parts that can be painlessly removed without anesthesia, which is naturally restored, you can leave the other as a reward and it shall be regarded as a movable thing.

 

Subsection 6

Protection of human body after death of man

 

§ 113

 

(1) A person has the right to decide how it will be dealt with after his death with his body.

(2) Perform an autopsy on the body or use a dead man for the needs of medical science, research or educational purposes without the consent of the deceased can be only if so provided by other law.

 

§ 114

 

(1) A person is entitled to decide what has to have a funeral. Leave the decision about the explicit, decide the deceased husband's funeral, and if not him, the deceased children, if not them, then the parents and decide if there are, the deceased siblings, if they do not live, then choose their children and if not them, then any of the next of kin, if not none of these people, then decides the municipality in whose territory a person died.

(2) costs of funeral and burial arrangements shall be paid from the estate. If the estate is insufficient to cover the funeral costs of the way, what the deceased wanted to be buried at least a decent manner according to local custom.

(3) Other legal regulation stipulates how and at whose cost will be buried man whose estate to cover funeral expenses and not enough unless one is willing to pay funeral costs voluntarily.

 

§ 115

 

If a person dies without apparent consent to autopsy or by using your body after death, manner pursuant to § 113, applies that to carry out autopsies or such use of his body disagrees.

 

§ 116

 

Who agrees that after his death, his body anatomy, or a use according to § 113, writes an opinion in the register maintained under another law, this agreement is reflected in public documents, or to the provider of health services providers to this effect.

 

§ 117

 

Consent to autopsy or by using your body after death for the needs of medical science, research or educational purposes may be appealed. Revoke the consent of a person in a medical facility, a statement may do so in writing.

 

Part 3

Legal entities

 

Section 1

General Provisions

 

§ 118

 

A legal entity with legal personality from its inception to its demise.

 

§ 119

 

Legal persons must maintain reliable records of their financial circumstances, even if they are not obliged to keep accounts under other legislation.

 

Public Register of Legal Entities

§ 120

 

(1) The public register is a legal person writes at least one day of its establishment, the date of cancellation, stating the legal grounds and the day of her disappearance, as well as the name, business address and business activities, the name and residence address of each member of the Board together including the manner in which this body represents a legal entity, and data on the incorporation date or termination of their functions.

(2) Other law provides what the public registers of legal entities legal entity entered into them and how, or other information to them on legal persons registered, and both of them deleted, or whether it is part of public records collection of documents. Public registers of legal entities are accessible to everyone, everyone can look into them and make notes on them, or copies of copies.

(3) a change in fact registered, notify the registered person or the person who is required by law, change without delay to the person who leads a public register, and that this change in the public register without undue delay registration.

 

§ 121

 

(1) A person who is legally důvěřujíc data entered on the public register, not the person whose registration is concerned, the right to say that registration is not true.

(2) If a written statement published in the public register, can not nobody after fifteen days from the publication of the call that the published data could not know. Does not correspond to published data as recorded data can not be the one to whom the data relates to another person call the published data, however, if he proves that it was written in the known data may argue against it, that the published data is not registered.

 

The establishment and the creation of legal entities

§ 122

 

Legal persons can establish the founding legal act, law, public authority decision or otherwise, which provides another piece of legislation.

 

§ 123

 

(1) founding legal act determines at least the name, address legal entities, objects, what is the legal entity statutory body and how it is created, unless the law directly. Determine also who are the first board members.

(2) For the founding legal act must be in writing.

 

§ 124

 

Unless if it is at what time the legal person constituted, are to be established for an indefinite period.

 

§ 125

 

(1) more founders establishing a legal entity by adopting statutes or concluding a contract.

(2) The Act specifies in which cases can be a legal entity set up by the legal acts of a person contained in the Memorandum of Association.

 

§ 126

 

(1) A legal entity created by entry in a public register.

(2) If a legal entity established by law, there is the date of its effectiveness, unless the law specifies a later date.

(3) The law provides for other cases in which registration is not required in the public register of the entity. The Act stipulates in which cases to establish or to the creation of legal entities required public authority's decision.

 

§ 127

 

For a legal person may act on its behalf before its start. Who is this, this meeting is entitled and obliged himself, in the case several persons are entitled to and be bound jointly and severally. A legal entity may conduct these effects for themselves within three months from its inception to take over. In this case, it is entitled to these negotiations, and committed from the beginning. If it takes over, gives other interested know that it has done so.

 

§ 128

 

After the establishment of a legal person can not be sought to establish that there was, and therefore can not cancel its registration in a public register.

 

§ 129

 

(1) The Court shall declare a legal entity after its inception, void of its own motion, if

a) legal proceedings founder missing

b) Memorandum of legal negotiations, the essential requirement for the legal existence of a legal person,

c) all acts contrary to the founders of § 145 or

d) a legal person established less people than to do so by law required.

(2) The date on which the legal person is declared invalid, it shall enter into liquidation.

 

§ 130

 

Prior to a decision under § 129 the court shall give a legal entity reasonable time to remedy, if it is a defect that can be removed.

 

§ 131

 

Declaration of invalidity of the legal person does not affect the rights and obligations, which acquired.

 

Name

§ 132

 

(1) On behalf of the legal entity is its name.

(2) Name of legal entity must be distinguished from another person and indicate its legal form. The name can not be deceptive.

 

§ 133

 

(1) The name can contain the name of the person to which the legal entity has a special relationship. If a person is alive, you can use his name in the name of the entity only with his consent, if he died without having given consent requires the consent of his spouse, and if not, the consent of an adult child, and unless he consent ancestor.

(2) If the name of the entity and the name used when the reason for it consists in an important interest in protecting the family, the § 78 paragraph 3 accordingly.

(3) Who has the right to give consent to the use of names of people in the name of the entity has the right to revoke it at any time, even though it granted to a specified period if it has been agreed otherwise, be taken into account to justify the withdrawal of consent substantial change in circumstances or other good cause. If consent was granted for a time suspended, without a material change of circumstances warrants, or other reasonable cause, replacing invoking a legal entity of the damage caused.

 

§ 134

 

(1) Name of legal entity may contain a distinctive element of the name of another legal entity, if the reason for it in their mutual relationship. In this case, the public must be able to sufficiently distinguish both names.

(2) Symptomatic element name of another legal entity name can not be used without her consent. The provisions of § 133, paragraph 3 shall apply mutatis mutandis.

 

§ 135

 

(1) A legal person who was affected by his right to challenge the title or who has suffered injury to unauthorized interference with that right, or which threatens such harm, especially unauthorized use of the name, can claim to be dropped from unauthorized interference or to be removed its effect.

(2) belong to the same protection against legal person who, without lawful reason, dates back to its reputation or privacy, unless it is a scientific or artistic purposes or for print, radio, television or similar coverage, nor shall such action shall not be inconsistent with legitimate interests of legal persons.

 

§ 136

Seat

 

(1) The establishment of a legal person is determined by its seat. If not disrupt peace and order in the House, the headquarters may be in the apartment.

(2) Write to the legal person in a public register, it is sufficient if the founding legal act the name of the village, which is the seat of a legal entity in the public register, however, a legal person proposes to enter the full address of registered office.

 

§ 137

 

(1) Anyone can call the head office of legal entity.

(2) against a person who invokes the registered office in the public register, a legal person can not argue that it has its registered office in another location.

 

Transfer of registered office

§ 138

 

(1) A legal entity having its registered office abroad, it may transfer its registered office in the Czech Republic. This does not apply if the law does not permit the State where the legal entity has its registered office or as a legal person prohibited by § 145th

(2) A legal person who intends to transfer its headquarters in the Czech Republic, attached to the application for registration in the relevant public register of decisions about what legal form chosen by the Czech legal entities, and founding legal act required by Czech law for this form of legal entity .

(3) internal legal relations of the legal entity after the transfer to the country governed by Czech law. Czech law governing the liability of its members and members of its organs or for the debts of legal entities, if incurred after the effective date of the transfer to the country.

 

§ 139

 

A legal entity that has a seat in the Czech Republic may move their headquarters abroad, if not contrary to public order and if allowed by state law, which has to be the seat of a legal entity transferred.

 

§ 140

 

(1) A legal person who intends to transfer its registered office abroad, to publish this intention with the address of the new headquarters and legal form after the transfer at least three months before the anticipated date of transfer. Creditors have the right to require sufficient security for his debts yet non-mature within two months of publication, if there after the transfer to the deterioration of the collectability of receivables in the Czech Republic.

(2) If no agreement on the manner and extent of ensuring good decision on the detention and trial of its range with regard to the type and amount of the claim. Does not provide security if the legal entity under a court decision, shall be liable for debts that have not been secured, board members, except those who prove that they made sufficient efforts to make the decision has been met.

 

§ 141

 

(1) Members of a legal person to the relocation of headquarters abroad, objected, has the right to terminate membership in a legal entity with effect from the transfer. A member of the legal person at the right of termination settlement, the entity must provide it with the performance later than the effective date of transfer. To fulfill this obligation shall be liable board members.

(2) For debts incurred before the effective date of the transfer, guarantees legal persons and members of its statutory authority as well as before the transfer abroad.

 

§ 142

 

The transfer is effective the date of registration of his address to the relevant public register.

 

§ 143

 

For setting up and moving corporate offices are § 138 to 142 accordingly.

 

The purpose of corporate

§ 144

 

(1) A legal person may establish in the public or private interest. This is considered the nature of the principal activity of legal entities.

(2) The Act provides for purposes to which the legal entity can be established only under specific conditions.

 

§ 145

 

(1) shall be prohibited to establish a legal entity whose purpose is a violation of law or achieve a goal illegally, especially if its purpose

a) the denial or restriction of personal, political or other rights of persons of their nationality, gender, race, origin, political or other opinion, religion and social status,

b) incitement of hatred and intolerance,

c) promotion of violence or

d) control of public authority or public administration without legal authorization.

(2) prohibited to establish a legal entity or the armed forces, unless it is a legal entity established by law, which law or the creation of armed armed forces specifically allows or requires or legal person who uses the weapon in connection with its business by other legislation or a legal person, whose members hold or use guns for sporting or cultural purposes or for hunting or for the performance of duties under other legislation.

 

Public utility

§ 146

 

Public benefit is a legal entity, whose mission is to contribute in accordance with the founding legal act by its own activities to achieve the common good, when deciding on legal persons have a significant effect only blameless person, if the acquired assets from bona fide sources, and if economically used his fortune to publicly beneficial purpose.

 

§ 147

 

Publicly-profit legal person is entitled to register the status of public benefit in a public register if they meet conditions set by other legislation.

 

§ 148

 

If the register in the public status of public utility, it erases the one who leads a public register if the legal person status of public benefit yields, or if the withdrawal of the court. Deletion from the public register of public benefit status expires.

 

§ 149

 

Court to withdraw the status of public utility shall, on application of the person on it has a legal interest, or its own motion if the entity no longer meets the conditions for its acquisition and lack of challenge or the court does not remove within a reasonable time.

 

§ 150

 

Only a legal person, the public benefit status is recorded in the public register has the right to state in its name that the public good.

 

The authorities of legal entities

§ 151

 

(1) The Act provides the legal foundation or negotiations will determine how and to what extent the board members of the legal person for her decisions and replace her will.

(2) bona fide members of the institution legal person is added to a legal person.

 

§ 152

 

(1) A legal entity, created by the authorities of one member (individual) or more members (collective).

(2) An individual who is a member of the legal person, who is the office of elected, appointed or otherwise called (hereinafter "member elected body") must be fully enjoys the full rights. This also applies to a legal representative who is the elected body of the members of another legal entity.

(3) If a legal person, the main activity of minors or persons with limited legal capacity and, if not the main purpose of a legal person enterprise, the founding legal proceedings to determine that an elected member of the collective body of a legal person may be a minor or a person with limited legal capacity .

 

§ 153

 

(1) A person whose decline was witnessed, may become a member of the elected body, if announced in advance to anyone who calls her to function, it does not apply if the termination of the insolvency proceedings have passed at least three years.

(2) If the decline witnessed a person who is a member of an elected body, it shall notify such person without unnecessary delay to the person who called her to function.

(3) If no notice, may demand any person who has the legal interest to a member function of the elected body appealed the court. This is not decided if the person who called body member chosen, after a certificate of bankruptcy of that person know that he remain in office.

 

§ 154

 

A member of the elected body of a legal person or other legal entity shall authorize a natural person to represent it in the body, or a legal person represented by a member of its statutory authority.

 

§ 155

 

(1) If a member elected body called the one who would therefore not eligible under the Act, looks at his profession to a position, as would have happened. If a member loses the elected body for their profession to the position of legal capacity to be a member elected body, its functions shall cease; cessation of a legal person shall, without undue delay.

(2) Search is made to calling people to the office of a member elected body as if it happened, or if the occupation is invalid, it does not affect the rights acquired in good faith.

 

§ 156

 

(1) If a collective body, decides on matters of a legal person in the congregation. It is able to pass resolutions in the presence or participation of other members and the majority of decisions by majority votes of the members.

(2) In cases where individual members of the body is divided according to certain fields, the provisions of paragraph 1 shall not apply. The division does not relieve the other members of the scope of the obligation to oversee how the issues are legal persons managed.

 

§ 157

 

(1) If the decision is taken, recorded at the request of a member elected body that the proposal contradicted his divergent view.

(2) If the proposal is adopted for non-participation of a member, that member is entitled to know its content.

 

§ 158

 

(1) founding legal act may provide for the ability of a quorum, a higher number of attendees, ask for a decision to a higher number of votes or a procedure, which can alter decision-making body.

(2) founding legal act may permit decision-making body outside the meeting in writing or through technical means.

(3) founding legal act can determine that in case of equality of votes in the decision-making body elected by the vote of the legal person presiding.

 

§ 159

 

(1) Whoever welcomes a member elected body agrees that it will perform with the necessary loyalty with the necessary knowledge and care. It is understood that he was acting recklessly, who is the able care and diligence, although it had to find acceptance in the office or in the exercise, and it would not draw the consequences for themselves.

(2) Members elected body functions, personally, this does not preclude any member authorized by the individual case of another member of that authority to him for his absence when they voted.

(3) If a member did not replace the elected body of legal entity damage that it caused the breach in the performance, although he was obliged to replace the damage, the lender a legal person is liable for its debt to the extent that they did not replace the damage, if the lender performance in a legal entity can not be enforced.

 

§ 160

 

If a member resigns elected body statement from his office received a legal person terminates the expiration of two months from the reception of the statement.

 

Acting on behalf of legal person

§ 161

 

Who represents the legal person, demonstrating what entitles him to do, if it does not follow from the circumstances already. Who signs a legal person, its name attached to his signature, or an indication of its function or its working position.

 

§ 162

 

Represents the legal person, a member of its authority under enrolled in a public register, you can not argue that legal entity has not adopted the necessary resolutions, the resolution was invalid, or a member of a resolution adopted by the breach.

 

§ 163

 

Statutory body shall comprise all of the powers the founding legal act, law or public authority's decision entrust to another body of a legal person.

 

§ 164

 

(1) A member of the Board may represent the legal person in all matters.

(2) belongs to the scope of the statutory body to more persons form a collective statutory authority. Unless the founding legal act, as its members represent the legal person does so each member individually. If required by the founding legal action to ensure that board members act together, a member of a legal person represented separately as an agent, but if it was authorized for a particular legal action.

(3) Where a collective entity with statutory authority staff member shall designate one of the statutory authority of the legal actions against employees, otherwise this responsibility exercised by the President of the Board.

 

§ 165

 

(1) has the statutory authority sufficient number of members needed to decide on a proposal called the person who proves a legal interest, absent members on trial for new members before they called the procedure specified in the founding legal act, otherwise the court appoints a guardian legal entity, and even its own motion, at any time about it in their actions known.

(2) The court shall appoint a guardian legal entity, even without a petition, if the interests of a statutory authority to be contrary to the interests of legal entity and has no legal entity to another member body able to represent it.

 

§ 166

 

(1) A legal person representing the employees in the normal range due to their location or function, while the state decides how it appears to the public. What is provided on behalf of an employee of a legal person, shall apply mutatis mutandis to represent a member of the legal person or member of an institution is not on the public register.

(2) Limitation of authority zástupčího internal regulation of a legal person shall have effect against a third party only if it had to be known.

 

§ 167

 

A legal person is obliged offense, in which the performance of their duties committed member chosen institution, or other employee of its representative against a third party.

 

Repeal of legal entities

§ 168

 

(1) A legal person shall be repealed legal acts, the expiry date, by a public authority or achieving the purpose for which it was established, and for other reasons specified by law.

(2) A voluntary winding-up its legal entity decided by the competent authority.

 

§ 169

 

(1) After the abolition of the legal person's liquidation is required, unless all of its assets shall become the legal successor, or be otherwise provided by law.

(2) does not follow the rule of considering the abolition of legal entities, whether the interference with or without liquidation, are to be liquidated.

 

§ 170

 

Who decided to cancel the liquidation of a legal person, may alter the decision, while still not meet the purpose of liquidation.

 

§ 171

 

With the liquidation of the legal entity is deleted

a) expiration of the period for which it was established,

b) attainment of the purpose for which it was founded,

c) the day designated by law or legal act to abolish the legal person, or the date of effectiveness or

d) the date of the decision by a public authority, unless the decision is later.

 

§ 172

 

(1) upon the motion of the person on a legitimate interest, or its own motion, revoke a legal person and shall order its liquidation, if

a) illegal activity develops to such an extent that it seriously disrupts public order,

b) no longer meets the conditions required for the establishment of the entity by law,

c) no more than two years the statutory body able to adopt resolutions or

d) as required by law.

(2) If the law allows the court to cancel because of a legal person, which can be removed before a court decision set a reasonable deadline to remedy deficiencies.

 

§ 173

 

(1) shall be repealed if a legal person when the conversion is hereby repealed without liquidation effective date of conversion.

(2) Where a certificate has been the decline of legal persons shall be deleted without deleting bankruptcy liquidation after the fulfillment of the resolution or cancellation of bankruptcy because the property is totally inadequate, however, enters into liquidation, however, if the insolvency proceedings after some property.

 

Conversion of legal entities

§ 174

 

(1) converting a legal entity of the merger, division and change of legal form.

(2) A legal entity may change its legal form, only when provided by law.

§ 175

 

(1) Who decided to transform the legal entity, the decision to change until the change becomes effective.

(2) When becoming an effective transformation of a legal person can not choose to avoid that, or express an invalid legal act that led to the conversion, and can not cancel the registration of conversion into a public register.

 

§ 176

 

(1) The conversion must be set the record date, by which the acts of dissolving the legal person shall be treated for accounting purposes as being those made on behalf of that entity.

(2) The day preceding the record date shall establish the merging legal person or legal entity divided by splitting the final accounts. The decisive day successor establish a legal person or legal entity divided by splitting the opening balance sheet.

 

§ 177

 

(1) conversion efficiency of a legal person entered in a public register from the date of registration in a public register. In this case, the effective date so that preceded the date of filing the application for registration of conversion into a public register of more than twelve months.

(2) If the person entered in the register in the various districts shall submit the application for registration of conversion in any of them and the public authority shall enter into a public register of all the facts to be recorded on the same day.

 

§ 178

 

(1) The merger is going merger or fusion of two of the participating legal entities. Merger or amalgamation shall be deemed to transfer the activities of the employer.

(2) The merger of at least one of the interested parties shall cease; rights and obligations of the dissolved osob pass to one of the interested parties as to the successor corporation.

(3) The merger shall extinguish all interested parties and in their place, a new legal person as a person acquiring, for her, the rights and obligations of all the acquired entities.

 

§ 179

 

(1) Legal person splitting divides the formation of new legal entities, or distributes, while mergers with other legal entities (hereinafter referred to as "division by acquisition"). A legal person may establish and splitting or combining multiple methods of distribution. Distribution of the merger, divestment and other forms of distribution are considered as transfer of employer activity.

(2) If the division of legal person ceases to be distributed and its rights and obligations are transferred to several corporate successor, then

a) If the division of the acquiring legal person involved as a person existing, it is a splitting of the merger,

b) if the acquiring legal entity until the division result, it is a split in the formation of new legal entities.

(3) The division of a legal entity by splitting the distribution entity does not interfere with, or extinguished, but the allocated portion of its rights and obligations transferred to existing or newly formed successor person.

 

§ 180

 

In the cases referred to in § 179 paragraph 2 or 3, the competent authority of the legal persons who are employees of the acquired legal entity will become employees of various corporate successor.

 

§ 181

 

Merge and split can be legal entities with different legal form only if so provided by law.

 

§ 182

 

Running the transformation of the legal person's assets to the acquiring legal entity and if required under another law of public authority consent to transfer of rights and obligations, such consent is required as well as transformation of legal entities.

 

§ 183

 

(1) A change of legal form shall not cease to disturb or legal person whose legal status is changing, only the Council's legal situation, and if it is a corporation, the legal status of its members.

(2) If the day on which a copy of the draft agreement or the decision to change the legal form of the balance sheet date under any other law, establish a legal entity to this day interim financial statements. The data from which financial statements have been prepared on the day of processing changes of legal form, shall not precede the date of the decision of the legal entity change of legal form more than three months.

 

§ 184

 

(1) The conversion of a legal entity established by law can decide if the law expressly provides.

(2) The transformation of legal persons established by public authority decides that authority.

 

Termination of legal entities

§ 185

 

A legal entity registered in a public register shall expire on the cancellation of a public register.

 

§ 186

 

A legal entity that is not subject to registration in a public register, expires end of the liquidation.

 

Liquidation

§ 187

 

(1) The liquidation of assets of the canceled deal is a legal entity (the essence of liquidation), creditors settle debts and dispose of the net asset balance, which results from liquidation (winding-up the balance), according to law.

(2) A legal person shall enter into liquidation on the date it is revoked or declared invalid. Enter the legal person registered in a public register of liquidation, the liquidator proposed without undue delay entry into liquidation in the public register. During the liquidation of legal entity uses its name followed by "in liquidation".

 

§ 188

 

Enter the legal person's liquidation, it may under no legal act outside the scope provided for in § 196, since they are the entry into liquidation or learned about it when it should and could learn.

 

§ 189

 

(1) When entering into liquidation authorized by the competent authority of the legal person, liquidator, the liquidator may only be qualified to be a member of the Board. Termination of the liquidator before the dissolution of the legal person authorized by the competent authority of a legal person without undue delay of a new liquidator.

(2) If a legal person in liquidation and the liquidator was called in to carry on its scope all board members.

 

§ 190

 

If the liquidation of a legal person summoned several liquidators, form a collective body.

 

§ 191

 

(1) A legal person that has entered into liquidation, was called without the liquidator pursuant to § 189, the court appoints a liquidator, even without a petition. The court appoints a liquidator in the event that he decided to cancel the legal person.

(2) At the request of the person on a legitimate interest, appeals court liquidator who fails to fulfill its duties properly, and appoint a new liquidator.

(3) Unless another proposal submitted or not to grant the petition, the court in the procedure under paragraph 1 or 2 appoint liquidator without the consent of a statutory authority. Such a liquidator can not resign. However, it may request the court to absolve his functions, he proves that he can not be reasonably required to perform the function.

(4) If you can not even appoint a liquidator pursuant to paragraph 3, appointed by the court of the persons included in the list of insolvency administrators.

 

§ 192

 

Liquidator appointed by the court, the liquidator will provide third party assistance to the same extent that they are obliged to provide it to insolvency administrators.

 

§ 193

 

The liquidator is effective statutory body at the moment of his career. For proper performance of the liquidator is responsible as well as a member of the Board.

 

§ 194

 

Only a court may remove a liquidator from office, which functions to named.

 

§ 195

 

Remuneration and its method of payment determined by the liquidator, who called him.

 

§ 196

 

(1) Operation of a liquidator can watch only purpose, which corresponds to the nature and purpose of disposal.

(2) It took the legal person or heritage link with the condition, inclusion of time or order, the liquidator shall comply with these restrictions. However, if the entity has received earmarked funds from public budgets, the liquidator of such funds as decided by the institution which furnished the liquidator proceeds similarly, if the entity received funds earmarked to achieve beneficial public purpose.

 

§ 197

 

The liquidator in the liquidation process will satisfy priority claims by employees, this does not apply if the entity in bankruptcy.

 

§ 198

 

(1) The liquidator shall enter into a legal entity liquidation to all known creditors.

(2) The liquidator shall make available without undue delay, at least twice with at least two weeks apart notification under paragraph 1, together with a call for creditors to register their claims within a period of not less than three months from the second publication.

 

§ 199

 

(1) The liquidator shall establish the date of entry into liquidation legal entity opening balance sheet and an inventory of assets of legal entities.

(2) The liquidator shall pay the costs against the property list each creditor who so requests.

 

§ 200

 

If the liquidator in the liquidation of the legal person is bankrupt, he shall without undue delay insolvency petition unless it is a case under § two hundred and first

 

§ 201

 

(1) If this is the case under § 173, paragraph 2 and the winding nature is not sufficient to meet all debts, the liquidator shall pay the proceeds in the first group of costs of liquidation, the second group of the balance to satisfy employees' claims and then paid in the third group pohledávky other creditors.

(2) If you can not fully settle the claim in the same group, are quite satisfied.

 

§ 202

 

(1) Failing within a reasonable time the liquidation monetize essence, equates liquidator proceeds from the partial costs and claims priority from the first and then the other group, if possible, without prejudice to § 201 paragraph 2 After creditors claims adjuster will offer the third group to take the essence of the liquidation to pay debts.

(2) Failing within a reasonable time to monetize the winding nature or in part, or if they are not part of the proceeds of the claim first and second groups are equalized, the essence of the liquidation the liquidator will offer to take over all creditors.

(3) A creditor who has been offered the essence of liquidation under paragraph 1 or 2 and two months to offer silence, the offer accepted, this effect does not occur if it did not learn about the liquidator in the menu.

 

§ 203

 

(1) Creditors who take the essence of liquidation, each share belongs to the specified proportion of their claims, the rest of their assets disappear.

(2) refuses to participate any of the creditors to take over the liquidation of substance, his claim shall be considered as terminated. This does not apply if it is subsequently found property unknown entity.

 

§ 204

 

(1) Refuse to all creditors to take the essence of the liquidation, winding-pass nature of the legal person on dissolution of the State, the liquidator without undue delay notify the competent authority under another Act.

(2) Notwithstanding § 201 to 203 belong to the creditor, which under the law of another secured creditor, the satisfaction of certainty that its claim was secured. If the secured creditor so fully satisfied in his claim, he belongs in the rest of performance under § 201 to 203rd

 

§ 205

 

(1) When the liquidator completes all of the foregoing disposition or liquidation balance transfer nature of the liquidation under § 202 or § 204 in accordance with the notice, it shall prepare a final report on the liquidation process, indicating at least as loaded with winding nature, and where appropriate proposal the use of liquidation value. On the same date the liquidator shall draw up financial statements. Liquidator to the financial statements attached signature tag.

(2) The final report, a proposal to use liquidation value and financial statements submitted for approval by the liquidator, who called him to function. He who became the receiver under § 189, paragraph 1, shall submit a final report, a proposal to use liquidation value and financial statements to the authority of a legal person who has powers of dismissed it, or scope to control. If no such authority, the liquidator shall submit the following documents and proposals for approval by the court.

(3) deletion of the legal person of public records does not have not been approved by the documents referred to in paragraph 1

 

§ 206

 

(1) are not satisfied until the rights of all creditors, their claims are signed up in time under § 198, be paid in proportion to the liquidation or in the form of advances or otherwise use.

(2) If the claim is disputed, or if not already paid, the remaining assets may be used only if the creditor is given sufficient certainty.

 

§ 207

 

Disposal of end use liquidation value, taking the winding nature of the creditor, or its rejection. The liquidator shall within thirty days of the liquidation proposal for cancellation of the legal entity of public records.

 

§ 208

 

If it is before the deletion of a legal person from the public register of its hitherto unknown property or if the need for other necessary measures to end the liquidation and the liquidator settles the property or take other necessary measures. Upon completion of these negotiations proceed under § 205 to 207, the provisions of § 170 shall not apply.

 

§ 209

 

(1) If the property is unknown legal entity after its removal from public records or if the other interest worthy of legal protection, upon the motion of any person proving a legal interest, revoke cancellation of a legal person, decide on its liquidation and appoint a liquidator . Who maintains a public register in accordance with this decision it writes restore legal entity that is in liquidation and the liquidator of the data. Since the restoration of the legal person look as though they had ceased to exist.

(2) If the legal person restored due to the detection of unknown property to revert to the unfulfilled claim to the creditors.

 

Section 2

Corporation

 

Subsection 1

Generally, the corporations

 

§ 210

 

(1) Corporation as a legal person creates a community of persons.

(2) A legal entity formed by a single member is treated as a corporation.

 

§ 211

 

(1) The corporation may have a single member, if permitted by law. In this case, the only member of the corporation in its own will not terminate the membership, unless as a result, in its place a new person enters.

(2) If the number falls below the number of members of the corporation established by law, the court's own motion be canceled and held for disposal. First, however, it will provide reasonable time to remedy the situation.

 

§ 212

 

(1) accepting membership in the corporation, the member agrees to her to behave with integrity and maintain its internal order. The Corporation shall not unreasonably discriminate in favor of its members and must not penalize saving his membership rights and legitimate interests.

(2) misuse by any member of a private corporation the right to vote to the detriment of the whole, the court shall decide on the proposal of a legitimate interest that that member to vote for a particular case can not be disregarded. This right shall expire, unless the application is filed within three months of when the abuse occurred voice.

 

§ 213

 

Damages to the member corporation or a member of her body in a way that establishes its obligation to pay and who were damaged and another member of the corporation on the value of their participation, and seeks to be just compensation for the member, the court pests without a specific proposal to impose just replace the damage caused Corporation, where justified by circumstances of the case, especially if it is sufficiently clear that such measures and compares the damage to the degraded participation.

 

Subsection 2

Association

 

§ 214

 

(1) At least three people driven by a common interest may give rise to the fulfillment of self and society as a voluntary association of members and associate with it.

(2) Creates the associations of common interest to implement a new club as their union, expressed in the name of the new Federal League's nature.

 

§ 215

 

(1) No person shall be compelled to participate in the league and should not be prevented anyone speak of him.

(2) The members of the association is not liable for its debts.

 

§ 216

 

Name of association must contain the words "association" or "registered association" will suffice, however, the abbreviation "SD".

 

§ 217

 

(1) The main activities of the association can only be satisfying and protecting the interests of society whose fulfillment is based. Business or other gainful activities of the main activities of the association can not be.

(2) In addition to the main club activities can also develop secondary economic activity of business or profession, if its purpose in supporting the core business or in the economical use of Federal property.

(3) Income from business association can only be used for club activities including management of the league.

 

Establishment of association

§ 218

 

The founders set up an association to agree on the content of the statutes; statutes contain at least

a) the name and address of the association,

b) the purpose of the league,

c) the rights and obligations of members to the association, or determine how they will be the rights and obligations arise

d) determination of the statutory authority.

 

§ 219

 

Articles of association may establish a branch as an organizational unit or association to determine how society establishes a branch which authority decides on the establishment, cancellation or conversion of branch association.

 

§ 220

 

(1) If they stipulate that membership is a different kind, also defines the rights and obligations associated with different types of membership.

(2) Limit or extend the rights obligations related to some kind of membership is only under conditions specified in the articles in advance, otherwise the consent of a majority of the members. This does not apply, if the association to limit the rights or obligations extending just cause.

 

§ 221

 

The articles must be stored in full in the seat of the League.

 

Constituent Meeting

§ 222

 

(1) The association may establish and order of the constituent meeting of the formation of the league. At the constituent meeting shall apply mutatis mutandis the provisions of the membership meeting.

(2) prepare draft statutes and other persons interested in the establishment of the association shall convene as appropriate to the inaugural meeting convener. The accuracy and completeness check the attendance list convener or his delegate.

 

§ 223

 

Anyone who arrives at the opening meeting and is eligible for membership in the League shall be entered in the attendance list, signed with the indication of its name and domicile or residence. The accuracy and completeness check the attendance list svolatel or his delegate. It is true that persons registered in the present Charter filed the proper application to the league.

 

§ 224

 

(1) The constituent meeting starts convener or his delegate. It shall inform the inaugural meeting number present and familiar with the negotiations by which the convener in the interest of the league has taken. In addition, proposed rules for the inaugural session of the negotiations and select the chairperson and any other officials.

(2) The constituent meeting elects the members of those bodies, as determined by the law and constitution has to choose.

(3) Constitutive Meeting adopts resolutions by a majority vote present at the time.

(4) who voted against the adoption of the draft statutes, require the application to terminate the association. The fact must be made entry in the present document bearing the signatures of the outgoing and the one who made the recording.

 

§ 225

 

Subscription constituent meeting at least three people to approve the statutes under § 218th

 

The emergence of the league

§ 226

 

(1) The association occurs on registration in a public register.

(2) The application for entry into the league's founders made a public register or a person appointed by the constituent meetings.

(3) If the association entered in the register within thirty days of filing the application for registration and if in that period, or a decision to refuse registration, it is a society registered in the public register on the thirtieth day after the submission of the proposal.

 

§ 227

 

If society continues to operate even after his entry in the register rejected, the provisions relating to the company.

 

Branch Association

§ 228

 

(1) The legal personality of branch association is derived from the legal personality of the main league. Branch association may have rights and responsibilities and take them to the extent specified by the Articles of Association headquarters and registered in a public register.

(2) Name of branch association must contain the name of the main distinctive element of the association and to express his property of branch association.

§ 229

 

(1) Branch Association begins on the day registration in a public register.

(2) The application for registration of branch association in the public register provides the main club.

(3) If the decision on registration or refusal to issue, within thirty days of filing the application for registration shall be considered as a branch association registered in the public register.

(4) The meetings of the association of branch arose before the date of its registration in a public register is the main association is entitled and bound jointly and severally with branch association. Date of registration of branch association in a public register shall be liable for the debts of the main association of branch association to the extent determined by regulation.

 

§ 230

 

(1) The repeal is repealed Association headquarters and branch association.

(2) The association does not expire before they expire all auxiliary associations.

 

§ 231

 

By acquiring the status of public benefit association for major gain this status and auxiliary associations. Waive its right to the main status of public benefit association, or if he is removed, it shall cease and auxiliary associations.

 

Membership

§ 232

 

(1) Unless the statutes provide otherwise, attaches to membership in the League member and the person does not pass to his successor.

(2) is a member of the association a legal entity, it represents a statutory body, unless the legal entity shall designate another representative.

 

§ 233

 

(1) After the establishment of the association membership may result in him admission to membership or any other manner determined by the statutes.

(2) Who has applied for membership in the league, it shows willingness to be bound by the statutes, since they will join the league.

(3) The admission of a member decides authority designated by the statutes, or the highest authority of the league.

 

§ 234

 

It is believed that the emergence of the branch membership and membership association created in the main league, this also applies to termination of membership.

 

§ 235

 

The statutes may determine the amount and payment of membership fee or designate, the authority shall determine the amount of association membership fee and maturity and how.

 

§ 236

Members List

 

(1) leads the list of guild members, the statutes shall determine the place in the member list entries and removals of persons to membership in the league. The articles shall determine how the list made available to members, or that will not be disclosed.

(2) Each member, including the former, at his request, receive from the league at his expense confirmation with a list of members list containing information about yourself or confirm that these data have been deleted. Instead of a deceased member, may ask for confirmation of his spouse, child or parent, and if none of them can ask for issuing a certificate or other person close to the heir when they show an interest worthy of legal protection.

(3) A list of members can be published with the consent of all members who are enrolled in it, the publication of an incomplete list of members must be made clear to him that is incomplete.

 

Termination of Membership

§ 237

 

Membership in the league expires resignation, exclusion, or other means provided for in the statutes or the law.

 

§ 238

 

Unless the statutes provide otherwise, membership terminates if a member fails to pay the membership fee or a reasonable period for an additional club in the invitation to pay, although this result was notified in the invitation.

 

§ 239

 

(1) Unless the statutes provide otherwise, may expel a member association, which seriously infringed the obligations arising from membership within a reasonable time rectify the call even after the league. The challenge is not required, can not atone for breach or cause the association particularly serious injury.

(2) The exclusion shall be delivered to the expelled member.

 

§ 240

 

(1) Unless the statutes provide another body decides to expel a member statutory body.

(2) Unless the statutes provide otherwise, may submit a proposal for exclusion in writing by any member, the application shall state the circumstances proving grounds for exclusion. A member against whom the proposal is directed shall have the opportunity to exclude a proposal to meet, ask for his explanation and state and prove all he is good.

 

§ 241

 

(1) A member may, within fifteen days of receipt of the decision in writing to propose that the decision to exclude arbitration panel review, unless the statutes designate another authority.

(2) The competent authority shall revoke the decision to expel a member, the exclusion is contrary to law or the statutes, the decision to expel a member may withdraw in other justified cases.

 

§ 242

 

That member may, within three months of receipt of the final decision of the association of its exclusion request the court to rule on the invalidity of exclusion, otherwise the right expires. Unless his decision is issued, the member may submit a proposal within three months from the date on which it learned about it, but no later than one year from the date on which the decision after the termination of his membership of the exclusion in the list of members, otherwise the right expires.

 

Tour Association

§ 243

 

Authorities Association is a statutory body and highest authority or control commission, the arbitration committee and other bodies specified in the statutes. Articles of Association may call any authorities, waking up to the misleading impression as to their nature.

 

§ 244

 

Statutes shall determine if the statutory collective body (committee) or individual (Chairman). Unless the statutes provide otherwise, elect and dismiss members of the statutory authority of the supreme body of the league.

 

§ 245

 

The resolution meeting of members or other authority which is contrary to good morals or modifies statutes so that their content contradicts donucujícím provisions of the Act, is regarded as if it was not adopted. This is true even if the resolution was adopted in the matter of which that authority has competence to decide.

 

§ 246

 

(1) Unless the statutes mandate of the members elected bodies of the league, this period is five years.

(2) Unless the statutes provide otherwise, members of elected bodies of the association, whose number has not fallen below half, substitute co-opt members to the next meeting of the authority responsible for election.

(3) Unless the statutes provide otherwise, for convening meetings and collective decision-making bodies league § 156 and § 159, paragraph 2, and mutatis mutandis the provisions of the membership meeting.

 

§ 247

The highest authority of the association

 

(1) The Statutes shall determine which authority is the supreme body of the association, its jurisdiction generally belong to identify the main focus of the association, to decide on an amendment to approve the profit association, assess the performance of other bodies of the association and their members and to cancel the league with the liquidation or about his conversion.

(2) If, under the Articles of Association and statutory authority of the supreme body and not in a position to exercise powers for a period longer than one month, at least one fifth of the Association to convene the assembly of all members of the association, the Assembly passes the scope of the association's supreme body. This does not apply if the statutes determines otherwise.

(3) Unless the statutes provide otherwise, the supreme body of the association members' meeting to the provisions of § 248 to 257 members at the meeting shall, unless the statutes specifies otherwise.

 

Membership Meeting

§ 248

 

(1) The membership meeting shall be convened by the statutory body of the league at least once a year.

(2) The statutory body of the association members' meeting shall convene a meeting on the initiative of at least half of its members or supervisory body of the league club. Convene the statutory authority of the league session meeting of members within thirty days of receipt of the complaint, the person who filed the complaint, convene meetings of the members' meeting at the expense of the league itself.

 

§ 249

 

(1) Meetings of members' meeting be convened in an appropriate manner within the time specified statutes, or at least thirty days before it takes place. The invitations must be clear space, time and agenda of meetings.

(2) If a meeting convened pursuant to § 248, may be against the draft agenda of the session named in the complaint changed only with the consent of the person who filed the complaint.

(3) Location and time of meeting shall be determined so as to minimize the possibility of limiting members to participate in it.

 

§ 250

 

(1) Who called the meeting may be canceled or postponed in the same manner in which it was convened. If it happens to less than a week before the announced date of the meeting, will replace the club members, who arrived at the meeting by invitation, efficiently incurred costs.

(2) If a meeting convened pursuant to § 248, may be revoked or suspended only on the proposal or with the consent of the person who took the initiative to him.

 

§ 251

 

Each member is entitled to attend the meeting and ask him to even get an explanation of the association affairs, subject to the required explanation to the subject of meeting members' meeting. If a member requests a meeting statement of the facts which the law forbids or disclose the disclosure would cause serious harm to the league, he can not provide.

 

§ 252

 

(1) Members' Meeting is able to pass resolutions in the presence of most members of the league. Resolution adopted by a majority vote of the members present at the time of deliberation, each member has one vote.

(2) If they stipulate for the treatment of different types of membership in the league, it is a type of membership associated only an advisory vote, to disregard the voice for in paragraph 1

 

§ 253

 

(1) Whoever session starts, verify that the membership meeting quorum. After meeting the President shall select and possibly other officials, if required by their election statutes.

(2) The Chairman leads meetings as the agenda was announced, unless the member by a meeting of the termination meeting.

(3) The issue that was not included in the agenda for meetings with his declaration, can be decided only with the consent and participation of all members of the Association eligible to vote.

 

§ 254

 

(1) The statutory body of the association provide copies of the minutes of the meeting within thirty days of termination. If possible, make a notation the person who chaired the meeting or by whom instructed the membership meeting.

(2) The registration must be clear who convened the meeting and how, when held, who initiated it, who had presided over what any other elected officials membership meeting, which adopted the resolution and the registration has been drawn up.

(3) Each member of the Association may inspect the records of meetings of the conditions imposed by the statutes. Unless the statutes provide otherwise, this can be done right at the headquarters of the league.

 

§ 255

Sub-Member Meeting

 

The statutes may determine that the meeting members' meeting will be held by individual member meetings, where appropriate, on matters which can not decide in this way. Statutes allow the partial member meeting session, also determine the period in which all meetings must be held. The ability for a quorum and decision-making by participating members of the votes cast and counted.

 

§ 256

The Assembly of Delegates

 

(1) The statutes may determine that the scope of the meeting of members shall carry out the assembly of delegates.

(2) Each delegate must be elected by the same number of votes. If this is not entirely possible, the statutes may provide for the election of delegates reasonable deviation.

 

§ 257

Replacement meeting Member meeting

 

(1) If the member's meeting at its meeting quorum is capable of, the statutory authority or the person who convened the initial meeting, a new invitation to convene within fifteen days from the previous meeting of the membership meeting on alternate sessions. The invitations must be clear that this is a replacement member meeting session. Replacement meeting Member meeting must be held within six weeks from the date on which the meeting was convened before the meeting of members.

(2) The replacement member meeting the meeting may act only on matters included on the agenda of the previous session. Resolution may be adopted with the participation of any number of members, unless otherwise determined by the statutes.

(3) decides the membership meeting at the sub-session meetings of the Member or, where instead of the Assembly of Delegates, the procedure referred to in paragraphs 1 and 2 accordingly.

 

Nullity of the decision of the Association

§ 258

 

Each member of the association, or whoever having an interest worthy of legal protection may request the court to rule on the invalidity of the decision of the Association for its inconsistency with the law or statutes, if you can not get through the invalidity of the authorities of the league.

 

§ 259

 

The right to invoke the invalidity shall expire within three months from the date of the decision, the appellant knew or could learn, but not later than one year after the decision.

 

§ 260

 

(1) The court annulment of the decision failed, there was a violation of law or statute, it had no serious legal consequences, and if in the interest of the league worthy of legal protection of the annulment of the decision not to raise.

(2) The court annulment of utter even then, if it would substantially affected the rights of third parties acquired in good faith.

 

§ 261

 

(1) violated the basic guild member seriously right of any Member, the Member has the right to adequate compensation.

(2) if it rejoins society, the court right to not award compensation member of the Society, unless applied

a) in the time specified for an application to declare invalid the decision;

b) within three months from the date of the decision rejecting the request, if that was dismissed under § 260th

 

Audit Commission

§ 262

 

(1) shall establish the Statutes of the Control Commission, is required to have at least three members. Unless the statutes provide otherwise, elect and dismiss members of the JCC membership meeting. If they stipulate that members of the Audit Committee shall be appointed or removed by the statutory authority to disregard it.

(2) Unless the statutes provide additional constraints, not membership in the supervisory board is compatible with membership in the association or statutory body with the function of liquidator.

 

§ 263

 

Audit Commission supervises are involved, the league properly maintained and in case the association operates in accordance with the statutes and laws, entrust it to another application of statutes. If the Audit Committee deficiencies pointed out by them statutory authority and other authorities designated by the statutes.

 

§ 264

 

Within the scope of its audit committee may inspect authorized member of the association documents require from members and other bodies of the association or its employees to explain the various issues.

 

Arbitration Commission

§ 265

 

If set up an arbitration committee decides disputed matters within the federal government to the extent determined by regulation, unless the statutes provide scope of the arbitration committee settles disputes between member and association by paying membership fees and reviewing the decision to expel a member from the league.

 

§ 266

 

(1) Unless the statutes provide otherwise, the arbitration commission has three members who are elected and recalled by the membership meeting or meeting of members of the league.

(2) A member of the arbitration panel can only be blameless and fully enjoys the full rights adult person in the league does not act as a member of the Board or Audit Committee. If no one suggested declared invalid election to membership of the arbitration commission for lack of integrity, subject to changes in circumstances that the person was elected impeccable.

(3) The activities of the arbitration commission is precluded by its member, which prevents the circumstances of the case or could decide to defend nepodjatě.

 

§ 267

 

Proceedings before the Referee Commission regulates other legislation.

 

§ 268

Abolition Society

 

(1) The Court cancels liquidation of an alliance with the proposal of the person on it has a legitimate interest, or its own motion if the alliance, though it was on the court warned

a) take action prohibited in § 145,

b) operates in violation of § 217,

c) forcing a third person to membership in the league, to participate in its activities or its support or

d) prevents members of the association secede.

(2) The provisions of § 172 is not affected.

 

 

Disposal Association

§ 269

 

(1) In association with the abolition of liquidation the liquidator shall draw up an inventory of assets and make it available at the headquarters of the association to all members.

(2) The liquidator shall pay the costs against the property list each member who so requests.

 

§ 270

 

(1) If you can not call or liquidator, the liquidator appointed by the court without the consent of a member of the Board. If possible, the liquidator appointed by the court without the consent of a member association.

(2) The liquidator appointed under paragraph 1 of resign, but may request the court to absolve him from office, if he proves that he can not be reasonably required to perform the function.

 

§ 271

 

The liquidator liquidation cashing nature only to the extent to which it is to meet the necessary relief association.

 

§ 272

 

(1) The liquidator will handle the liquidation balance under the Statute. If they stipulate association with the status of public benefit, the remaining assets to be used for other than public benefit to be disregarded to it.

(2) If you can not deal with the liquidation balance according to the statute, the liquidator will offer the remaining assets with the purpose of a similar association. If this is not possible a liquidator liquidation balance municipality in whose territory the association headquarters. If the municipality does not accept an offer within two months, the remaining assets shall become the county in which the association has its seat. Gets the remaining assets to a municipality or county, it applies only to publicly beneficial goals.

 

§ 273

 

He received the association assigned the performance of the public budget, the provisions of § 272 does not apply and the liquidator will handle the relevant part of the liquidation value as decided by the competent authority.

 

Mergers associations

§ 274

 

Participating clubs conclude a merger agreement to merge as associations or societies merger agreement.

 

§ 275

 

The merger contain at least the name, address and identifying information of each of the participating associations, indicating that association is dissolved and the successor, and the record date.

 

§ 276

 

(1) Agreement on merger of clubs includes arrangements for receiving the articles of association.

(2) If the merger to change the Articles of Association of the successor, the merger agreement contains the arrangements for this change.

 

§ 277

 

(1) together with the draft merger agreement drawn up members of statutory bodies of the participating clubs and the report explaining the economic and legal reasons and consequences of the merger. The report may be drawn as common to all participating clubs.

(2) The report explaining the economic and legal reasons and consequences of the merger may not be executed if all members of the participating members of the association or statutory authority or control with the consent of all the participating members of the league.

 

§ 278

 

Meeting members' meeting, which will draft merger agreement submitted for approval, the one who is convened, report at least thirty days before it takes place. In this period must be made available to all members

a) a draft merger agreement,

b) the articles of association of the successor,

c) a statement of assets and liabilities of all participating clubs no older than six months and

d) a report explaining the economic and legal reasons and consequences of the merger, it is necessary to copy her.

 

§ 279

 

(1) The participating associations shall publish at least thirty days before the meeting a joint meeting of members a notice stating what the merger of associations concerned and what society will become the successor association.

(2) If the recipient of the association from the public purse if it has a negligible number of creditors and if the total debt is negligible, it is sufficient if delivered notice to known creditors.

 

§ 280

 

Logs to a participating lender association claim within six months from the date of the registration of the merger became effective against him, has the right to adequate assurance worsen if the recoverability of receivables. If a creditor proves that as a result of the merger recoverability of receivables deteriorates significantly, has the right to adequate assurance before registration of the merger into a public register.

 

§ 281

 

(1) The merger agreement approved by the meeting of members of participating clubs. Membership meeting may amend the draft merger agreement only approve or reject it.

(2) Meetings of the participating member associations meetings may be convened as a joint. At the meeting of members of participating clubs vote on the draft merger agreement separately. However, if the approval of the merger agreement shall be elected authorities of the receiving association, Member meeting of interested clubs decide to vote for these members together.

 

§ 282

 

Anyone who's participating association draft merger agreement signed, attached to carry the signature of the statement that the draft agreement approved by the association members' meeting and when it happened. The merger is adopted by Resolution of the last meeting of members of the participating associations for approval of a merger agreement and its signing for this club.

 

§ 283

 

The proposal to declare invalid the merger agreement may only be made together with the draft resolution on the annulment of the meeting of members approving this contract. Right to claim the invalidity of the only participating club or a person authorized to submit a proposal to declare invalid the members' meeting.

 

§ 284

 

(1) The application for registration of the merger in the public records submitted jointly by all the participating clubs. If this merger is a merger shall sign the proposal also board members of the successor association.

(2) On a proposal by the competent authority of the entry of the merger by the same date in a public register clears the merging associations, noting who is the legal successor, and the merger

a) notes the merger effective date of a successor league merger and the names, addresses, location and identifying information societies, which merged with the successor association, and any other changes in receiving the league, if a merger occurred,

b) a successor by merger shall register the association with him and noting the names, addresses, location and identifying information of associations that are its legal predecessors.

 

§ 285

 

After the merger is registered in a public register of the merger agreement can not be amended or repealed.

 

§ 286

 

Registration of the merger shall become members of the club membership merging successor association.

 

§ 287

 

(1) do not submit to the participating clubs for registration of the merger within six months from the date of the merger contract was signed, the one of the participating associations, which was prepared to submit a proposal, the merger agreement to resign. Withdraws from the contract even if only one party terminates the commitment of all parties based contract.

(2) do not submit to the participating clubs for registration of the merger within one year from the date the contract was entered into a merger is deemed to have withdrawn from the contract all the participating clubs.

(3) jointly and severally with the association which caused the petition was not filed in time of the merger, other clubs will replace the damage from that caused members of his statutory authority, except those who prove that they had developed sufficient effort to the petition was filed on time.

 

Division Association

§ 288

 

(1) When the division entered into a merger agreement by the participating clubs division.

(2) The contract includes the distribution of at least

a) details of the name, address and identifying information of the participating associations, indicating that association is merging and which is the successor,

b) determining what assets and debts assumed by the successor of the merging league clubs,

c) determine which employees of the merging association become the successor of each employee associations,

d) the record date.

(3) If you are experiencing as a result of the merger to change the distribution of the Statutes of the successor of any associations, contracts for the distribution agreement on this change.

(4) Unless otherwise contract for the division, each member becomes the league merging the effective date of the distribution of membership in all clubs successor.

 

§ 289

 

(1) The division of the formation of new associations draw up draft terms of division distributes club.

(2) The project contains at least

a) details of the name, address and identifying information of the participating associations, indicating that association is merging and which is the successor,

b) determining what assets and debts assumed by the successor of the merging league clubs,

c) determine which employees of the merging association become the successor of each employee associations,

d) the proposed articles of associations of succession,

e) the record date.

(3) Unless otherwise distribution of the project, each member becomes the league merging the effective date of the distribution of membership in all clubs successor.

 

§ 290

 

(1) If the contract on the distribution or division of the project clear what property passes from the league distributed to successor associations, the associations are acquiring ownership of such property.

(2) If the contract on the distribution or division of the project clear what debts are transferred from the association distributed to successor associations, the associations are the successor of such loans shall be bound jointly and severally.

 

§ 291

 

(1) The distribution of the merger provisions of the merger shall apply by analogy.

(2) The division of the formation of new associations draw up a statutory body distributed by the association, together with the project and a report explaining the distribution of economic and legal reasons and consequences of the division. The report may not be executed if all members of the association members of his statutory authority or with the consent of all members of the association.

 

§ 292

 

(1) Meetings of members' meeting, which will be submitted to the division or agreement for the distribution of project approval, the one who is convened, report at least thirty days before it takes place.

(2) The period referred to in paragraph 1, the association shall make available at its headquarters to all members of the Board a report explaining the economic and legal reasons and consequences of the division, if the necessary copies. The report shall include,

a) it is a merger of the distribution, the distribution of the draft contract, articles of association and receiving a statement of assets and liabilities of all participating clubs no older than six months, or

b) if the distribution of the formation of new associations, project division, a statement of assets and liabilities distributed by the league, as well as the opening balance sheet and draft statutes of the successor groups.

 

§ 293

 

(1) At least thirty days before the meeting of the members' meeting distributed association publish a notice stating what concerns the division of the league and clubs have become his successor societies. The association also distributes notification alerts creditors of their right under § three hundred and first

(2) If the recipient of the association from the public purse if it has a negligible number of creditors and if the total debt is negligible, it is sufficient if delivered notice to known creditors.

 

§ 294

 

(1) of the members' meeting approving the distribution of the participating clubs. The provisions of § 282 shall apply mutatis mutandis.

(2) approves the project division distributed by the association membership meeting.

(3) The General Meeting may contract for the distribution or division of a project only to approve or reject it.

 

§ 295

 

(1) distributed association shall file an application for the registration division in the public register. If it is a merger of the division shall submit a joint proposal Association and distributed successor.

(2) On a proposal by the competent authority shall write divisions so that the same date in a public register clears the acquired association, noting who is his legal successor, and in sharing

a) notes the merger effective date of a successor league division of the merger and the name, address and identifying information office league, which merged with the successor association and any other changes in receiving the league, in consequence of the breakdown occurred,

b) the formation of new associations, associations for the minutes and notes of succession at his name, registered address and identifying data association, which is its legal predecessor.

 

§ 296

 

After the division is registered in the register can not be agreement on the distribution or division of a project to change or cancel.

 

§ 297

 

(1) do not submit to the division by merging the participating clubs for registration division within six months from the date of the distribution contract was signed, the one of the participating associations, which was prepared to submit a proposal, the agreement to withdraw the distribution. Withdraws from the contract even if only one party, void the obligations of all parties based contract.

(2) do not submit to the division by merging the participating clubs for registration division within one year from the date the contract was concluded on the distribution is deemed to have withdrawn from the contract all the participating clubs.

(3) jointly and severally with the association which caused the petition was not filed on time division, will replace the other associations of the damage incurred by members of his statutory authority, except those who prove that they had developed sufficient effort to the petition was filed on time.

 

§ 298

 

Absence of the association when the division distributes the formation of new associations for registration division within one year from the date when the decision was taken on the distribution, repealing the ineffective lapse of time of the divestiture decision.

 

§ 299

 

(1) Each of the successor societies held jointly with other associations for the debts of succession passed from distributed by the league for the next succeeding Association.

(2) It can if you appreciate his guild distributes property expert opinion, the court established under another Act, including a separate valuation of assets which move the individual successor associations and fulfill the obligation of publication under § 269, each is liable for the debts of the successor association pursuant to paragraph 1 only to the amount of net assets acquired division.

(3) Right of liability under paragraphs 1 and 2 can not apply the creditors who have received security in accordance with § 300th

 

§ 300

 

Logs to a participating lender association claim within six months from the date of the registration division became effective against him, has the right to adequate assurance, if it proves that the recoverability of receivables will worsen. If a creditor proves that the recoverability of receivables due to division worsen significantly, has the right to adequate assurance before registration division in the public register.

 

§ 301

 

(1) Any person whose legal interests are affected by the division has the right to give him any of the participating associations said within one month of receipt of the request which the division of assets transferred to each of the recipient societies.

(2) the absence of a debtor to the defunct league communications, who is the division of the league's lender can perform any of the successor groups. The absence of any creditors of the defunct league communications, who is the division of the league in his debt, may require performance of any of the successor groups.

 

§ 302

 

If they stipulate that the merger or division of the league decides a body other than membership meeting will be used for provision of merger or division of such association in decision-making authority with adequate provisions for the membership meeting.

 

Section 3

Foundation

 

Subsection 1

Generally, the foundation

 

§ 303

 

Foundation is a legal entity created by the property earmarked for a particular purpose. Its activity is related to the purpose for which it was established.

 

§ 304

 

Foundation is established founding legal act or law, which shall be designed and funded and its purpose.

 

§ 305

 

Internal relations are regulated by its foundation status.

 

Subsection 2

Foundation

 

§ 306

 

(1) The founder of the Foundation establishes permanent service to socially or economically useful purpose. Purpose of the foundation may be beneficial to the public, lies in promoting the general welfare, and charity, is in the support of a designated group of persons, individually or otherwise.

(2) prohibited to establish a foundation to support political parties and movements, or other participation in their activities. Prohibited to establish a foundation serving only profitable targets. Where the Foundation's purpose prohibited by the court it cancels its own motion and order its liquidation.

 

§ 307

 

(1) The Foundation may take if the business is merely a secondary activity, and business proceeds are used only to support its purpose, the Foundation's business but not if the founder of the excluded in the deed. Under the same conditions, the foundation can take the lead company.

(2) The Foundation may not be indefinitely liable partner companies.

 

§ 308

 

(1) Name of the Foundation includes the word "foundation".

(2) A regular part of the name of the foundation is an indication referring to its purpose.

 

Establishment of Foundation

§ 309

 

(1) The Foundation is based foundation charter, the charter may be taken or on death.

(2) The founding charter of the Foundation shall keep one or several persons.

(3) It is the founder of the Foundation to more people, they are considered one of the founder and foundation matters must act unanimously rejected if any of these persons consent without good reason, grant, replaces it with the proposal of any of the other persons constituting the court in its decision .

(4) takes the form of the deed of a public document.

 

§ 310

 

Foundation charter contains at least

a) the name and address of the Foundation,

b) the name of the founder, and his place of residence,

c) defining the purpose for which the Foundation is based,

d) an indication of the amount of the contribution of each founder,

e) the amount of the endowment capital

f) the number of board members and the names and residence of its first members, and an indication of how the trustees for the Foundation Act,

g) the number of Supervisory Board members and the names and residence of its first members, if applicable, unless the Supervisory Board is established, the name and residence of the first comptroller,

h) designation of the controller and deposits

я) условия предоставления благотворительные взносы, или группы лиц, которым может быть предусмотрено, или диапазон видов деятельности, которые Фонд может, из-за выполнения его цели, или определить, что эти термины предусмотрено устава фонда.

 

§ 311

 

(1) The establishment of a foundation for the acquisition of death to the Foundation's contribution brings the Foundation for the heir to the profession or regulation link. In which case the effective establishment of a foundation testator's death.

(2) If the foundation charter contained in the purchase in case of death, including at least

a) the name of the Foundation,

b) the definition of the purpose for which the Foundation is based,

c) an indication of the contribution to

d) an indication of the amount of capital and endowment

e) conditions to provide grants, or group of persons who are eligible for, or determine that these requirements determine the status of the Foundation.

 

§ 312

 

(1) the absence of acquisition in case of death other requirements specified in § 310, shall decide on the person designated in the purchase, or executor, this applies even if the testator appointed the members of the Management Board or Supervisory Board and one of them died, not eligible to hold office or rejects it.

(2) The decision referred to in paragraph 1 takes the form of a public document.

 

§ 313

 

(1) Unless the subject of the foundation charter deposit, the deposit to fulfill the obligation in cash.

(2) determine if the foundation charter, the deposit requirement met by introducing a non-monetary item, and if this is not possible or does not reach the value of the deposit subject to the obligation to deposit the amount specified in the deed, it is considered that the depositor compares the difference in money.

 

§ 314

Foundation Statute

 

(1) The foundation's statute provision for at least

a) the manner of the proceedings of the Foundation

b) the conditions for the provision of grants, where appropriate, the class of persons to whom it can provide.

(2) Where there is no statute founder of the Foundation together with the foundation charter, issued by the prior consent of the Supervisory Board of the Board within one month from the date of the foundation. If it does not rule out the foundation deed, decides on changes in status with the prior consent of the Supervisory Board Management Board.

(3) The Foundation publishes the status of the deposit in the collection of documents. Anyone can register on the status of the public to inspect and take extracts thereof, duplicates or copies. The same law can be applied also in the seat of the Foundation.

 

§ 315

Establishment of the Foundation

 

(1) The Foundation created the day of enrollment in a public register.

(2) The application for entry into the foundations of public records made by the founder, if not possible and did the founder of something else, shall file an application for registration on behalf of the Foundation Board.

 

§ 316

Change of Foundation

 

Excluded by the foundation charter, the Board may after prior approval of the Supervisory Board to change the location of the foundation. The decision on the transfer abroad of the Foundation shall require approval of the court, the court does not approve the transfer, unless for a serious cause or threaten to change the seat of the legitimate interests of persons who are to be provided endowment contributions.

 

Změna foundation deed

§ 317

 

After the establishment of the Foundation's endowment deed can change the extent and manner that the founder of the foundation deed expressly reserved for itself an institution or foundation.

 

§ 318

 

(1) a change in circumstances after the foundation so that the foundation in order to induce a reasonable need for changes to its internal situation, the founder of the foundation charter change, even if such right did not place in the deed, the validity of the changes required to agree with her Board and the change to touch the rights of third parties.

(2) Change Foundation endowment documents published; amendment will take effect three months from the date of publication. Suggests the Court in this period the person who claims that his right was a change in the endowment deed prejudice to rule on the invalidity of change, the court may decide that the force of the amendment postpones the deed to his decision.

(3) The provisions of paragraphs 1 and 2 shall not apply if the change in the endowment deed should cover its part of the founder in the deed to declare that it is unchangeable.

 

§ 319

 

(1) If the founder had already begun and will change if the circumstances of so much that in order to induce a reasonable foundation need to change its internal relations, the foundation of change documents to decide on a proposal from the Foundation's court, the filing of the application must agree to the Board.

(2) The court shall be granted when the proposed amendment to the deed affect the rights of third parties must also be investigated as the most obvious intention of the founder of the foundation documents and the conditions that such a case the founder of the foundation charter or assigned.

(3) The court in deciding to change the deed into account the opinion of the Supervisory Board, taking into account the interests of third parties deserving of legal protection.

 

§ 320

 

Determine if the founder of the foundation deed expressly states that it is unchangeable, or that can not change a specific portion of it can not be changed or a court decision.

 

Special provisions for the change in the purpose of the Foundation

§ 321

 

(1) It does the foundation deed of the right to change the purpose of the founders of the foundation or any foundation body may amend this court approved the proposal from the Foundation's administrative and supervisory board. If, however, disagrees with the founder of such a change or a person designated in the deed, the court shall reject the proposal.

(2) The Foundation shall make available without unreasonable delay after the request for notification of the proposed change. Anyone who has the legal interest against the proposal may conflict with the court within one month from the date on which the notice was published.

 

§ 322

 

If the purpose of achieving Foundation impossible or difficult to reach the causes of the founders of unknown or unpredictable for him, replacing founder upon the motion or the person on it has a legal interest, the current purpose of the foundation similar purpose, unless the endowment deed specifies otherwise.

 

§ 323

 

If the founder had already begun and if no person or founder who established the right to agree to amend the purpose of the foundation or refuse such consent, the court takes the decision to change the purpose of the Foundation's account of the famous founder's intentions and wishes, even if not of the deed obvious.

 

§ 324

 

The change in the purpose of publicly beneficial foundation for philanthropic court may decide only if it is a particularly compelling reason and the foundation's charter does not.

 

§ 325

 

When the purpose of the foundation changes, donations must be granted to the original purpose and the revenues used to provide grants to the original purpose, unless the donor will affect another.

 

§ 326

 

Changed the purpose of the foundation court may also decide of its own motion, to what extent and how long, the Foundation will use the proceeds from the endowment principal to provide grants in accordance with the original purpose. This time the scope and whenever it takes for people interested in just because the original purpose of the Foundation for grants recipients. If the court amends the foundation of public purpose beneficial to the charity unless and to the extent and time, the foundation will use proceeds from four fifths to provide grants in accordance with the original purpose for five years from the date of the change become effective.

 

Contributions to the Foundation

§ 327

 

(1) The amount of non-cash deposit with the subject can not determine an amount higher than the set value of the deposit as an expert's opinion.

(2) If the subject of in-kind contribution to the Foundation must meet the assumption of sustained yield and shall serve as security.

§ 328

 

(1) If the subject of an investment security deposit or money market instrument under the law governing business in the capital market, its value may be determined by the weighted average of prices at which trades were carried out by a security or instrument on a regulated market in a period of six months before repayment of the deposit.

(2) Paragraph 1 shall not apply if the amount in deposit identified under paragraph 1, affected by exceptional circumstances which would meet her at the date of deposit obligations have changed significantly.

 

§ 329

 

(1) If the subject matter of the contribution other than investment securities or money market instrument under the law governing business in the capital market, the value can be determined also

a) the market value determined by generally recognized independent expert using generally accepted valuation principles and practices not less than six months before completing the deposit obligation, or

b) the amount of the award case in the financial statements for the accounting period immediately preceding the emergence of deposit obligations in this matter is measured at fair value under other legislation, and if the auditor audited the financial statements with an unqualified opinion.

(2) Paragraph 1 shall not apply where new circumstances occur which could value the contribution to the date on which the obligation to deposit a significant change.

 

§ 330

 

(1) Before a foundation to meet the minimum deposit requirement so that the aggregate amount of deposits at least match the amount of CZK 500 000.

(2) Contributions to the Foundation shall be made before the emergence of the person you identified as the foundation deed administrator deposits. Lapses if the function calls the founder, or an executor or other authorized person without unnecessary delay deposit the new manager, if not possible, calls the new administrator deposits the Board of Trustees. The rights and obligations of the administrator shall apply mutatis mutandis the provisions on the rights and obligations of members of bodies of legal persons.

 

§ 331

 

(1) Deposit obligations fulfilled by passing deposit object managers deposits. The Foundation takes ownership of the deposit date of its creation, however, bound by law to acquire ownership rights to write to a public list, the foundation takes the property subject to deposit the entry.

(2) If a cash deposit subject, puts the administrator in a special account deposits at a bank or savings and credit cooperatives, which for the Foundation and to establish its name. Whoever account leads to the formation of the Foundation will not allow payment of the account balance and payment, unless it is proved that the foundation was not properly established, the foundation was established for the acquisition of death, they are required to the invalidity based court ruled.

(3) If the subject matter of deposit registered in the public list, the administrator shall deposit the depositor and the deposit statement of introduction, after the foundation of its ownership rights in the public list on the basis of this written statement. Required to sign a declaration of the depositor was officially verified.

 

§ 332

 

Manager of deposits confirms in writing to the person who suggests writing in a public register of the Foundation, who fulfilled the deposit requirement when it happened, what is the subject of the deposit and what is the aggregate amount of deposits. If the manager confirms the extent of deposits higher performance than what corresponds to reality, shall be liable up to the difference creditors for debts of the Foundation for five years since the foundation.

 

§ 333

 

(1) acceptance of the investment manager shall deposit the Foundation without undue delay after its inception.

(2) There will the foundation deposits administrator returns the deposit subject to the person who paid it or brought. Legal actions taken by the administrator to manage and undertake to subject that person.

 

§ 334

 

(1) After the establishment of the Foundation's endowment principal may be reproduced or endowment gifts to the Foundation's decision to raise capital.

(2) Where, in-kind gift item assumption of permanent income and to serve as security, it is considered that the gift multiplies the endowment principal.

 

Foundation assets and foundation capital

§ 335

 

Foundation assets are endowment principal and other property.

 

§ 336

 

(1) Endowment principal consists of a set of articles contributed by a foundation, or endowment and donations.

(2) The Foundation shall have a principal value corresponding to at least the amount of CZK 500 000.

 

§ 337

 

Financial terms of the principal is the foundation endowment funds. The amount of the endowment capital registered in the public register.

 

§ 338

 

(1) The Foundation uses its assets in accordance with the purposes specified in the deed as well as in the Statute and under the conditions there intended to provide grants to ensure its own activities to fulfill its purpose, and to cover the cost of the endowment principal and appreciation of the cost of the administration.

(2) The legal act by which the foundation assumes unlimited liability for another person shall be disregarded.

 

§ 339

 

(1) What are the principal endowment, can not stop or otherwise used to secure debt. This does not apply if the Foundation operates a commercial establishment, to the extent necessary for its smooth operation.

(2) can steal something from the endowment principal only if it is not contrary to the will of the person who gave the gift or the Foundation has fulfilled the deposit requirement. Otherwise, anything can dispose of endowment principal only if this happens for consideration included in the endowment principal or in the event that triggered the need for disposal of such change of circumstances which could not be foreseen and otherwise can not deal with it by the exercise of care and diligence.

 

§ 340

 

The Foundation manages the endowment principal to care what the law provides for the management of foreign assets. Where required under the provisions of the simple act of trust to a certain rule of conduct beneficiary consent, is required for such legal negotiations prior consent of the person designated in the deed, unless the person intended, requires the prior approval of the Supervisory Board.

 

§ 341

 

(1) reaches the endowment funds or foundations turnover in the last accounting period of at least ten times higher than the § 330, paragraph 1, subject to ordinary accounts, special accounts and the consolidated financial statements audited.

(2) is subject to verification by the auditor in the financial statements when deciding if it claims to increase or decrease of capital endowment, foundation or conversion.

 

The increase in capital endowment

§ 342

 

(1) After the accounts the Board may, within one year from the date on which the data were identified, of which the financial statements were prepared, decide on the proliferation of the endowment principal and increase the endowment capital

a) unless an increase in capital endowment greater than the difference between the amount of own funding sources foundation reported assets in the balance sheet liability and capital and endowment

b) if not to increase the endowment of capital used their own resources that are assigned a foundation whose purpose is not authorized to change.

(2) Decisions of the principal foundation of proliferation and increase the endowment capital includes the amount by which the capital endowment increases, and indications of source from which the capital endowment increases, according to the structure of its own sources of financing assets in the Foundation's financial statements.

(3) If the foundation of any subsequent financial statements prepared in reducing its own resources, based on when deciding to increase the endowment capital of these financial statements.

 

§ 343

 

(1) Increases the foundation level of capital endowment gift, the item is eligible to be a contribution to the Foundation may not be the extent of increase in the endowment of capital is higher than the observed value.

(2) The decision to increase the endowment capital includes the amount by which the capital endowment increases, and a description of things which reproduces the endowment principal, together with an indication of the value of things is an indication on how this value was determined.

 

Reduction of capital endowment

§ 344

 

(1) does not prohibit the foundation's charter, the foundation endowment to reduce capital by reducing the endowment principal, if it takes interest in cost-effective fulfillment of its purpose. Reduce capital endowment can be at most an amount equivalent to one fifth of the amount of the endowment capital over five years. Reducing capital endowment can not be directly or indirectly, to cover administration costs of the Foundation.

(2) The decision to reduce capital endowment includes the amount by which capital endowment decreases, and the reason of which is reduced.

 

§ 345

 

Prohibited to reduce the capital endowment to an amount less than 500 000 CZK.

 

§ 346

 

Cease if any part of the Foundation's endowment principal or falls substantially if its value, without undue delay Foundation endowment principal complement, if not it may well be reduced to the extent that the loss of endowment capital.

 

Common provisions

§ 347

 

An increase or reduction of capital endowment Board shall decide the prior consent of the Supervisory Board.

 

§ 348

 

Increase or decrease the capital endowment shall take effect on registration in a public register.

 

Affiliated Fund

§ 349

 

(1) The contract may entrust the administration of the Foundation as an affiliated fund assets eligible to be the contribution to the Foundation and authorize the Foundation to use this property to ujednanému purpose connected with the mission of the foundation, application must be in support of a political party or political movement.

(2) The contract must be in writing.

§ 350

 

If agreed that the Foundation will manage the fund associated with a distinctive mark, the mark must contain the words "affiliated fund". The label must be placed together with the name of the foundation that manages the associated fund.

 

§ 351

 

It is understood that the Foundation carries out a simple property management associate in the fund and that it performs for a fee in an amount as is usual in similar cases requires.

 

§ 352

 

(1) The management of the fund associated rights and obligations arise only managing the foundation. Associated Property Fund recorded separately from the foundation of his property.

(2) If the foundation lifted, loaded with an associated fund liquidator to its legal nature and purpose are still maintained.

 

The grant

§ 353

 

(1) The Foundation shall provide an endowment contribution to a person who is a member of the authority or who is an employee of the Foundation, or a person close to them.

(2) If there are reasons worthy of special consideration, due to the founder of a change of circumstances, may provide the foundation endowment contribution to its founders, if there are such grounds, the Governing Board after consultation with the Supervisory Board or the inspector. This also applies if a foundation contributions by the founders family, unless the foundation was set up to support people close to the founders.

 

§ 354

 

Who received the endowment contribution can be used only in accordance with the stipulated conditions, the Foundation upon request demonstrates how to use it. Who used the endowment contribution in conflict with the stipulated conditions, return it to the foundation as unjust enrichment.

 

§ 355

 

(1) The Foundation may provide a foundation contributions, if the amount of own funding sources foundation reported assets in the balance sheet liability is less than the amount of capital endowment as adjusted pursuant to paragraph 2, or if it is lower than covered by the above due to capital endowment to provide grants .

(2) The amount of the endowment capital will be added for the purposes specified in paragraph 1

a) increase the endowment capital as a result of the endowment capital or decision, even if it was not registered in a public register, and

b) own resources, which are assigned a foundation whose purpose is not authorized to change.

(3) The provisions of paragraphs 1 and 2 shall not apply in case the contributions from donations designated for that purpose by the donor.

 

§ 356

 

Person who has in good faith endowment contribution made contrary to § 355, is not obliged to return it.

 

§ 357

Cost Management

 

The Foundation recognized the endowment contributions separately on other activities to fulfill the purpose of the Foundation and the costs of managing it.

 

Annual Report

§ 358

 

(1) The Foundation shall compile an annual report by the end of the sixth month of the expiry of the previous reporting period.

(2) The annual report contains financial statements and an overview of all the Foundation's activities including an assessment of this activity.

(3) The annual report of the Foundation shall at least

a) a review of its own assets and liabilities,

b) the individual endowment gifts list of persons who provided the endowment gift worth more than CZK 10 000,

c) an overview of how foundation assets were used,

d) a summary of the persons to whom the grant provided a value of more than CZK 10 000,

e) an assessment of whether the foundation for its operations complied with the rules for the provision of grants under § 353 to 356, and an overview of the cost of the administration and

f) an assessment of basic data of annual accounts and auditor's report, if the foundation required to have audited financial statements.

(4) will be released after the publication of the report highlight the fact that warrants repair reports, foundation repair without undue delay and made publicly available.

 

§ 359

 

(1) If so requested by the donor, the foundation donor data in the annual report fails. The same right is also the recipient of the foundation allowance. When grant assistance worth more than CZK 10 000, may request to remain anonymous only man who had the endowment contribution for humanitarian reasons, in particular for reasons of health.

(2) the Foundation maintain anonymity, it delivers the request of an authorized person before approving the annual report. A man who had the endowment contribution for humanitarian reasons, may exercise their right to anonymity at any time, if it the foundation of his right to grant not learn, it is considered that the instruction was not given.

 

§ 360

 

(1) The Foundation publishes an annual report within thirty days of its approval by the Board and make it available also at its headquarters. If the foundation established as a public benefit, it is sufficient to make an annual report at its headquarters.

(2) approve the Board's annual report, the Foundation publishes an annual report in the manner provided in paragraph 1 not later than immediately following the end of the reporting period, indicating that the annual report was not approved and for what reasons.

 

§ 361

 

Anyone can register to the public in annual reports to inspect and make excerpts, transcripts or copies. The same law can be applied also in the seat of the Foundation.

 

Board

§ 362

 

Board is a statutory body of the Foundation, has at least three members.

 

§ 363

 

Unless the foundation deed of further restrictions, not membership in the Board competent person who

a) is a member of the Supervisory Board of the Foundation,

b) to the Foundation in employment or

c) is not related to the purpose of foundation integrity.

 

§ 364

 

Unless the foundation of another term of office of Board member is five years. If it does not rule out the foundation charter, member of the Board can vote repeatedly.

 

§ 365

 

(1) Unless the foundation deed of something else, elect and recall members of the Board of its own.

(2) The Foundation Charter may provide that a certain number of board members must be elected from candidates proposed by the Board by persons designated by the foundation charter, or persons designated by the manner set out therein.

 

§ 366

 

Unless the foundation deed of other reasons, the Board dismiss from office a member who is seriously or repeatedly violated the foundation charter or statute, or who violated the law obviously means distorting the reputation of the foundation. Failure to do so within one month from the date when the reason for the appeal heard, but not later than six months from the date when the reason was, relieve a member of the Board from office upon the motion of the person demonstrating a legitimate interest, the right to seek dismiss a member of the Board shall expire unless exercised within one year from the date when grounds for the appeal arose.

 

§ 367

 

(1) termination of the membership on the Board, the Board shall elect a new member within three months. Failure to do so, appoint a new member of the Board upon the motion of the Supervisory Board or of the person who has a legitimate interest, at such time as the Board elect a new member.

(2) The court shall appoint a new member of the Board's own motion, if the Executive Board for the decrease in the number of its members unable to act on re-election.

 

The Supervisory Board

§ 368

 

(1) The Supervisory Board is the control and inspection authority, foundation, at least three members.

(2) The Supervisory Board shall be established, reaching the capital endowment of at least ten times higher than the § 330 paragraph 1

 

§ 369

 

Unless the foundation deed of further restrictions, not membership in the Supervisory Board eligible person who

a) is a member of the Board or liquidator,

b) to the Foundation in employment or

c) is not related to the purpose of foundation integrity.

 

§ 370

 

(1) entrust the foundation charter or within the limits of determining the status of the Supervisory Board of the Foundation's other powers, the Supervisory Board

a) supervise the executive board shall exercise powers under the Act and in accordance with the foundation charter and statutes,

b) monitoring compliance with the requirements for the provision of grants,

c) the Board notes the shortcomings and gives suggestions for their elimination,

d) control how the accounts are maintained and reviewed annual, extraordinary and consolidated financial statements

e) comments on the annual report and

f) at least once a year report to the Governing Council in writing a report on its inspection activities.

(2) The Supervisory Board to represent the Foundation Board of Trustees, as well as any matter which interested members of the Board contrary to the interests of the Foundation. For this purpose, the Supervisory Board shall designate one of its members.

 

§ 371

 

(1) The Supervisory Board shall convene a board meeting, so if the proposal fails to Supervisory Board Chairman of the Board.

(2) In the scope of its supervisory board authorized member may inspect the documents required by the Foundation and members of other organs of the Foundation or its employees to explain the various issues.

 

§ 372

 

Unless the foundation deed of something else, elect and recall members of its Supervisory Board itself. For election and dismissal of Supervisory Board members and their term of office shall apply mutatis mutandis to the Board.

 

Inspector

§ 373

 

(1) If the established supervisory board, auditor performs its scope.

(2) Endowment Foundation charter or statute may provide that the auditor will perform the function of a legal person whose activity enables performance monitoring and inspection activities, and that this function will perform for an indefinite period of time.

 

§ 374

 

(1) To be eligible to be an auditor shall apply mutatis mutandis § 369th If the auditor legal person may exercise its rights and duties of the comptroller's representative who qualifies under the first sentence.

(2) Unless the foundation deed of the shorter term auditor is five years. Inspector can be selected and repeatedly if it does not rule out the foundation charter.

 

§ 375

 

(1) Unless the foundation charter another way, the comptroller elects and dismisses the Board.

(2) Unless the foundation deed of other reasons, the Board dismiss the comptroller, who seriously or repeatedly violated the foundation charter or statute, or who violated the law obviously means distorting the reputation of the foundation. Failure to do so within one month from the date when the reason for the appeal heard, but not later than six months from the date when the reason was, the comptroller appeals court on motion of a person demonstrating a legitimate interest, the right of appeal to seek the comptroller terminates If not exercised within one year from the date when grounds for the appeal arose.

 

Cancellation of the liquidation of the Foundation

§ 376

 

It was to achieve the purpose for which the trust is established, the foundation is abolished and the Board shall elect a liquidator.

 

§ 377

 

(1) The court shall cancel the Foundation with a proposal for the liquidation of the person on it has a legal interest, or its own motion if the

a) Foundation operates prohibited in § 145 or is inconsistent with § 307,

b) the Foundation will partner unlimited liability company,

c) the foundation is seriously or repeatedly violates the prohibition of providing the endowment contribution the person named in § 353,

d) Foundation provides endowment contributions for more than two years without it for a serious reason

e) Foundation manages the endowment principal in violation of § 339,

f) the value of the endowment principal will reduce the amount of CZK 500 000, and that the situation lasts longer than one year from the end of the accounting period in which the impairment occurred endowment principal,

g) any endowment principal does not return for more than two years, or

h) is not consistently possible for the Foundation continues to fulfill its purpose.

(2) This provision is without prejudice to the § 172nd

 

§ 378

 

(1) The liquidator liquidation cashing in nature to the extent necessary for the Foundation's debt settlement. With the liquidation balance disposed of by the foundation deed.

(2) Determine the foundation charter of community foundations, the remaining assets to be used for other than public benefit to be disregarded to it.

 

§ 379

 

(1) Unless the foundation charter, as it should be dealt with liquidation balance, it offers a liquidator foundation with a similar purpose. If not for a serious reason, the Board may decide that the remaining assets primarily offers community, region or state.

(2) If the well can be the foundation of a similar offer to the remaining assets, or if the offer made under paragraph 1 of rejected offers liquidator liquidation balance municipality in whose territory the headquarters of the Foundation. If the municipality does not accept an offer or within two months from the date of its effectiveness, the remaining assets shall become the county in which the Foundation has its seat.

 

§ 380

 

Gets the remaining assets to the municipality, county or state, the only remaining assets to publicly beneficial goals.

 

§ 381

 

If the foundation received the assigned claim on the public purse of § 378 shall not apply and the liquidator will handle the relevant part of the liquidation value as decided by the competent authority.

 

Conversion Foundation

§ 382

 

(1) The conversion of the foundation may be merging with another foundation or endowment fund or by changing the legal form of the endowment fund.

(2) Foundation can be merged with another foundation or endowment fund, if the foundation does not list and interested persons are the same or similar purpose. When you merge with Foundation Endowment Fund shall be the successor entity Foundation.

 

§ 383

 

(1) the merger agreement contains at least

a) details of the name, address and identifying information of interested parties, specifying which of these is the merging and acquiring,

b) determination of the structure in which the successor takes over the person component of equity and loan capital of the acquired person, not a liability,

c) the amount of the endowment of capital, if the person acquiring the Foundation

d) an agreement amending the Statute of the acquiring person, if there is a result of the merger of such a change,

e) the record date.

(2) combine to the foundation, endowment, the amount of capital pursuant to paragraph 1. c) the sum of the endowment capital of the merging foundations. When you merge the endowment fund with the Foundation as the successor entity may be increased endowment capital as stipulated in § 342, in which case the merger agreement must contain the elements listed in § 342 paragraph 2

(3) the merger agreement takes the form of a public document.

 

§ 384

 

(1) Interested persons before entering into a contract to merge with each other make their accounts and provide additional information and documents needed to assess the legal and economic consequences of the merger.

(2) Those who are familiar with the data referred to in paragraph 1 shall maintain the confidentiality of the facts which the law prohibits the disclosure of or disclose to the interested party can cause serious harm.

 

§ 385

 

Supervisory board or supervisors interested parties review the accounts of each of the interested parties and draw up a report on the facts that are the subject of accounting, including their views on the draft contract of merger and economic consequences of the merger, the report can be compiled as common to all interested parties.

 

§ 386

 

(1) If the report prepared pursuant to § 385, decided to merge the Board of interested persons. Board meetings must be announced at least thirty days before it takes place, in this time period, each member of the Board shall make

a) a draft contract of merger,

b) if the result from the merger to change the statutes of the acquiring person's statutes,

c) the accounts of all interested parties; if financial statements are compiled from data from the date on which the date of preparation of the draft contract of merger has been more than six months, the interim financial statements of the person,

d) the opening balance sheet of the acquiring person and

e) a report under § 385th

(2) The Governing Board may contract proposal to merge only accept or reject.

(3) Convenes the board meetings with interested parties as joint, individual Board vote on the proposal to merge the separate contracts. However, if the contract after approval by the elected board members of the acquiring person, the Board may determine the persons to be on those members to vote together.

 

§ 387

 

(1) Interested persons shall publish at least thirty days before the meeting of the Board a joint announcement, stating, what concerns people with the merger and which of them will become the successor entity.

(2) Logs If a creditor of the person concerned a claim within six months from the date of the registration of the merger became effective against him, has the right to adequate security, if it proves that the recoverability of receivables will worsen. If a creditor proves that the recoverability of receivables due to the merging způsobem significantly worsen the right to adequate assurance division before entry into a public register.

 

§ 388

 

Right to claim the invalidity of the merger agreement is only the person, board member, a member of the Supervisory Board or Auditor; this right shall expire, unless the application is made within three months from the date on which held a board meeting.

 

§ 389

 

(1) The application for entry into the merger serves the public register of all interested parties together; sign proposal also board members of the acquiring entity.

(2), upon application, shall register the merger by the same date deleted in the public register merging osoby, noting who is the legal successor and the successor person shall state the effective date of the merger and the names, addresses, location and identifying data of persons who osobou merged with the successor, and any other changes for the acquiring person, if the merger occurred.

 

§ 390

 

(1) do not submit to the person for registration of the merger within six months from the date of the merger agreement was entered into, any of the participants, which was prepared to submit a proposal, withdraw from the contract. Withdraws from the contract even if only one party, void the obligations of all parties, established by treaty.

(2) do not submit to the person for registration of the merger within one year from the date of the merger agreement was concluded, the contract withdrew from all interested parties.

(3) jointly and severally with the person concerned, which caused the petition was not filed in time merge, replace the other parties that suffered damage from the members of its statutory authority, except those who prove that they had developed sufficient effort to the petition was filed on time .

 

Change of legal form of the Foundation's endowment fund

§ 391

 

(1) Brooks, where the foundation charter specifically, the Administrative Board, after prior approval of the Supervisory Board or the comptroller may decide to change the legal form of the Foundation's endowment fund, but only if the impairment of the endowment principal amount specified in § 330, paragraph 1, non-transitory period.

(2) The decision to change the legal form must contain

a) identification of the Foundation name, address and identifying the indication

b) the name of the endowment fund after the change of legal form,

c) the record date,

d) information about members of the institutions endowment fund, which shall be entered in a public register.

(3) The decision takes the form of a public document.

 

§ 392

 

The decision to change the legal form becomes effective on registration in a public register.

 

§ 393

 

(1) At least thirty days before the meeting of the Board of Trustees shall publish a notice of intent to adopt a decision on the change of legal form.

(2) A creditor of the Foundation, who logs in his claim within six months from the date of the registration change of legal status became effective against third parties, may seek to ensure reasonable certainty of their claims, if a change in legal form the collection of the worse. If a creditor proves that a change in legal form recoverability of its assets substantially worse, it has the sufficient security before registration change of legal status in the public register.

 

Subsection 3

Endowment fund

 

§ 394

 

(1) The founder establishes an endowment fund for the purpose of economically or socially useful.

(2) Name of the endowment fund must include the words "endowment fund".

 

§ 395

 

The Foundation is based charter for the acquisition or death.

 

§ 396

 

(1) founding legal act contains at least

a) the name and address of the endowment fund,

b) the name of the founder, and his place of residence,

c) definition of the purpose for which the Foundation is based,

d) an indication of the amount of deposit, or its non-cash item,

e) the number of board members and the names and residence of its first members, and an indication of how the trustees for the Foundation Act,

f) the number of Supervisory Board members and the names and residence of its first members, or the name and residence of the first comptroller,

g) designation of the controller and deposits

h) the conditions for the contributions from the property endowment fund, or specific activities, which, given an endowment fund to carry out its purpose.

(2) Establishes to the endowment fund for acquisition and death unless the founder or the procedure for appointing the first members of the Management and Supervisory Board, or the first auditor, appointed by the executor, otherwise it is called upon the motion of the person on a legitimate interest.

 

§ 397

The emergence of the endowment fund

 

The Foundation created the day of enrollment in a public register.

 

§ 398

 

(1) The assets of the endowment fund is a file generated from deposits and donations, the subject does not meet the assumption of sustained yield. What is the property of the endowment fund can not be stopped, or otherwise used to secure debt, the legal action that contradicts it not be considered.

(2) The assets of the endowment fund can be disposed, if it is consistent with the purpose of the endowment fund. It can also be used for investment deemed prudent.

(3) The Foundation creates endowment principal or endowment funds.

 

§ 399

 

(1) Brooks where expressly founding legal proceedings, the Board may decide, after prior approval of the Supervisory Board or the comptroller of the change of legal form to the Foundation endowment fund. The decision to change the legal form shall include the designation of the endowment fund name, address and identifying data and requisites established for the endowment deed.

(2) The decision takes the form of a public document.

 

§ 400

 

(1) At least thirty days before the meeting of the Board shall publish notice of the Foundation plan to change the legal form.

(2) The creditor endowment fund that will log his claim within six months from the date of the registration change has become effective against third parties, may require to ensure their claims sufficient certainty to worsen as a result of change in legal form recoverability of receivables. If a creditor proves that a change in legal form recoverability of its assets deteriorate significantly, it has the sufficient security before registration change of legal status in the public register.

§ 401

 

(1) Unless permanently possible for the Foundation continues to fulfill its purpose, the Board decided to abolish the endowment fund with liquidation and the liquidator chooses.

(2) fails to fulfill the purpose of the endowment fund, which has been established, the court can cancel the proposal of the person on a legitimate interest, and order its liquidation.

 

Section 4

Institute

 

§ 402

 

The Institute is a legal entity established for the purpose of operating activities socially or economically useful by using their personal and financial components. The Institute operates, the results are equally available to everyone under predetermined conditions.

 

§ 403

 

If you operate a commercial establishment or institution other ancillary work shall not operate to the detriment of the quality, range and accessibility of services provided within the main activities of the Institute. Institute of profit can only be used to support activities for which it was created, and to cover the cost of the administration.

 

§ 404

Name of Institute

 

Name of the Institute shall include the words "written constitution", but suffice abbreviation "z U."

 

§ 405

Establishment of Institute

 

(1) The Institute establishes the charter for the acquisition or death. Founding legal act contains at least

a) the name of the institute and its seat,

b) the purpose of defining the subject of his institute activities, or even the subject of his business,

c) an indication of the amount of deposit, or its non-cash item,

d) the number of board members and the names and residence of its first members and

e) details of the internal organization of the constitution does not reserve to its adaptations to the constitution.

(2) Establish the legal foundation of the Supervisory Board, shall specify the number of members of the Supervisory Board and the names and residence of its first members.

 

§ 406

 

(1) The amendments to the founding of the infringement decision and the founder of the Institute.

(2) If no decision can founder, takes his right to institute legal person designated by the founding act to the extent specified therein, otherwise the Board shall, in this case, the board's decision to amend the purpose of the department or its cancellation requires prior court approval.

 

§ 407

Establishment of the Institute

 

Department created by the registration in a public register.

 

§ 408

Director

 

(1) The Director is the statutory body constitution. Status to that authority may choose other indications, when the wake misleading impression of his character.

(2) The director may not be a member of the Board and was established by the supervisory board or other authority of a similar nature, then no member of such authority. If the director selected a person convicted of an intentional criminal act, to account for election.

 

Board

§ 409

 

(1) Unless the founding legal act another way, appoints and removes members of the board founder. If possible, the elect and recall members of the Management Board Supervisory Board, if established, otherwise the Board shall elect and recall members of their own.

(2) Unless the founding legal acts of another term of office of Board member is three years. If it does not exclude the founding legal act can be a member of the Board to vote repeatedly, but if the Board elects and dismisses the members of their own, can be re-elected the same person no more than two consecutive terms.

(3) If the Supervisory Board established, membership on the Board and the Supervisory Board incompatible.

 

§ 410

 

Management Board shall elect and dismiss the Director, oversees the performance of its scope and findings of law institute proceedings against the Director, unless otherwise specified, as the institute reflected in these legal proceedings will Chairman of the Board.

 

§ 411

 

(1) The Board approves the budget, good and outstanding financial statements and annual report of the Institute.

(2) decide whether to launch the business establishment or other support activities for the institute or change its course if the founding legal act determines otherwise.

 

§ 412

 

(1) Unless the founding legal act other restrictions, the Board grants prior consent to the legal acts to which the Institute

a) acquires or disposes of property rights to immovable property,

b) owns immovable thing loads,

c) acquires or disposes of copyright or industrial or

d) shall constitute a separate legal entity or person involved in such investment.

(2) Unless the founding legal act otherwise, given the prior approval of the Board as well as legal acts to which the institution acquires or disposes of ownership of movable property whose value is greater than the minor contracts under the law regulating public procurement.

 

§ 413

Statute of the Institute

 

(1) Determine if the founding legal act or, if appropriate, the Board will issue status and constitution adapted in it internal organization of the Institute and details of its activities.

(2) Department of depositing publish status of the collection of documents. Anyone can register on the status of the public to inspect and take extracts thereof, duplicates or copies. The same law can be applied also at the headquarters of the institute.

 

§ 414

 

Unless the articles of incorporation, constitution of board members that belong to a performance fee and method of its destination, the director belongs to the usual fee and it is considered that the function of members of other authorities are honorary. In this case, the director shall determine the amount of remuneration or the method of determination of the Board.

 

§ 415

 

(1) The Institute is charged separately on the costs and benefits associated with the principal activity, the operation of the business establishment or other ancillary activities and the management institute.

(2) The financial statements auditor verifies the constitution when he imposed the founding legal act or statute, or if the amount exceeds net sales department ten million CZK. In these cases, the auditor also verifies the annual report of the Institute.

 

§ 416

Annual Report

 

(1) Annual Report of the Institute includes, in addition to other requirements laid down in legislation regulating accounting other important information about the activities and management of the institute, including the benefits provided to members of the Institute, and any changes in the founding legal action or changes in the bodies of the Institute membership.

(2) Unless the law of association meetings and other manner of publication, Institute publishes an annual report no later than six months after the reporting period, storing the collection of documents. Anyone can register on the status of the public to inspect and take extracts thereof, duplicates or copies.

 

§ 417

 

If the Department does not meet your long-term purpose, revoke it upon the motion of the person demonstrating a legitimate interest.

 

§ 418

 

In other legal relations of the Constitution shall apply mutatis mutandis to the Foundation; not apply, the provisions of the principal foundation and endowment funds.

 

Part 4

Consumer

 

§ 419

 

Consumer is any person who outside his business or outside the independent exercise of their profession enters into a contract with the entrepreneur or otherwise involved.

 

Part 5

Entrepreneur

 

§ 420

 

(1) Whoever performs independently on their own account and responsibility of trade or employment in a similar manner with the intent to do so consistently for profit, is considered with regard to this business for entrepreneurs.

(2) For the purposes of consumer protection and for the purposes of § 1963, the business also considers any person who enters into a contract related to its commercial, industrial or similar activities or the exercise of his own profession, or a person acting for or on behalf of entrepreneurs.

 

§ 421

 

(1) The entrepreneur is a person registered in the Commercial Register. Under what conditions persons entered in the Commercial Register, the other law.

(2) It is considered that the entrepreneur is a person who has a business to business or other authorization under another Act.

 

§ 422

 

An entrepreneur who does business name, legal acts in the business under his own name, to join him closer to his additions characterizing a person or a commercial establishment must not be misleading.

 

Business Name

§ 423

 

(1) Company name is the name under which the business is registered in the Commercial Register. The entrepreneur may have more commercial enterprises.

(2) The protection of the trade name belongs to the person who used her right the first time. Who was affected in his law firm to business, has the same rights as the protection against unfair competition.

 

§ 424

 

Business name must not be confused with another company or business must not act deceptively.

 

§ 425

 

(1) A person shall be entered in the Commercial Register under the trade name usually formed in his name. A change in his name may be used in a commercial company to continue its former name, however, publish the name change.

(2) Write to the man in the Commercial Register under the trade name other than under its own name, it must be clear that no commercial business entity.

 

§ 426

 

If more commercial plants of several businesses linked to a business group can have their name or business name containing the same elements, but the public must be able to distinguish them.

 

§ 427

 

(1) Whoever acquires the business name, has the right to use it if it has the consent of his predecessor or his successor, but is required to join the business name statement expressing the law of succession.

(2) The conversion of a legal person goes to the legal business name of the successor, with the agreement, the consent of another person is not required. If a person has more legal successors and determines if it is to which one trade name is transferred, the business name does not change any of them.

 

§ 428

 

Withdraw consent to the use of his name in the business name of a legal person is entitled to one who has obtained a valid reason so that after it is not justified to require that his name was used in the business name, such a reason may be particularly prevalent change the nature of the legal entity change in ownership structure or business corporation. Under these circumstances, the right to withdraw consent and the legal successor of the person who gave consent.

 

§ 429

Registered entrepreneurs

 

(1) business office to determine the address registered in a public register. If not registered with an individual as an entrepreneur in a public register, its headquarters location, where the main commercial establishment, or where he resides.

(2) References to the entrepreneur as its headquarters location other than his actual residence, each can call his head office. Against a person who invokes the registered seat of business in the public register, the entrepreneur can not argue that it has its registered office in another location.

 

Representation of entrepreneurs

§ 430

 

(1) If the entrepreneur entrust someone in the operation of the business establishment an action is represented by the person entrepreneurs in all the negotiations that occurred while this activity typically occurs.

(2) Entrepreneurs and committed acts of another person on its premises, if the third party in good faith that the acting person is authorized to act.

 

§ 431

 

Whenever the representative agent to businesses, entrepreneurs undertake legal proceedings, this does not apply to know if the third person of the crossing or had to know about it, considering the case.

 

§ 432

Prohibition of competition

 

(1) A person who acts as agent for service podnikatelův business establishment, shall, without the consent of the entrepreneurs to make their own or someone else's account anything that falls within the field of business competition. If it happens so that the entrepreneur can claim to be his representative of such a refrain.

(2) if the representative was acting on his own account, the entrepreneur may demand that hosts the meeting was declared to have been made on his behalf. If the agent was acting on behalf of another, an entrepreneur may demand that it be forwarded to the right to remuneration or reward, he was released already provided. These rights expire if not exercised within three months from the date on which the entrepreneur learned of the hearing, but no later than year after the date on which the action took place.

(3) Instead of rights under paragraph 2, the entrepreneur may claim damages, but only if he could, and representatives know that their actions harm businesses. He had to have known and also the person in whose favor podnikatelův representative illegally acted, that this is an activity detrimental to the entrepreneur is obliged to pay damages also on.

 

§ 433

 

(1) Whoever acts as an entrepreneur to other persons in economic relations, not their quality expert or exploit their economic power to create or use according to the weaker party and to reach clear and unjustified imbalance in their mutual rights and obligations of the parties.

(2) It is considered that the weaker party is always a person to entrepreneurs in the economic relations among acts related to their own business.

 

§ 434

 

If the entrepreneur can demonstrate to the public, at which point the business will allow the public to join with him in this place into a legal contact within the specified working hours, otherwise the usual time.

 

§ 435

 

(1) Every entrepreneur must be placed on business papers and the information made available to the public through remote access to your name and address. Entrepreneur Incorporated places on the commercial documents also indicate the minutes, including section and inserts; entrepreneur enrolled in a public register shall be marked on their registration in that register; unregistered business in a public register shall be marked on their registration in other records. If the business was assigned identifying information, and the state.

(2) The list referred to in paragraph 1 may give additional information if they are not capable of creating a misleading impression.

 

TITLE III

REPRESENTATION

 

Part 1

General Provisions

 

§ 436

 

(1) Who is legally authorized to act on behalf of another is his agent; representation of the rights and obligations arise directly represented. Unless it is clear that someone is acting for another, rule, act in his own name.

(2) If the representative in good faith or had to know for certain circumstances, to take into account also the case represented, this is not the case, the fact that a representative before the learned representation. If represented in good faith, can not invoke good faith representative.

 

§ 437

 

(1) can be represented by another person whose interests are contrary to the interests represented, unless the contracting agency, represented by such breach knew or should have known.

(2) if the representative acted, whose interest is contrary to the interests represented, with a third party, and knew where this person about the circumstances or had to know about it, you may call it represented. It is understood that there is a contradiction in the interests of agent and principal, if the agent acts as the third person, or if it acts in its own affairs.

 

§ 438

 

A representative is personally. May appoint an additional representative, if the represented agreed or required by the urgent need, however, is responsible for the proper choice of its people.

 

§ 439

 

If the same thing, represented for more agents, it is understood that each of them can act independently.

 

§ 440

 

(1) exceeded the agent to agent, represented undertakes legal proceedings, if the excess be approved without undue delay. This is true even if the law is another person who is not entitled to.

(2) If legal proceedings without undue delay is approved, the person who legally act for another, she obliged. The person with whom the negotiations and in good faith, may require acting to fulfill what was agreed, or to replace damage.

 

Part 2

Terms represented

 

Section 1

General Provisions

 

§ 441

 

(1) If you Ujednají the parties represented by one of them named in the second range as an agent.

(2) Principal zástupčího indicating the extent authorized in the mandate. Except where the representation only to a certain legal proceedings, shall be granted power of attorney in writing. If required for a particular form of legal proceedings, shall be granted in the same form and power of attorney.

 

§ 442

 

The principal can not waive the right to revoke authorization ujednají But if his appeal to the specific grounds of appeal can not be authorized for another reason. This does not apply if the principal has authority to appeal particularly compelling reason.

 

§ 443

 

When authorized legal entity entitled to exercise privileges zástupčího scope of its statutory authority. The performance is entitled to representation and the person designated by the statutory body.

 

§ 444

 

(1) Who own fault causes a third person believing that authorized someone else to a legal action can not invoke the lack of authority, was the third person in good faith and was able to reasonably assume that the authorization was granted.

(2) principal gave the other person know that an agent authorized by law to certain acts, it may be to invoke the powers disappeared later, just as she was before zmocněncovým conduct announced or if the person at the hearing on the dissolution zmocněncově knew.

 

§ 445

 

Acted as a representative of the person unfit in the matter itself legally to act, it can not be relied on against the person in question knew or could know.

 

§ 446

 

Exceeded if the agent and the agent to agree with the principal, it shall notify the person you are legally agent acted without undue delay after the legal proceedings heard. Failing that, the crossing approved, this does not apply if the person with whom the legal acted, and could be no doubt from the circumstances to know that the proxy agent to clearly exceeded.

 

§ 447

 

If the principal's instructions contained in the mandate and had to be known to the person against whom the agent acted, it shall be for breach of their excess zástupčího permission.

 

§ 448

 

(1) The authorization expires executing legal proceedings for which representation was limited; authorization expires, even if the withdrawal of the principal or agent terminates. Death of a principal or agent, or if some of the legal person ceases to exist if there is no longer authorized, unless stipulated otherwise.

(2) Unless the appeal Agents known, has its legal act the same effect as if the authority still continued. This, however, can not invoke party to the appeal authority knew or should have known.

 

§ 449

 

(1) If the principal dies or terminates the authorization agent, agent still do everything that can not be delayed to the principal or his legal successor suffered any loss. His conduct has the same legal effect as if it took more authority, if not contrary to what the principal or even ordered his legal successor.

(2) The Commissioner shall without undue delay after termination of authorization everything he bestowed the principal or the principal as received. He died when an agent has a duty to the principal that everyone has these things together.

 

Section 2

Attorney

 

§ 450

 

(1) authorizes the granting of procuration entrepreneur Incorporated procurator legal actions that occur during operation of the business establishment or branch, and also those for which otherwise requires a special power of attorney. Dispose of or encumber an immovable thing is authorized proxy, if explicitly stated.

(2) The granting of procuration must be explicitly stated that it is a procuration. If the entrepreneur grants procuration for any branch of his business establishment or any of several plants of their business, identify specifically the branch or plant.

 

§ 451

 

Proxy is not entitled to delegate to someone else procuration or other grant procuration, the opposite arrangement is disregarded.

 

§ 452

 

(1) prohibits the grant procuration legal entity.

(2) If a power of attorney granted to several persons, each of which represents businesses separately, unless it is determined at the grant procuration something else.

 

§ 453

 

Restrictions on procuration internal guidelines shall not take effect against third parties even when it was published.

 

§ 454

 

Proxy performs procuration with due diligence.

 

§ 455

 

Proxy is signed by the company business affix its signature and data indicating the procuration, the attorney was granted for a single branch or one of the more commercial establishments, also attach information identifying the branch or plant.

 

§ 456

 

Attorney terminates the transfer or leasing business or a branch plant, for which it was granted. Death entrepreneurs attorney does not expire unless stipulated otherwise.

 

Part 3

Legal representation and guardianship

 

Section 1

General Provisions

 

§ 457

 

Legal representation and guardianship is intended to protect the interests represented and the fulfillment of his rights.

 

§ 458

 

The legal representative or guardian is not legally entitled, under-represented to act in matters relating to formation and dissolution of marriage, exercise parental responsibilities and rights, as well as the acquisition in case of death or declaration of disinheritance and their appeal.

 

§ 459

 

The legal representative may not withdraw the case represented a special popularity, unless justified by the threat to life or health, in the case of a minor who is not fully enjoys the full rights also another compelling reason. Thing special popularity must be represented by left and when placed in a medical facility, in social services, and social and legal protection of children or similar device.

 

§ 460

 

If there is a conflict of interest legal representative or guardian or the interest represented a clash of interests of those who are represented by the same legal representative or guardian, or if there is such a conflict, represented by court appointed guardian ad litem.

 

§ 461

 

(1) Manages the legal representative or guardian of the represented capital, it has the current management of such assets. If it does not matter of routine, required for loading the assets represented by court approval.

(2) A gift or inheritance represented a reference for the condition that it will be managed by a third party, the administration of excluded under paragraph 1. The legal representative or guardian may adopt such a gift, inheritance or reject link; to refuse approval of the court is required.

 

§ 462

 

The legal representative or guardian can request represented a reward for the proxy. However, if the duty to manage assets, may be granted for the administration fee. About the amount the court with regard to cost management, the value of managed assets and proceeds thereof, as well as working time and demand management.

 

§ 463

 

(1) guardian appointed by the court; opatrovníkových simultaneously determine the scope of rights and obligations. A person who has been appointed guardian, the duration of custody becomes a ward.

(2) If so requested by the guardian, the court shall recall him, a guardian appeals court even if they do not fulfill their obligations. At the same time appoint a new guardian's ward.

 

§ 464

 

(1) Except where the management of assets, a person can appoint only one guardian. If the special guardian appointed to manage assets represented or management of its assets and also guardian of the person belongs to another of them represented the exclusive representation in court, even if you managed assets concerned.

(2) If the court appoints guardians and more unless, in those matters, each of which produced legal act for the ward alone, the guardians must act jointly.

 

Section 2

Guardianship man

 

§ 465

 

(1) The court shall appoint a guardian a person when necessary to protect its interests, or if required by the public interest. Court shall be appointed guardian especially to someone in incapacitation limit, the one about whom it is not known where he resides, stranger participating in certain legal proceedings or to the person whose state of health it causes difficulties in administering property or defending rights.

(2) If justified by the circumstances, the court may impose the Depositary, to the extent appropriate, insured in the event that the exercise of its function causes the ward to another person or damage.

 

§ 466

 

(1) The duties of a guardian entitled to keep the ward in an appropriate manner and scheduled flights to the extent required, to show real interest in the ward, as well as take care of his health and take care of filling opatrovancových rights and protect its interests.

(2) decides if a guardian opatrovancových matters ward explain clearly the nature and consequences of decisions.

 

§ 467

 

(1) A guardian in fulfilling their duties opatrovancova legal statement and ensure that his opinions, even if the guardianship shown earlier, including beliefs or religion, systematically take them into account and arranges opatrovancovy affairs in accordance with them. If possible, the guardian shall proceed according to the interests of the ward.

(2) The guardian shall ensure that the way opatrovancova life was not in conflict with his abilities and that, if this is not reasonably disagree, and meet special opatrovancovým ideas and wishes.

 

§ 468

 

Death or a guardian's custody reference and does not expire until the court appoint a new guardian's ward, transferred to the Public Guardian under another law.

 

§ 469

 

(1) A person, whose health has to manage its assets or in defending his rights problems, the court appoints a guardian to his proposal and in accordance with such a proposal determines the scope of the guardian. The proposal also ward guardian appeals court.

(2) A guardian is usually in conjunction with the ward, the guardian acting alone, acting in accordance with the will of the ward. If you can not find the will of the ward, the guardian decides on a proposal from the court.

 

§ 470

 

If you bear some of their wealth manager himself, he can not appoint a guardian to manage property. This does not apply, unless the administrator of the unknown, refuses to act in the interest represented or neglected this obligation, or is unable to manage assets.

 

§ 471

 

(1) If the court decides on the appointment of a guardian a person may do so only after his views, if there are insurmountable obstacle; must also listen to his statement, or otherwise determine its position and build on it.

(2) The court appointed guardian of the person who suggested guardianship. If possible, the court appointed guardian, usually a relative or another person close to the ward, the ward who can demonstrate a long-term and serious interest and ability to manifest it in the future. If you can not even, the court appointed guardian, another person who qualifies to become a guardian, custodian or public under another law.

(3) Eligibility to be a public guardian is in the municipality where the residence of guardianship or legal person established by the municipality for the tasks of this kind of appointment of public guardian under another law is not subject to his consent.

 

Guardian Council

§ 472

 

(1) If the appointed guardian, a guardianship or any person close to the ward to ask advice on the establishment of guardianship, the guardian shall convene a meeting of close friends and his ward, if known to him, so that a meeting was held within thirty days after receipt of the request . If the meeting convened in time or if not held for any other reason, or if not elected to the Guardian Council, convene a meeting of the court, even without a petition.

(2) The meeting may participate in guardianship, every person close to the ward and any of his friends, though not invited, each of whom has one vote. Attend the meeting if at least five persons may be elected Guardian Council.

 

§ 473

 

(1) Persons present at the meeting shall elect members of the Board of guardianship, or their alternates, by majority vote. When the choice must be respected, if possible, a balanced representation of persons listed in § 472nd

(2) Member opatrovnické Board may be just the person who certifies the ward long-term and serious interest and ability to manifest it in the future and whose interests do not contradict the interests of the ward. The guardian can not be a member of the Board of guardianship.

 

§ 474

 

Guardian Council has at least three members. It is able to pass resolutions in the presence of most members, however, when three members of the Guardian Council, requires the presence of all. Guardian Council decisions are taken by majority vote of members present.

 

§ 475

 

The election of Board members and alternate custodian shall prepare a registration clerk, designated by the present. The registration must be clear when the meeting took place, who attended her, who was elected secretary, a member of the Board and sub custody and how many voices, whether the hearing against anyone protesting and why. Protests submitted in written form must be attached to the minutes. Writing on the election of board members opatrovnické clerk delivers the guardian and the court appointed guardian.

 

§ 476

 

(1) The court may, on application of any guardian or a person authorized to attend the meeting, or a motion to declare election invalid if it occurred at such a violation, as a result, there opatrovancova injury. In this case, the court shall order without delay re-election.

(2) If there are serious reasons for it, the court may initiate proceedings to suspend the exercise of guardianship board member until a decision on the invalidity of the election.

 

§ 477

 

(1) guardianship council member is elected for an indefinite period. From his office may withdraw, the withdrawal is effective delivery of written notice to the Depositary and the court. Withdrawal shall notify other members of the guardianship council.

(2) The court may remove from office a member of the Council on a proposal opatrovnické guardian or any of the persons entitled to attend the meeting, or on its own initiative, if a member of the Board opatrovnické seriously or repeatedly violates its obligations, they lose the interest of the ward or to find themselves His interests are repeatedly in conflict with the interests of the ward. The provisions of § 476, paragraph 2 shall apply mutatis mutandis.

(3) Upon termination of the guardianship board member of the guardian or custodian Board Chairman will arrange a new election board member or alternate custodian. Not take place if the election without undue delay, the court pursuant to § 472 paragraph 1, mutatis mutandis.

 

§ 478

 

(1) Guardian Council shall meet at least once a year, the meeting convened by its chairman or guardian, custodian or any member of the Board or upon the motion of a person who can demonstrate serious interest in the ward, or its own motion.

(2) Guardian Council meeting to invite ward and guardian.

(3) The minutes of a meeting of the Board of guardianship must be clear, when held, who attended him, what decisions were taken, who raised a protest and who took writing. Unless stated on the record who voted for the proposal and one against the proposal, it is considered that all Council members present voted for guardianship adoption of the proposal. Write the President delivers the tutelary guardian council and the court appointed guardian.

 

§ 479

 

(1) Guardian Council, at its regular meeting, the guardian shall consider a report on its activities in ward affairs, comments on the inventory of assets of the ward and his administration bill also bill any fees for managing the property guardian.

(2) if agreed on the Guardian Council, members of the commission shall submit its resolution to the court's proposal to change the fees for managing the assets of a guardian ward.

(3) if agreed on the Guardian Council, an authorized member shall submit its proposal for the abolition of court custody, or guardian to appeal and its replacement by another person.

 

§ 480

 

(1) Without the consent of the custodial guardian council may decide to

a) change of residence ward,

b) the location of the closed ward department or similar facility when the health of the ward apparently does not require or

c) interfering with the integrity of the ward, unless the surgery without serious consequences.

(2) Without the consent of the custodial guardian council shall not dispose of property of ward, in the case of

a) the acquisition or disposal of property worth more than the amount corresponding to one hundred times the subsistence individual under other legislation

b) the acquisition or disposal of property exceeding one-third opatrovancova property, unless this third value represents only a minor, or

c) the receipt or provision of loans, credit, or certainty in the values ​​referred to in subparagraph a) or b)

unless such a decision requires court approval.

(3) If it is in the interest of the ward, the Guardian Council to act, what other decisions the guardian of the ward is subject to its consent for such resolution may limit the guardian in excess of reasonable circumstances.

 

§ 481

 

Opatrovnické member council, which voted for its decision, guardian or guardianship may, within fifteen days of receipt of the decision to request the court to set aside the decision opatrovnické board and replaced them with his decision. Until the court decides, the decision comes into legal guardianship board effects.

 

§ 482

 

(1) If the Guardian Council set up by a lack of a sufficient number of persons listed in § 472, paragraph 1, or other similar reasons, upon the motion of some of these people decide that the scope of the guardianship council will carry out only one of these people and decide At the same time of her appointment.

(2) If elected Guardian Council and if possible, or procedure pursuant to paragraph 1, measures approved guardian or ward sides of his property instead of court guardianship council.

 

§ 483

 

(1) to approve the court, the guardian must agree with the change of status ward.

(2) Manages the guardian opatrovancovo fortune, not without the consent of the court, the court did not rule on other restrictions

a) undertake ward to fulfill one of the guardianship council members or persons close to that member,

b) acquire immovable thing for the ward or an interest in her, nor opatrovancovu immovable thing, or any contribution to alienate or encumber,

c) to acquire the plant ward business, share trading business or share in the legal person or the property to dispose of or encumber, this does not apply in the case of subscriber acquisition or similar securities ensuring the safe return

d) enter into a contract binding him ward in a continued or repeated performance for more than three years

e) to refuse inheritance or other benefits from the estate or

f) undertake ward on free performance of another person unless it is a gift made to the usual opportunities according to the principles of decency in a reasonable range and is capable of guardianship judgment and expressed agreement with the gift.

(3) Notwithstanding the provisions of paragraph 2, the guardian may, if approved court to deal with the property of the ward, in the case of

a) the acquisition or disposal of property worth more than the amount corresponding to the minimum subsistence pětisetnásobku individual under other legislation

b) the acquisition or disposal of property exceeding one half opatrovancova property, unless that is the value of half a very small and is not a thing that is special things for the ward popularity or

c) the receipt or provision of loans, loan or security, in terms of paragraph a) or b).

(4) The court before a decision under paragraphs 1 to 3 require the opinion of the guardianship council. Informs the Council considers opatrovnická opinion within a reasonable time, then the court decides itself.

 

§ 484

 

(1) A legal person whose principal activity is to care for people with disabilities and protect their interests, has the right to propose that the meeting was convened to establish a guardianship council.

(2) A legal person whose principal activity is to care for people with disabilities and protect their interests, which operates in the Czech Republic for at least three years and was a regular ward in combination at least three months, has the right to be a member of the Board or opatrovnické attend its sessions, to establish a guardianship board and ask the court to make custody decisions council is abolished and replaced by its decision. Not however, if such person, their rights in conformity with the interests of the ward, the court had the right to draft ward, guardian or members of the Board opatrovnické withdrawn.

 

§ 485

Inventory management and accounting of assets

 

(1) A guardian who manages the assets of the ward, carried out within two months after his appointment an inventory of assets managed and delivered by a court ward and opatrovnické Council.

(2) The custody of a guardian shall prepare a statement of trusts annually by 30 June, unless the guardianship council members agreed that the bill submitted earlier. If an important reason for it can guardianship or Guardian Council to request the court to order the guardian required to produce an extraordinary statement. Guardian delivers every bill ward, guardianship council and court.

(3) Guardian, the function ends, delivers the final bill ward trusts, guardianship board and the courts or the legal guardian or another Commissioner appointed in probate proceedings. Death of a guardian, the court which appointed him, deeds and other documents relating to the affairs of his ward, and anyone who has these documents and papers together.

 

Section 3

Guardianship of a legal person

 

§ 486

 

(1) The court appoints a guardian of a legal person that needs to be managed her affairs or to be defended its rights.

(2) a legal guardian, the court may appoint a person only a person who meets the conditions for eligibility to be a member of the Board. If the guardian ceases to meet these conditions, it shall notify the court without undue delay. If it knows the court that the guardian of these conditions does not, replace it without undue delay, the new guardian.

 

§ 487

 

(1) The rights and obligations of the guardian of a legal person shall apply mutatis mutandis to the rights and obligations of a statutory authority. The scope of a guardian is adequately covered by the provisions on statutory authority.

(2) The court shall impose the Depositary that, with due diligence efforts to resume the proper statutory body, if necessary, the court further define the scope of the guardian with regard to the scope of other bodies of legal entities or associates as well as rights.

 

§ 488

 

Determines if the founding legal proceedings that legal person to be appointed as a guardian for a person, the court appointed guardian of such person, if eligible to do so and agrees to the appointment.

 

TITLE IV

AFFAIRS AND DISTRIBUTION

 

Part 1

General Provisions

 

Provisions of § 489Všeobecná

 

The case in the legal sense (the "thing") is all that is different from the person and the need to serve people.

 

§ 490

 

Case designed for general use is a public good.

 

§ 491

 

(1) The fetus is what provides a regular thing from their inherent nature, as given by the usual expedient identification and appropriate to it, whether by self or person without it.

(2) The benefits are what matter regularly gives of their legal nature.

 

§ 492

 

(1) The value of things, if it can be expressed in money, is its price. Price is determined by things like the usual price, unless otherwise agreed or provided by law.

(2) Special price things down, if its value is replaced, subject to the special circumstances, or due to the popularity of special properties of random things.

 

§ 493

 

The human body and its parts, although they were separated from the body, not a thing.

 

§ 494

 

Live animal has a special meaning and value as an already talented senses alive. Live animal and not a matter to the provisions on the live animal shall apply mutatis mutandis to the extent in which it does not contradict his nature.

 

§ 495

 

Summary of what a person belongs, consists of its assets. Name of the person consists of the sum of its assets and its debts.

 

Part 2

The division affairs

 

§ 496

Things tangible and intangible

 

(1) Tangible thing is to handle part of the external world, which is the subject of a separate nature.

(2) Intangible things are right, the nature of it admits, and other things without physical substance.

 

§ 497

Controllable forces of nature

 

The controllable forces of nature, which are traded shall apply mutatis mutandis to material things.

 

§ 498

Immovable and movable

 

(1) real estate property land and underground construction with a separate special-purpose uses, as well as property rights to them, and rights for immovable property declared by law. When provided by other legislation, that a thing is not part of the land, in the absence of such a thing to pass from place to place without violating its essence, this thing is immovable.

(2) All other things, whether their tangible or intangible nature, are movable.

 

§ 499

Fungible thing

 

Movable thing that can be replaced by another of the same kind of thing is fungible, other things are irreplaceable. In case of doubt the case will be examined by customs.

 

§ 500

Fungible thing

 

Movable thing which is commonly used in its consuming, processing or disposal, is fungible; are fungible and the movables belonging to the warehouse or to another file, if their use is common in that they are sold individually. Other things are nezuživatelné.

 

§ 501

Bulk thing

 

Collection of individual things belonging to the same person, regarded as one subject and as such, bearing a common designation is seen as a whole and form a collective thing.

 

§ 502

Commercial plant

 

Commercial plant (hereinafter referred to as "race") is an organized set of assets that the entrepreneur who created and used in his will to carry on its activities. It is considered that the plant consists of everything that usually used for its operation.

 

§ 503

Branch

 

(1) Branch is part of such plant, which has economic and functional autonomy and entrepreneur who decided to branch.

(2) If the branch is entered in the Commercial Register, it is a branch, it applies to other organizational unit, if the other enactment provides that the registration in the Commercial Register. Branch Manager is authorized to represent businesses in all matters relating to the branch after the date on which it was as head of the branch is registered in the Commercial Register.

 

§ 504

Trade secrets

 

Trade secrets are competitively significant, identifiable, valuable and relevant business circles generally unavailable facts that relate to race and the owner of their interest in ensuring its adequate classification.

 

Part 3

Part of the case and accessory case

 

Part of things

§ 505

 

Part of the matter is all there is to it belongs by its nature and what can not be separated from the case without this thing canceled.

 

§ 506

 

(1) The land surface is the space above and below the surface, buildings established on the land and other facilities (hereinafter referred to as "building"), excluding temporary buildings, including what is embedded in land or fixed in the walls.

(2) If no underground construction immovable property is part of the land, and it affects the other site.

 

§ 507

 

The land is resulting vegetation on it.

 

§ 508

 

(1) The machine or other device attached (the "machine") is not part of the immovable property registered in the public list, if it was with the consent of the owner's written objection to the same list that the machine is not his property. Reservation will be deleted if it shows real estate property owner or other person authorized to do so under the registration in a public list, the owner of immovable property became the owner of the machine.

(2) If such a machine be replaced by a machine that is part of the immovable property, can an exception to the list, the public, unless the person enrolled in a more favorable turn raises resistance. The right of resistance, however, has a person whose right to registration of reservations can not be shortened or the person whose claim has been met for that purpose can be met and the claim still immature.

 

§ 509

 

Utilities, particularly water supply, sewerage or power lines or other, are not part of the land. It is understood that part of the utilities and construction and technical equipment with them operationally linked.

 

Case Accessories

§ 510

 

(1) Case Accessories is a minor thing the main thing for the owner, if the purpose of minor things to it constantly received along with the main thing in their economic destination. If the matter side of the main things temporarily separated, continues to be accessories.

(2) It is understood that the legal proceedings and the rights and obligations relating to major matter of concern and accessories.

 

§ 511

 

If in doubt whether something is accessory things, assess the case according to custom.

 

§ 512

 

If the work part of the land, things are by the owner at the construction site facilities, if the purpose of enabling them to build or land within their economic purpose continuously utilized.

 

§ 513

 

Accessory receivables are interest, default interest and costs associated with their application.

 

Part 4

Securities

 

Section 1

General Provisions

 

§ 514

 

A security is a deed with which the law in such a manner that is the issue of security can not be without this instrument apply neither to convert.

 

§ 515

 

If the issuer has not issued a security as a separate species with appurtenances modified by law, charter must specify at least a reference to the conditions of issue law, which is associated with the security, and information about the issuer.

 

§ 516

Fungible securities

 

(1) Securities of the same type issued by the same issuer in the same form, giving rise to the same rights are substitutes.

(2) The signature of the issuer to fungible securities may be replaced by its imprint, if they are currently used in the document security features against forgery or alteration of it.

 

§ 517

 

If the security of the person committed is different from the issuer and if he violates his duty, replacing the issuer of the damage caused.

 

§ 518

Form of security

 

(1) A security may take the form of securities to bearer, to order, or in the name.

(2) If the security name of an authorized person, it is considered that this is a valuable paper on the series. Unless the security name of an authorized person is true that they are bearer securities.

 

§ 519

Issue of securities

 

(1) Date of issue of securities shall mean the date may be issued to the first purchaser of a security. Unless specified otherwise, the date of issue of securities by the issuer.

(2) Issue of defining rights and obligations of the issuer and the holders of securities, as well as detailed information on the issue.

 

§ 520

Issue of securities

 

(1) A security shall be issued on the date which satisfies the requirements set for it by law or other legislation and in the manner in which the property will become the first purchaser.

(2) The amount of money for which the issuer of a security issue, the issue price of securities.

 

§ 521

 

(1) If a purchaser in good faith, that shall duly issued a security is issued even though the requirements were not complied with the procedure for issue of securities or the securities become the property of the initial purchaser specified manner.

(2) A person whose rights have been affected by the requirement of the procedure have not been observed for the release of a security or that the securities become the property of the first acquirer laid down shall be entitled to compensation from the issuer, to the person who acted in this matter on behalf of issuer, or on his behalf, as provided herein.

 

§ 522

Counterparts

 

(1) If a security is issued in several originals, copies must be numbered in the text document, or a copy of each considered a separate security.

(2) If there was filled on one copy, void of all other rights counterparts.

 

§ 523

Coupon

 

(1) If a security linked to the right of return can be used to exercise this right to issue a coupon bearer bonds, coupons are issued at a coupon sheet. If part of the coupon sheet talon, implies a right to issue new coupon sheet, talon is not security.

(2) The coupon must contain at least information on

a) the type and issuer of securities to which it was issued, the Certificate was issued to a security is required and its numerical designation,

b) the amount of yield or the method of determining and

c) the date and place of exercising the right to return.

 

§ 524

Bulk List

 

(1) fungible securities can be replaced by public deed. To issue and issue public documents, the same conditions as for the issue of individual securities. Bulk list containing at least the essentials which the law provides for individual securities, including its number.

(2) The owner of a bulk certificate has the right to exchange it for individual securities, the issuer determines the conditions for the exchange, then the following conditions.

(3) The rights of an instrument of mass transfer can be divided into shares. This does not apply if there is immobilization of securities in its custody bulk in which case they must respond to each share of such securities, which are replaced by public deed.

 

Section 2

Book-entry securities

 

§ 525

Book-entry securities

 

(1) If the security is replaced by the corresponding entry in the register and can not be transferred other than by changing the entry in the record, this is a book-entry security. Uncertificated securities are fungible, if issued by the same issuer, and if they arise from the same rights.

(2) The provisions of the Securities Act shall apply to uncertificated securities, unless it excludes their nature, this law or other regulation.

 

§ 526

Registration of uncertificated securities

 

Registration of uncertificated securities are recorded in the asset accounts, they are the account owner or account customers.

 

§ 527

The account owner

 

(1) The owner of the account are recorded in the book-entry securities for which the account was established.

(2) It is understood that the owner of book-entry security is the person on whose account owner's book-entry securities registered.

 

§ 528

Account customers

 

(1) The client account are recorded in book-entry securities of those book-entry security entrust those for whom the account was set up by customers.

(2) The person for whom the account was established customer, not the owner of uncertificated securities registered in this account.

 

Section 3

The conversion of securities to book entry securities

and conversion to book-entry security security

 

Subsection 1

The conversion of securities to book entry securities

 

§ 529

 

(1) If the issuer has decided to convert the securities to book entry securities, without undue delay, make public its decision including the period within which the owner of the security issuer securities are cast, and the decision at the same time publish a manner allowing remote access.

(2) to identify the prohibited period for submission of the issuer of a security less than two months nor more than six months from the date of publication of the decision.

(3) An issuer, other legislation which requires owners to keep records of securities, it shall send the person named in these records and the address where the notice of conversion of securities to book entry securities.

 

§ 530

 

(1) The owner shall notify the securities in its submission to the issuer's account number in a register to which the security be registered, if this information is communicated to him, determined him to the issuer additional period of not less than two months.

(2) If the owner handed over security and the issuer has not communicated to him the account number in a register to which the security be registered, even within an extended period, it goes to the issuer's ownership of this valuable paper on the date for it's owner pay a fair price.

 

§ 531

 

If the owner of a security in default of submitting a security issuer to determine its surrender additional time as provided for in § 529, paragraph 1, and its publication warns that the security that will not be handed over or within the additional period, the issuer declared invalid .

 

§ 532

 

(1) Upon request of the issuer filed a central depository book-entry securities to the central register like the issue book-entry securities and registered securities in the equity accounts mentioned in the application. The application submitted by the issuer after the deadline specified in § 529, paragraph 1, or even before its expiration, if it has been handed over all securities, not later than the end of that period.

(2) The application for registration of the issuer's book-entry securities to the central register in the registration of the whole issue is not with the securities traded on a regulated European market.

 

§ 533

 

(1) A security that is not delivered, the central depository registered on a special technical account; technical account owner is the issuer. Registration of the on this account, these securities are converted into dematerialized securities.

(2) The right to income from the securities referred to in paragraph 1 for the period from the closing date pursuant to § 529 paragraph 1 is reached before the owner of the security issuer security surrender.

 

§ 534

 

(1) Unless the security is given or within the additional period, the issuer declares it null and void.

(2) The statement shall void the security issuer sells the book-entry securities, which it replaces, with professional care. If the issuer decides to sell the book-entry security at public auction shall publish the place, time and subject of the auction at least two weeks before the event.

(3) The issuer pays the proceeds from the sale of book-entry securities to a person whose security has been declared invalid, the set-off arising from issuer of the security certificate is invalid and the sale of book-entry securities, which it replaces.

 

§ 535

 

The provisions of § 529, 531 to 533 shall apply mutatis mutandis to securities that are converted to book-entry securities to be kept in a separate register.

 

Subsection 2

Conversion of book-entry securities to securities

 

§ 536

 

If the issuer has decided to transform the book-entry securities on a security without undue delay its decision to publish the decision and publish the same period in a manner allowing remote access.

 

§ 537

 

(1) The central depository shall send to the issuer within thirty days of receiving notice of the conversion of the issuers of securities in book-entry security, listing and follow-up of a central register containing information on the issue of book-entry securities, the holding of uncertificated securities, whether it has been handling book-entry security has been suspended and that the book-entry security stopped including the designation of the pledgee.

(2) The central depository account holder or customer may make a copy of the statement in its records relating to any entry book-entry security přeměňovaného on security.

 

§ 538

 

(1) The central depository shall cancel registration of book-entry security, the date specified by the issuer, but not before the date of issue of an extract according to § 537 paragraph 1 and not later than one month from the date on which the statement was drawn up.

(2) Cancellation of registration of book-entry securities central depository shall notify the organizer of a European regulated market on which such book-entry securities admitted to trading, central depository participants, who shall notify the owners of book-entry securities account holder customers.

(3) The account holder customer cancels dematerialized securities on the same day as the central depository.

 

§ 539

 

(1) The owner of book-entry securities, which was converted into a security, a record date of cancellation of a booked security right to the surrender of the security issuer.

(2) security shall be issued no earlier than the date of cancellation of registration.

 

§ 540

 

(1) If the date of cancellation of registration of book-entry securities suspended disposition of securities, which had ordered the public authority shall give the issuer of the security authority.

(2) If the date of cancellation of registration of book-entry securities suspended handling the book-entry security, which gave the order to the person entitled under the law governing business in the capital market, there will be the owner of book-entry securities entitled to delivery of securities after the expiry of the period for which the handling of book-entry security is suspended. This does not apply if the person who gave the command to use it suspended, agrees to surrender the securities owner.

 

§ 541

 

(1) If the date of cancellation of registration of book-entry security book-entry security is stopped, remain unaffected by the effects of stopping, the right to surrender the securities created pledgee. The obligation to deliver securities, the issuer also met by the consent of the pledgee issued securities deposited in escrow for the benefit of the owner and custodian shall forward the original security agreement or a certified copy.

(2) In case of conversion of securities in book-entry securities to the issuer series on it marked the declaration of suspension of the security.

 

§ 542

 

(1) After the cancellation of registration of book-entry securities by the issuer without delay publish a call from the owners of securities of the issue to their acceptance and challenge at the same time publish a manner allowing remote access. Deadlines for receipt of security shall be determined in the call by analogy with § 529 paragraph 2 and § 531st

(2) In the name of security or issuer will send the series to take the challenge to the security office or residence address of the owner referred to in the records.

 

§ 543

 

(1) If the owner does not take security even within an extended period, the issuer sells it with professional care. If the issuer decides to sell a security at public auction shall publish the place, time and subject of the auction at least two weeks before the event.

(2) The issuer pays the proceeds from the sale of a security to the owner after set-off arising from issuer in connection with its sale.

 

§ 544

 

The book-entry securities held in a separate register to § 536 to 543 shall apply mutatis mutandis.

 

TITLE V

LEGAL ISSUES

 

Part 1

Legal negotiations

 

Section 1

General Provisions

 

§ 545

 

Legal negotiations give rise to legal consequences, which are expressed in it, and the legal consequences arising from the law, good morals, customs and practices established parties.

 

§ 546

 

Is it possible to legally act or omission, may be done explicitly or otherwise nevzbuzujícím doubt about what the person is acting like effect.

 

§ 547

 

Legal negotiations must conform to the content and purpose of morality and law.

 

Condition

§ 548

 

(1) Establishment, modification or termination of rights is subject to compliance with conditions. If the extinction of a right or duty bound to an impossible condition to her account.

(2) The condition of the swap depends on when the meeting whether the legal consequences of negotiations occur. The condition is an expiry depends on when the meeting whether the legal consequences already occurring no longer exist.

(3) does not follow the rule of his conduct or nature of something else, it is considered that the condition of the swap.

 

§ 549

 

(1) A condition shall be disregarded if it causes intentionally meet someone who is not authorized to do so and that is a condition for benefit.

(2) frustrate the purpose, without authorized to do so, the condition side of that is failure conditions to benefit, the conditions to be met.

 

§ 550

Proof time

 

If the effectiveness of legal proceedings determined by the initial period shall apply mutatis mutandis § 548 and 549 of the storage condition. Cutting effectiveness of the final period of negotiations shall apply mutatis mutandis § 548 and 549 of an expiry condition.

 

Apparent legal proceedings

§ 551

 

The legal act is not the absence of the will of the acting person.

§ 552

 

The legal proceedings can not, unless clearly demonstrated a serious intention.

 

§ 553

 

(1) The legal act is not, can not be vague or incomprehensible to determine its content and interpretation.

(2) If a declaration of will between the parties subsequently clarified to account for the defect and looks as if there were legal proceedings from the beginning.

 

§ 554

 

The apparent legal act shall be disregarded.

 

Section 2

Interpretation of legal proceedings

 

§ 555

 

(1) The legal act is judged according to their content.

(2) In order to conduct certain legal obscured other legal action shall be assessed according to its true nature.

 

§ 556

 

(1) What is expressed by words or otherwise, according to interpret the intention of acting, if it was such an intention known to the other side, or had to know about it. If you can not determine intent, acting, attaches importance to the expression of will, what would normally attach to him in the position of the person to whom it is intended to indicate their wishes.

(2) In the interpretation of speech will be taken into account to the practice established between the parties in legal transactions, to what the legal negotiations before, as well as how the parties subsequently made it clear what content and meaning of the rule of conduct attached.

 

§ 557

 

Admits the expression used a different interpretation to interpret the doubt to the detriment of those who used the phrase first.

 

§ 558

 

(1) The legal relations with the entrepreneur, the term připouštějícímu different interpretations ascribe importance in such regular contact. However, if the other party entrepreneur, the one who invokes to prove that the other side of such importance had to be known.

(2) In legal transactions of entrepreneurs into account the commercial practices generally maintained by or within the industry, unless it excludes arrangements between the parties or by statute. Unless other arrangements, the commercialism takes precedence over the provisions of the Act, which has a coercive effect, or business practices may call, if he proves that the other party had a practice familiar with the procedure under it understands.

 

Section 3

Form of legal proceedings

 

§ 559

 

Everyone has the right to choose any form of legal proceedings, unless restricted in the choice of forms of agreement or by law.

 

§ 560

 

Writing requires a legal act establishing or transferring a right in immovable property, as well as legal action which such right shall amend or repeal.

 

§ 561

 

(1) The validity of the legal action by writing in the signature of the acting. The signature may be replaced by mechanical means, where it is normal. Another piece of legislation sets out how the legal proceedings can be made electronically sign the document electronically.

(2) If more people require their speeches on the same document in legal proceedings establishing or transferring a right in immovable property or right to which such amended or repealed.

 

§ 562

 

(1) The written form is maintained in legal proceedings made by electronic or other technical means to capture its contents and destination of the acting person.

(2) It is understood that records data on the legal proceedings in the electronic system are reliable, if they are performed systematically and sequentially, and if they are protected against changes. He was alert to the operation of the plant and allows it if the other party to your advantage, it is considered that the record is reliable.

 

§ 563

 

(1) If the written law is one who can not read and write, but is able to become familiar with the contents of the legal instruments through negotiation or any specialized tool or through another person of their choice, bear the signature of the instrument, if not in a position to sign, instead of making the signature of at least two witnesses on the list of your own hand or otherwise indicate to which one of the witnesses shall be credited by name acting.

(2) The Witnesses § 39 shall apply mutatis mutandis.

(3) If you can not proceed in accordance with paragraph 1, requires the conduct of a person who can not read and write, a form of public documents. This form is required even if the law provides that the speech will be acting on a paper written by his own hand. If the acting position, connects to write about their own legal proceedings signs.

 

§ 564

 

If required by law to conduct a legal form, can act to change the content of the speech will be equal to or more stringent form, if required by this form only arrangements between the parties can change the content of the meeting in another form, if it does not preclude arrangements between the parties.

 

Section 4

Private charter and public charter

 

Private Charter

§ 565

 

It is for anyone who relies on private documents to prove its authenticity and accuracy. If a private document used against the person who signed the deed apparently, her heirs or against it or against it, who acquired wealth in the transformation of the legal person as its legal successor, it is considered that the authenticity and accuracy of the instrument was recognized.

 

§ 566

 

(1) If a private document signed, on who used it to prove that it comes from a person about whom it says.

(2) It is understood that the documents relating to the legal facts that occur during normal operation of the plant, show relies on them if the other party to your advantage, what is contained in the document and that document was issued at a time on it mentioned, this applies even if the deed was signed.

 

Deed

§ 567

 

Deed is a document issued by a public authority within its jurisdiction or any instrument, which declares a public charter law, this does not apply if they have such defects that it looks as if it was not a public document.

 

§ 568

 

(1) If a fact confirmed in a public document, it constitutes full proof against any of origin documents from the authority or person who established it, the time of the instrument, as well as facts on which the originator of a public document confirmed that the His presence had occurred or was, until the contrary is proved.

(2) captures the public document will address the person in legal proceedings and if the acting is signed, it constitutes full proof against any such expression of will. This is true even if the signature was replaced by acting in a manner specified by law.

 

§ 569

 

If the official document taken to contradict previous public instrument of legal proceedings between the same parties, take effect against third persons, if it was the content published in the public list, or if it was submitted to a third party.

 

Section 5

Legal actions against the absent person

 

§ 570

 

(1) The legal act has to absent person from the moment her expression will occur; deliberately frustrate the other party occur, the proper place.

(2) The act does not act against a person who is not fully enjoys the full rights before the manifestation of the will is its legal representative or guardian. Pursues a legal act, however, provide such person only advantage legislation, has no legal proceedings from the moment when it is made to such person.

 

§ 571

 

If due to altered expression of the will of the funds used by the person who acted, or other circumstances arising during transport, assessment of the legal case under the provisions of the error.

 

§ 572

 

A person acting in writing, may revoke its declaration of will, if there is an appeal by the other side simultaneously with the original act.

 

§ 573

Presumption time of receipt thereof

 

It is understood that an item is sent using the postal services reached the third working day after dispatch, if it was not sent to another State, the fifteenth working day after dispatch.

 

Section 6

The invalidity of any act

 

General Provisions

 

§ 574

 

The legal action is to be regarded as a more valid than a void.

 

§ 575

 

If an invalid legal act other legal requirements, behavior that is valid, the following shall apply other legal action if it is obvious from the circumstances that expresses the will of the acting person.

 

§ 576

 

Where an invalidity reason only of such legal proceedings, which can be from the other content are inseparable, is invalid only that part of it can be assumed that the legal action took place without the invalid part, recognizes the invalidity of the party on time.

 

§ 577

 

If the ground of invalidity only illegal quantitative determination, timing, spatial extent or another, the court changes the range to match the layout spravedlivému rights and obligations of the parties, the parties' is not restricted, but consider whether a party to legal negotiations proceeded at all, recognized the invalidity of the time.

 

§ 578

 

Errors in writing or numbers are not a legal act to the detriment, if its importance is unquestioned.

 

§ 579

 

(1) If someone caused an invalid legal act, does not have the right to argue invalidity or exercise of invalid legal act for himself an advantage.

(2) Who caused the annulment of legal action for damages arising out of the party who was unaware of invalidity.

 

The main grounds for invalidity

§ 580

 

(1) is invalid legal act that is contrary to good morals, as well as legal action which is contrary to law, if the meaning and purpose of the Act requires.

(2) is invalid legal act, if it is to be filled by something impossible.

 

§ 581

 

If a person fully enjoys the full rights is invalid legal act, which is not eligible. Illegal conduct is a legal person acting in a mental disorder that makes her legally incompetent to act.

 

§ 582

 

(1) If legal proceedings made in the form agreed by the Parties or prescribed by law is void, unless the defect subsequently heal. Contains an expression of the will at the same time more legal action does not lack of forms required for some of them on its own nullity of the other.

(2) If compliance with the legal form of conduct agreed by parties, it can be argued invalid, but not if already filled. This is true even if required by a particular form of legal proceedings provisions of Part Four of this Act.

Mistake

§ 583

 

If someone acted in error by determining the circumstances and has been shown to mislead the other party is a legal act invalid.

 

§ 584

 

(1) If a mistake by the fact that neither party did not claim to be decisive, is a legal act in force, but the person misled the claim the mistake right to adequate compensation.

(2) If legal proceedings in error induced by stealth, the legal act is invalid, even though the error concerns only secondary considerations.

 

§ 585

 

If the error caused the intervening third person, a legal act in force. She however, if the person with whom the law was to share an act of a third party, or knew about it or at least should have known, it is also the originator of that person wrong.

 

Consequences of the invalidity

§ 586

 

(1) If an invalid legal act established to protect the interest of a person may only object invalidity of such person.

(2) invoke the invalidity of the legal person authorized to conduct legal proceedings shall be deemed to be valid.

 

§ 587

 

(1) Who was forced to conduct a legal threat of physical or mental violence, causing, given the importance and likelihood of imminent danger as well as personal qualities of which was threatened, his reasonable fear, has the right to argue invalidity of legal action.

(2) Who else brought negotiations to a legal threat or deceit, replace each of which caused injury.

 

§ 588

 

The court shall take into account its own motion for invalidity of legal acts which are clearly abhorrent to morality or which contravenes the law and manifestly contrary to public order. This is true even if the legal act obliges to perform the impossible from the beginning.

 

Section 7

The relative ineffectiveness

 

§ 589

 

(1) Reduce the legal conduct of the debtor to meet the enforceable creditor, the creditor is entitled to claim that the court has determined that all acts of the debtor to the creditor is not legally effective. This right of the creditor even if the third party's right already enforceable, or if it was already satisfied.

(2) inefficiency of the legal act of the debtor is determined by a court decision on the application, the lender, which contradicted the rule of the debtor (defendant action).

 

§ 590

 

(1) The creditor may invoke the ineffectiveness of legal action

a) the debtor made the last five years, intends to reduce its creditors, if such was the intention of the other known

b) which the debtor in the last two years cut short his creditors, had to be known to the other side of the debtor's intention to reduce the lender, or

c) which has been reduced and to which the lender in the past two years, between a debtor and a person close to him or made by the debtor in favor of such persons, unless the other side at a time when it became legal proceedings, the debtor's intention to reduce the lender was not known and not known to be not have to.

(2) The creditor may invoke the ineffectiveness of the purchase or exchange contracts in the last year, had the other party to identify the debtor's meeting a waste of property which the debtor's creditor squeezed.

 

§ 591

 

Ineffectiveness of free legal negotiations with the debtor, the creditor may invoke if it occurred in the last two years. This does not apply in the case of

a) fulfillment of obligations imposed by law,

b) the usual occasional gifts

c) the dedication made by a reasonable amount to publicly beneficial purpose, or

d) transactions that are accepted moral considerations of decency or commitment.

 

§ 592

 

As legal proceedings referred to in § 590 or 591 shall be assessed and omissions, which the debtor has lost the right or property for another person to each establishment, maintenance or security nature of its right to property caused. This applies even if the debtor refused heritage, unless it was over-indebtedness.

 

§ 593

 

Reserve if the creditor before the claim becomes enforceable right to invoke the ineffectiveness of legal proceedings by reservation through a notary, bailiff or court shall notify the fact to whom the ineffectiveness of legal proceedings may call, then the lender to limit reliance on ineffective legal negotiations do not run until the claim becomes enforceable.

 

§ 594

 

(1) inefficiencies of legal proceedings may be invoked against any person who legally with the debtor acted, or who the legal conduct, took advantage to his heirs or to the person who acquired property in the transformation of the legal person as its legal successor.

(2) against another legal successor of the inefficiency can be invoked only if

a) the legal successor had to be aware of circumstances for which the lender could call the ineffectiveness of legal action

b) the legal successor acquired the right free of charge, or

c) is the legal successor of the close person, unless it at a time when the ancestors came right not to be aware of circumstances for which the lender could call the ineffectiveness of legal action.

 

§ 595

 

(1) The inefficiency of the legal act establishing the creditor's right to seek satisfaction of the claim from what ineffective conduct of the debtor's assets missed. If this is not entirely possible due to the creditor equivalent.

(2) Who is obliged to fulfill, it is considered dishonest holder and his heir, or other general legal successor but only if it had to be aware of circumstances for which the lender could call the ineffectiveness of legal action.

(3) free of charge the recipient honest performance to satisfy creditors of the transaction, in so far as it was enriched. This does not apply to the lender to call the ineffectiveness of legal proceedings, even if it happened for a fee.

 

§ 596

 

Became the third person to the point from which creditors could otherwise obtain satisfaction, such a right that is ineffective against this person can not get through, the person against whom a creditor could ineffectiveness of legal proceedings and earlier allows a third party's right of possession established, the obligation to the creditor for damages.

 

§ 597

 

(1) Who has the obligation to the creditor under § 595 or 596, it may waive the satisfaction of creditor claims against the debtor. It can do so even before the creditor invokes ineffectiveness.

(2) Who has the obligation to the creditor under § 595 or 596, the debtor may request the return performance of mutual debts or to meet a revived due to the fact that the creditor got through inefficiency.

 

§ 598

 

It refers to the ineffectiveness of the same legal act more creditors can not be required from those required in the aggregate more than the § 595 and 596th

 

§ 599

 

(1) permitting the creditor to the ineffectiveness of legal offenses relating to the matter recorded in a public list, it can set a transaction aside, along with the submission of the application and proof of its filing to request the authority responsible for maintaining such a list, it noted that reliance on the ineffectiveness of legal action.

(2) If the court grants the application, the effects of the judgment against those who took notes after the thing or things in the right to hold such a list.

 

Part 2

Legal Events

 

§ 600

General provisions

 

The Act provides that the rights and obligations which arise, change or cancel the legal facts independent of the will of the people. Such a result may also determine arrangements between the parties.

 

The importance of time

§ 601

 

(1) acquires the right or if there is an obligation on a certain day, or which will become the beginning of the day, expires when the right or obligation on a certain date, expires at the end of the day. This does not rule out if the nature of the legal case.

(2) determines the extinction of a right by law in the emergence of another unrelated, both occurs at the same time. Unless specified or agreed otherwise, such a legal effect occurs at the end of the day.

 

§ 602

 

If the right to exercise or fulfill an obligation on a certain day or certain day, they are required to be done at the usual time of day, unless something else arises from the practice of the established practice of the parties or the particular circumstances of the case.

 

§ 603

 

The rights and obligations expire expiry of the period for which they were restricted.

 

§ 604

 

Change in the person of the creditor or debtor does not affect the running time or period.

 

Counting time

§ 605

 

(1) or the time period specified by days begins on the day following the relevant criteria for its onset.

(2) End of period or periods specified in weeks, months or years falls on a day that the same name or number as the day, which accounts for the fact from which the period or time counts. If no such day in the last month or the end of the period or periods, on the last day of the month.

 

§ 606

 

(1) means a half months and fifteen days the center of the fifteenth day of the month.

(2) If the designated time period or to one or more months and part of the month counts are part of the last month.

 

§ 607

 

Where the last day of the period on a Saturday, Sunday or holiday, the last day of the period immediately following working day.

 

§ 608

 

Or the time period specified in units of time shorter than days, reckoned from the time he takes, until the end.

 

Part 3

Limitation and prescription

 

Section 1

Lapse

 

Subsection 1

General Provisions

 

§ 609

 

If the law was enforced in the limitation period barred and the debtor is not obliged to perform. If, however, fulfill the debtor after the expiry of the limitation period can not claim back what filled.

 

§ 610

 

(1) The court will consider the limitation only if the debtor will say that the law barred. Waive its right to advance to anyone the right to oppose limitation, to disregard it.

(2) If the parties are obliged to return what have become void under the contract or decommitted, the court on the plea of ​​limitation only if the limitation could also argue the other side. This is true even if it was filled on the basis of apparent infringements.

 

§ 611

 

Barred, all property rights except as provided by law. Other rights are barred unless the law provides.

 

§ 612

 

In the case of the right to life and dignity, name, health, esteem, honor, privacy or personal rights of similar barred only the right to redress for injury to those rights.

 

§ 613

 

The right to maintenance not be limited to, the right of individual recurrent performance, however, subject to limitation.

 

§ 614

 

Not be limited to ownership or the right to seek division of these things, the right to establish the necessary paths and the right of redemption of real proof.

 

§ 615

 

(1) If the fulfillment of the debt secured by a lien, the lien nepromlčí before the claim. Limitation of the claim does not satisfy the pledgee of collateral.

(2) The lien is nepromlčí until the pledgee has a pledge pledge to each other, or until it looks after him for a third party.

(3) If the lien creditor, the provisions of paragraphs 1 and 2 accordingly.

 

§ 616

 

When the transfer of security rights is not time-barred claims the reason for the re-transfer of the person who provided security.

 

§ 617

 

(1) Even after the expiry of the limitation period, the party may invoke its right to defend against právu claimed by the other party, unless both rights apply to the same contract or to several contracts concluded in purpose depending on themselves.

(2) After the expiry of the limitation period, the party may invoke its right to offset if the offset can be accessed at any time before the expiry of the limitation period.

 

§ 618

 

Forfeited if the law recorded in a public register or list of collateral, it clears the lapse of the rights of those who register or public list of collateral leads to the proposal of the person who has an interest cancellation.

 

The beginning of the limitation period

§ 619

 

(1) If it is a right enforceable by a public authority, the limitation period begins to run from the date on which the right could be exercised for the first time.

(2) The right may be exercised for the first time when the person became aware of the circumstances relevant for the beginning of the period of limitation, or ever learn about them and could be.

 

§ 620

 

(1) The circumstances relevant for the beginning of the period of limitation for the right to damages include knowledge of the damage and the person liable for compensation. This applies also for the atonement of injury.

(2) The circumstances relevant for the beginning of the period of limitation at law for damages caused by a defective product under § 2939 include knowledge of the damage, the defect and the identity of the manufacturer.

 

§ 621

 

The circumstances relevant for the beginning of the period of limitation of rights for unjust enrichment include knowledge that the unjust enrichment occurred, and the person liable for his release.

 

§ 622

 

If it is an injury to a minor who is not fully enjoys the full rights of limitation period begins to run first, until the minor becomes fully svéprávným. If not take full incapacitation, nepočne limitation period shall commence until after the age of majority he will not be appointed guardian.

 

§ 623

 

When lots of debt begins limitation period shall commence on each lot shall be the date of its maturity. If, for any non-fulfillment of the debt component, begins for the entire debt limitation period from the date of maturity lot shall not observed.

 

§ 624

 

The right to release funds deposited in the account or a deposit representing the limitation period begins to run from the date of the contractual obligation is extinguished.

 

§ 625

 

The rights arising from the total destruction or loss of things carried by the limitation period begins to run from the date of shipment to be delivered to the recipient. However, if transported only thing damaged or if it was delivered late, the limitation period begins to run from the date of delivery.

 

§ 626

 

The right to indemnity limitation period begins to run for one year after the claim. This is true even if the injured party arising directly entitled to insurance benefits against the insurer, or if the insured claims against the insurer pay what the victim has provided towards the payment of compensation or other damage.

 

§ 627

 

If, according to custom or practice under which the parties have established between themselves, settled the claim submitted by the end of a billing period begins limitation period shall commence from the day following the end of the period when the bill should be presented.

§ 628

 

The law must be applied first at the person, the limitation period begins to run from the date of the law was applied as follows.

 

Subsection 2

Length of limitation period

 

General Provisions

§ 629

 

(1) The limitation period is three years.

(2) Property law shall be extinguished no later than the expiration of ten years from the date arrived, unless the law specifically provides a different limitation period.

 

§ 630

 

(1) The parties may negotiate a shorter or longer limitation period from the day when the right could be exercised for the first time than that provided by law, but at least one year in duration and the longest duration of fifteen years.

(2) If a shorter or longer period is negotiated in the detriment of the weaker party, the account agreement. Disregard for the arrangements or shorter period, if the right to benefits under the loss of freedom, life or health or the right arising from willful misconduct.

 

Special Provisions

§ 631

 

If the law were entered into the public list are barred for ten years from the date on which it could be done first.

 

§ 632

 

If there was a public list of written law which may be performed continuously or repeatedly to lapse if not exercised for ten years. If there was not a public list of written law, which shall be exercised only rarely, required that the person who happens to be, had over ten years at least three times the opportunity is never done and not done, if not occur in the course of a decade opportunity right to exercise three times, extending the limitation period will not be used until any of the three opportunities.

 

§ 633

 

(1) Does the person committed the execution of an easement, the easement is extinguished when the recipient shall not exercise its right to three years.

(2) The right of the individual performance of the real burden of such claim shall lapse.

 

§ 634

 

Right to request the court to determine on the basis of the preliminary contract the content of future contracts, shall be barred after one year of the closing date, which should be a future contract. This is true even if it was agreed that the contract, designate a third party or the court.

 

§ 635

 

(1) If it is about life insurance, forfeited the right to indemnification for ten years.

(2) The right to indemnification of liability insurance shall be extinguished no later than of limitation of the right to damages or injury for which the insurance applies.

 

§ 636

 

(1) The right to damages or other damages shall be extinguished no later than ten years from the date of the injury or damage occurred.

(2) If the damage or injury was caused intentionally, forfeited the right to compensation not later than fifteen years from the date of the injury or damage occurred. This is true even if the damage or injury as a result of the breach of bribery whereby the offer, promise bribes or taxes other than the victims or a direct or indirect vyžádání bribe from the victim.

(3) The law arising from the injury to liberty, life or health, paragraphs 1 and 2 apply.

 

§ 637

 

The right to compensation for damage caused by a defective product under § 2939 shall be extinguished no later than ten years from the date on which the producer put a defective product on the market.

 

§ 638

 

(1) Right of unjust enrichment is barred by the ten years from the date of the unjust enrichment occurred.

(2) If there was unjust enrichment acquired deliberately forfeited the right to release his latest fifteen years from the date of the unjust enrichment occurred.

 

§ 639

 

If the debtor acknowledged his debt, the law barred for ten years from the date of acknowledgment of debt occurred. Determine if the debtor but also in recognition of the period within which the implements, the law barred for ten years from the last day of the specified period.

 

§ 640

 

Right granted by a public authority shall be barred after ten years from the date should be filled according to the decision.

 

§ 641

 

It was in recognition of the debt or the public authority's decision to spread the implementation of each of the lots, the ten-year limitation period for those elements and begins on the date of maturity of each lot shall. If, failure of any lot shall be the whole debt, the limitation period begins to run from the date of maturity lot shall not observed.

 

§ 642

 

If the debt was recognized or if any right granted by a public authority, not the ten-year limitation period for interest and for the recurrent performance that came after the acknowledgment of debt or the granting of rights.

 

§ 643

 

(1) She went where duty to the heirs of the limitation period expires earlier than the expiry of six months from the date of acquisition of inheritance was confirmed by the heirs.

(2) If the legal person recovered, the creditors will end earlier than the expiry of the limitation period of six months from the date of registration of legal entities in the public register established.

 

§ 644

 

Meet the debt for the debtor to the creditor lien debtor nepromlčí his right against the debtor in less than six months after completion of the debt.

 

Subsection 3

The limitation period

 

§ 645

 

Where required, the person had a legal representative or guardian, the limitation period begins to run on the right of such person or on the right against her until the day when the legal representative or guardian obtains. Already period started to run again, but will not end before the expiry of one year after the disappearance of obstacles.

 

§ 646

 

Among husbands nepočne limitation begins running even while the marriage lasts. This applies mutatis mutandis to the rights of persons living in the household, and represented by the legal representative, guardian and ward or between trustee and poručencem.

 

§ 647

 

In the case of the conclusion of the negotiations out of court the lender and borrower on the right or the circumstances in which law is based, the limitation period begins to run after the creditor or debtor expressly refuses to continue doing it, conceived the limitation period has run before, during negotiations is not running .

 

§ 648

 

Apply if the creditor is entitled within the limitation period for a public authority and continues in-duly initiated proceedings, the limitation period running. This applies to the right is already enforceable, if it was not designed for or proposed enforcement of distraint.

 

§ 649

 

If a creditor applies for a public authority subject to mutual rights and the rights to both the same contract or to several contracts concluded in purpose depending on themselves, no longer limitation period on which the proceedings concerning the law, against which the mutual towards the right. In other cases, the limitation period ceases to run from the date when the mutual exercised.

 

§ 650

 

The period of limitation does not run as long as the threat of creditors to defend the right to apply. This is true even if the lender has not exercised the right, being a debtor to the debtor or a person close to craftily misled.

 

§ 651

 

The period of limitation does not run as long as it takes more power to creditors in the last six months statute of limitations prevented the right to apply.

 

§ 652

 

It continues the limitation period for apostasy some of the obstacles mentioned in § 646 to 651, the limitation period is over in less than six months from the date when it started to run again.

 

Subsection 4

Restoring the right and run a new limitation period

 

§ 653

 

(1) If the law were already barred and the debtor acknowledged his debt, the claim is restored and begins a new limitation period to run from the date of acknowledgment of debt occurred. Determine if the debtor but also in recognition of the period within which the implements, the law barred for ten years from the last day of the specified period.

(2) If a law, although it was already time-barred, granted by a public authority in paragraph 1 shall apply mutatis mutandis.

 

Section 2

Preclusion

 

§ 654

 

(1) If the law was done within the specified period expires only in cases expressly provided for by law. The expiration of the court will consider, though not invoke the debtor.

(2) The provisions of this Act for the period of limitation shall apply mutatis mutandis to the limitation period.

 

PART TWO

FAMILY LAW

 

TITLE I

MARRIAGE

 

Part 1

General provisions

 

Provisions of § 655Všeobecné

 

Marriage is a permanent union of man and woman formed manner provided by law. The main purpose of marriage is the foundation of family, good upbringing of children and mutual support and assistance.

 

Part 2

The emergence of marriage

 

§ 656

 

(1) Marriage creates free and full expression of the will of consenting men and women who intend to enter into marriage (hereinafter referred to as "spouses") to enter into marriage together.

(2) Sňatečný ceremony is a public and solemn, is in the presence of two witnesses.

§ 657

 

(1) expresses the will of the spouses to enter into marriage together, in person, public authority prior to conducting the ceremony in the presence sňatečný registrar it is a civil marriage.

(2) expresses the will of the spouses to enter into marriage together, in person before the authority of a church or religious society authorized to do so under other legislation (hereinafter referred to as "legitimate Church"), it is a church wedding.

 

§ 658

 

(1) If it is about civil marriage, the other law shall determine who is a public body performing sňatečný ceremony.

(2) If it is a religious marriage, the church is the body authorized qualified person in charge of the Church.

 

§ 659

 

Marriage shall be concluded by a person acting on behalf of public authority, or person acting under authority of the Church, lay spouses as Registrar whether they want to join together in marriage, both spouses positive response occurs marriage. Marriage arises otherwise, it is clear that the bride and groom declare their willingness sňatečnou.

 

§ 660

 

Brides and grooms sňatečném at the ceremony declaring that

a) the surname of one of them will be their common surname

b) they both kept their surname, or

c) the name of one of them will be their common surname, and the person whose name is not to be a common surname, is a common surname in second place to connect its existing name.

 

§ 661

 

(1) If you retain your current surname spouses, claims in sňatečném ceremony as well, which of their surname is the surname of their common children.

(2) If you have kept your previous husbands last name, can later make a statement by a public authority that they have agreed on a common surname of one of them.

 

§ 662

 

(1) Where, in the case of election under § 660 point. c) fiancé, whose surname is not to be a common surname, attaching surname, as the mains can choose only the first name last name.

(2) Elections under § 660 point. c) is not possible if it is already betrothed, whose surname is a common surname, attaching surname.

 

§ 663

 

(1) If it is a civil marriage ceremony takes place on the sňatečný place designated by the public authority performing sňatečný ceremony, to take into account the will of the bride.

(2) If it is a religious marriage ceremony takes place on the sňatečný place determined by the internal regulations of the legitimate church.

 

§ 664

 

(1) The design sňatečného ceremony bride and groom request a public authority in whose administrative district is to be married, and submit documents proving their identity and eligibility for marriage, other legislation specifies which documents must be submitted.

(2) A public authority may waive the submission of required documents, if their actions associated with severe obstacle overridden.

 

§ 665

 

Brides and grooms to bring sňatečném ceremony, before making sňatečný expression of will, that they are not known obstacles that prevent them to marry, to know each other that their health and consider uspořádání future financial circumstances, their housing and material security after marriage.

 

§ 666

 

(1) To be a religious marriage, spouses must first submit the wedding certificate issued by the Registry Office in whose administrative district is to be married. The certificate must include confirmation that the bride and groom met all legal requirements for marriage. By issuing this certificate to sňatečného ceremony may not have been more than six months.

(2) If a religious marriage, the Registrar shall, within three working days to deliver the marriage registry office in whose administrative district the marriage, the Protocol on the marriage, stating the facts under other legislation.

 

§ 667

 

(1) If life is directly threatened fiance may sňatečný ceremony to each institution under § 658, or other authority established by other legislation, at any point, the same applies to religious marriage. Outside the Czech Republic may also perform ceremony sňatečný commander of naval vessels flying the national flag of the Czech Republic or the aircraft commander aircraft registered in the register in the Czech Republic, where at least one of the spouses citizen of the Czech Republic also commander of the military forces of the Czech Republic abroad.

(2) In cases referred to in paragraph 1 shall not be required to submit documents otherwise; matrikáře presence is not required.

 

§ 668

 

Citizen of the Czech Republic outside the territory of the Republic may marry before the diplomatic mission or consular office of the Czech Republic.

 

§ 669

 

(1) If there are important reasons for this, the Regional Office in whose administrative district is to be married, the bride and groom request, allow expression of the will of one of the spouses to join the marriage made him his agent.

(2) The power of attorney must contain the information certifying the identity and other relevant factors relating to both spouses and the proxy statement and the surname. There must also be noted that spouses are not known obstacles that prevent them to marry, that they know each other and their state of health that consider uspořádání future financial circumstances, their housing and material security after marriage. Power of attorney must be in writing and signature on it must be officially verified.

(3) An appeal power of attorney is effective only if it knows about it second fiancé before making his speech sňatečný will.

 

§ 670

 

(1) If a civil marriage, not religious ceremonies subsequent legal consequences.

(2) If a closed religious wedding, you can not subsequently enter into civil marriage.

 

§ 671

Eligibility to marry

 

Marriage may conclude each, if not prevent him from doing legal impediment under § 672 to 676th

 

Legal obstacles to marriage

§ 672

 

(1) Marriage can not conclude a minor who is not fully Every competent.

(2) The court may, in exceptional cases, authorize the marriage a minor who is not fully completed Every competent and sixteen years of age if they are important reasons for it.

 

§ 673

 

Marriage can not conclude the person whose legal capacity was limited in this area.

 

§ 674

 

Marriage can not conclude a person who has previously entered into marriage, or a person who has previously entered into a registered partnership or other similar closed volume abroad, and this marriage, registered partnership or other similar enclosed volume abroad persists.

 

§ 675

 

Marriage can not be matched between ancestors and descendants, or between siblings, the same is true of individuals whose relationship was established adoption.

 

§ 676

 

Marriage can not be concluded between the trustee and poručencem, between the child and the person in whose care the child has been entrusted, or entrusted to the foster parent and child.

 

Part 3

Apparent marriage and nullity of marriage

 

Section 1

Apparent marriage

 

§ 677

 

(1) Marriage does not arise, if at least one of those who wished to marry, not in the expression of will by entering into a marriage ceremony or sňatečném or in connection with such requirements are met, whose compliance is the fact that marriage was created, absolutely necessary to take.

(2) In case of a religious marriage belongs to these particulars and the fact the marriage before an authority legitimate church. If not performed sňatečný ceremony in case of direct danger to life fiance, these facts are also the registry office a certificate that the bride and groom met all legal requirements for marriage, and that the issue of such certificate and the marriage has ended more than six months.

 

§ 678

 

The court may determine that the marriage is not without design.

 

§ 679

 

(1) Immediately after a court determines that the marriage is decided by the court for paternity of a child as well as obligations and rights of parents to him.

(2) Property rights and obligations of men and women will be assessed individually according to their nature. If you can not otherwise, the provisions of unjust enrichment. In these matters should take account of a man or a woman acting in good faith, as well as the rights and legal interests of common children and third parties.

 

Section 2

Nullity of marriage

 

§ 680

 

If there has been a marriage, even though it prevented estoppel, the court declares the marriage proposal to anyone on the legal interest, unless prevented the marriage obstacle limited incapacitation.

 

§ 681

 

The marriage is considered valid until declared invalid. If the marriage was declared invalid, it is considered outstanding.

 

§ 682

 

Marriage can be annulled if expired, or has since been rectified.

 

§ 683

 

Marriage can be annulled if it was closed to minors, which is not fully enjoys the full rights or a person whose legal capacity was limited in this area, and conceived a child who is born alive.

 

§ 684

 

(1) The Court shall declare the marriage void on a proposal from her husband, whose expression of will by entering into a marriage was made under duress, consisting in the use of violence or threats of violence or a manifestation of the will by entering into a marriage was made only because of errors on the identity or the nature fiance sňatečného legal action. The proposal may be submitted no later than one year from the date on which the husband could given the circumstances make possible, or when he learned of the true state of affairs.

(2) In the case provided for in paragraph 1, the court declares the marriage null and void, even the death of her husband disappeared before completion of the marriage annulment brought by the spouse, descendants or spouse who filed a petition for marriage annulment, suggest one year after his death, the court declared the marriage null and void.

 

§ 685

 

The court declares the marriage invalid even without the draft, even if you are already extinct, if it was closed

a) a person who has previously entered into marriage or who has previously entered into a registered partnership or other similar closed volume in foreign countries where such a marriage, partnership or other similar volume takes

b) between ancestor and descendant, between siblings or between persons whose relationship was established adoption.

 

§ 686

 

(1) The obligations and rights of men and women whose marriage has been annulled, a common child and their property obligations and rights during the marriage invalid, the provisions on the duties and rights of divorced parents of a child and their financial obligations and rights at the time of the divorce analogy.

(2) If the marriage was declared invalid under § 684, is to decide on property rights and obligations should take account of those who acted in good faith.

 

Part 4

Obligations and rights of spouses

 

Section 1

General Provisions

 

§ 687

 

(1) The spouses have equal duties and equal rights.

(2) A married couple are obliged to respect each other, they are obliged to live together, be faithful to each other, mutual respect for their dignity, support to maintain the family community, creating a healthy family environment and jointly care for children.

 

§ 688

 

The husband has the right to make his second husband give details about their income and status of its assets, as well as their current and planned work, study and similar activities....

 

§ 689

 

The husband is obliged to choose their work, study and similar activities take into account the interest of the family, spouse and minor children who have acquired full incapacitation and lives with her husband in the family home, and possibly other family members.

 

§ 690

Meeting the needs of the family

 

Each spouse contributes to the needs of the family and the needs of family households according to their personal and financial circumstances, abilities and capabilities to the standard of living for all family members were generally comparable. Provision of property transactions has the same meaning as personal care for the family and its members.

 

§ 691

 

(1) If the spouses do not have a family household, each of which bears the cost of your home, it is the obligation to relieve each other help and support.

(2) If you live with one of the spouses' common child marriage, against which both have a duty to maintain or minor child who was not in incapacitation, which is entrusted to the care of spouses or one of them, and second husband left the family home without the it has a reason worthy of special consideration, and refuses to return, that spouse must also contribute to the costs of family households. Reason for leaving the family home, or reason for refusing to return, the court shall examine the principles of decency and good morals.

 

§ 692

Decisions on matters of family

 

(1) The affairs of the family, including the choice of the location of family households, or households of one of the spouses and other family members, especially children who have acquired full incapacitation and how family life, the spouses have to agree.

(2) Unless the spouses of the substance of the family, upon the motion of one of them in its decision to replace the consent of the other spouse refuses to consent in such matters of family life without good reason, and contrary to the interests of the family, or failing will be able to manifest itself. The court, however, especially spouses leads to an agreement.

 

Provision of family affairs

§ 693

 

Family Affairs cater to spouses jointly, or performs one of them.

 

§ 694

 

(1) The current family law matters, the conduct of one spouse agrees and authorizes both spouses jointly and severally, to pay, said the husband, who was acting legally, to a third party that disagrees with the legal actions. Also, the court may on a proposal from her husband for him to exclude the effects of future legal proceedings against the other spouse to third parties. Such measures do not relate to legal proceedings, which normally caters to her husband needed the necessities of life and their family members, especially children who did not acquire the full incapacitation.

(2) In all other matters of family law committed by one spouse agrees and authorizes both spouses jointly and severally, gave a second husband to conduct legal spouse consent to the provisions of § 692, paragraph 2 shall apply mutatis mutandis. Do not let the husband, however, that the legal acts of the other spouse does not agree to help the court in advance, can call the invalidity of such legal action.

(3) If the spouses do not live together in a situation referred to in § 691, paragraph 2, the legal act of a husband in the family affairs of the other spouse without his consent nor does it oblige.

 

§ 695

 

The provisions of § 693 and 694 shall not apply to matters covered by the provisions on marital proprietorship.

 

§ 696

Mutual representation of spouses

 

(1) A spouse has the right to represent her husband in his daily affairs.

(2) Husband right referred to in paragraph 1 shall not, shall advance the husband to be represented, the one with which his spouse has a legal act, or intends to legally act, that the representation does not match, or if the court cancels the proposal representative of the husband the right spouse.

(3) The right referred to in paragraph 1 does not have a spouse if the spouses do not live together in a situation referred to in § 691 paragraph 2

 

§ 697

Alimony between spouses

 

(1) Spouses have a mutual maintenance obligation to the extent that both provides substantially the same material and cultural level. Maintenance obligations between spouses prior to the child maintenance obligation and parents.

(2) For a maintenance obligation between spouses or are general provisions on maintenance.

 

Usually a family household equipment

§ 698

 

(1) The equipment consists of a set of family household chattels, which are normally essential living needs of the family and its members and it is not relevant whether the individual belongs to both spouses things or just one of them.

(2) The handling of the things that is part of the usual equipment of a family household, husband, requires the consent of the other spouse, this does not apply if it is a matter of negligible value.

(3) The husband can get through the legal invalidity of any act by which the other spouse with the things that is an ordinary family household equipment, embarked without his consent.

 

§ 699

 

(1) If the husband leaves the family home in the intention to do so constantly, and refuses to return, may request that the husband gave him what belongs to the usual equipment of family households and belongs exclusively to him. What belongs together spouses, spouses share equally, unless the nature of the matter is excreted, in which case the general provisions of this Act, the cancellation and settlement of ownership.

(2) If you need a husband what belongs to the usual equipment of family households, especially for the joint minor child of spouses who have not acquired full incapacitation and against which both have a maintenance obligation, or for a minor child who was not in incapacitation, was put into the joint custody of spouses living in family households and family households remained, paragraph 1 shall not apply.

 

Family race

§ 700

 

(1) The family is considered a plant in which husband and wife work together or at least one of the spouses and their relatives to the third degree, or those with married sešvagřené to the second degree, which is owned by some of these people. To those of them who permanently work for the family or family race, are viewed as family members involved in the operation of the plant family.

(2) Provisions on the rights and obligations of family members participating in the operation of the plant family do not apply in cases where these rights and obligations are governed by partnership agreement, including the founding legal act establishing a commercial company or cooperative agreement or contract of silent and other provisions of the Act of employment, or other similar agreement. If family members involved in the operation of the plant family spouses shall apply the provisions of the plant family preference provisions of this Act on marital property law.

 

§ 701

 

Family members involved in the operation of the plant family involved in and profit from it in matters of the profit gained, as well as race in increments commensurate with the amount and type of their work. Giving up this right may only person fully enjoys the full rights personal statement, statement takes the form of a public document.

 

§ 702

 

The decision to use profits from the family business or his acquisitions, as well as decisions relating to matters outside of normal operations, including changes to the basic principles of operation or racing suspension is adopted by a majority of family members participating in the operation of the plant family. If among them who is not fully enjoys the full rights represent it in voting guardian if a minor, or guardian.

 

§ 703

 

Participation in the operation of the plant family binds to a family member and a person can not be transferred to another, unless it is one of the family members listed in § 700 paragraph 1 and agrees to all family members who are already operating on the plant family involved.

 

§ 704

 

(1) To be distributed in the plant family estate division of the court, it has a family member involved in the operation of its preferential right.

(2) In order to plant family stolen from him has a family member involved in the operation of its right of first refusal, unless stipulated otherwise. This is true even if it be stolen from co-ownership share of the family or the race is to be disposed of matter, which by their nature and destination of the current operation of the plant family permanently to serve.

 

§ 705

 

(1) transfer of a factory participation in the operation of the plant family disappear.

(2) family member ceases participation in the operation of the plant family even if they cease to work for the family in a family or race, or that changes the legal ground on which work continues in the family factory.

 

§ 706

 

Ceases to intervene in the operation of the plant family, payment may be a family member in the operation of the plant has spread participating in installments, if agreed, or if approved by the court. If the distribution of payments in installments reasonable cause, the court does not approve payment by installments, or decide on the arrangements for invalidity payments.

 

§ 707

 

Family community created to operate the plant family without the express agreement of family members is governed by custom and practice established in them, if not in § 700 to 706th

 

Section 2

Matrimonial property law

 

§ 708

 

(1) What husbands belong to asset and is excluded from legal relations, is part of marital property (hereinafter referred to as "joint property"). This is not the termination of the joint property during the marriage under the law.

(2) Community property is subject to the statutory scheme or the agreed mode or mode-based court's decision.

 

The statutory regime

§ 709

 

(1) The common property is what became one of the spouses or what both spouses jointly acquired during marriage, except what

a) serves the personal use of one of the spouses,

b) acquired as a gift, inheritance or by referring to only one spouse, unless the donor or the donation of the deceased in the acquisition on death showed a different intention,

c) acquired by one spouse as compensation for the damage to their natural rights,

d) one of them took legal actions relating to its exclusive property,

e) took one of them in return for destruction or loss of their exclusive property.

(2) The common property is profit from what belongs exclusively to one spouse.

(3) The common name is also her husband share in a company or cooperative, to become her husband at the time of the marriage business company or a team member. This does not apply if one spouse became a founding share manner in accordance with paragraph 1 of its exclusive property.

 

§ 710

 

The community property debts are taken during the marriage, unless

a) relate to property which belongs exclusively to one spouse, in excess of the earnings from these assets, or

b) it took only one spouse without the consent of the other, without being an everyday or common procurement needs of the family.

 

§ 711

 

(1) The acquisition and loss of individual components of common property, the general provisions of this Act.

(2) Amounts of income, salary, wages, profit and other values ​​of work and profession become part of common property when the husband, who endeavored to obtain them, took the opportunity to dispose of them.

(3) Receivables from the exclusive property of only one spouse to be a part of the joint property, common property to become part of the due date.

 

§ 712

 

Unless this Part otherwise provided, shall apply mutatis mutandis to the joint property of the provisions of the Companies Act or the provisions on co-ownership.

 

Management in the legal system

§ 713

 

(1) The components of common property use, take them out of the fruits and benefits, maintain them, handle them, manage them and manage them both spouses or one of them under the agreement.

(2) The duties and rights associated with the common equity or its components belong to both spouses jointly and severally.

(3) The legal proceedings relating to common property or part of the spouses are entitled and obliged jointly and severally.

 

§ 714

 

(1) In matters relating to community property and its components, which can not be considered common law spouses are acting together, or one spouse is in agreement with each other. If the husband refuses to give consent without good reason and contrary to the interests of spouses, family or family household, or if not able to express the will, the second husband propose to replace the husband's consent judgment.

(2) the case law spouse without the consent of other spouse if the consent was needed, it may invoke the nullity of the second husband of such action.

 

§ 715

 

(1) To be part of common property used for business and one of the spouses if the property exceeds the value of what is to be used, a reasonable degree of wealth spouse is required to use the first such agreement of the other spouse. It was the second husband left behind, it can invoke invalidity of such action.

(2) To be part of common property used to acquire shares in a company or cooperative, or is the result of acquisition of an interest liability for the debts of the company or team within a reasonable degree of excess property relations of spouses, paragraph 1 shall apply mutatis mutandis.

 

Conventional mode

§ 716

 

(1) engaged couple and the couple can negotiate a marital property regime different from the statutory regime. If you Ujednají the agreed mode husbands usually adjust their obligations and rights relating to the existing common property. If you negotiate for an agreed regime retroactive to disregard it.

(2) The contract of matrimonial property regime takes the form of a public document.

 

§ 717

 

(1) Conventional treatment may consist of separate property regime, the regime vyhrazujícím emergence of community property on dissolution of marriage, as well as mode expansion or narrowing of the scope of common property in the legal system. The provisions on the regime of separate property shall apply mutatis mutandis under vyhrazujícím creation of common property on dissolution of marriage.

(2) Conventional mode can be changed by agreement of the spouses or a court decision, such a change requires agreement between the spouses or the court's decision about the components of common property in the current mode.

 

§ 718

 

(1) A contract may contain any agreements and relate to any matter, unless prohibited by law and may relate in particular to the scope, content, hours of legal or other common property regime, individual things and their files. Contract can be changed by the inclusion of existing and future inclusion of part of adjusted assets differently from the statutory regime.

(2) The contract may also hold equity ratios in case of dissolution of marriage, if it is to organize the event of dissolution of marriage by death, it is in this part of the contract as a contract inheritance, if its requirements.

(3) The contract may not exclude or modify the provisions of the usual equipment of a family household, unless one spouse left the household permanently and refuses to return.

 

§ 719

 

(1) The contract of matrimonial property regime may impact their ability to exclude the husband's family secure.

(2) The contract of matrimonial property regime is not its content, or to affect the rights of third parties, unless agreed to the contract, this contract without the consent of a third party has no legal effect against it.

 

§ 720

 

(1) Contract spouses of matrimonial property regime becomes effective marriage. If a contract already existing things recorded in a public list, you can do to change this list, write to the marriage.

(2) If a marriage contract on marital property regimes existing things recorded in a public list, take this part of the contract in effect on third parties to entry in this list, unless this Act provides otherwise.

 

§ 721

 

(1) The contract of matrimonial property regime shall be entered into the public list if stipulated in it, otherwise the request of both spouses. The list is written anything that changes the legal property regime of spouses.

(2) Writing carried out without undue delay, the person who wrote the contract, and if possible, one who leads the list.

 

Managing in an agreed regime

§ 722

 

(1) Brides and grooms as well as spouses may enter into a contract for the management of what is part of common property, which derogates from the provisions of § 713 and 714, the provisions of § 719 and 720 apply to this contract.

(2) The contract referred to in paragraph 1 shall include arrangements as to which spouse will manage common property or part of it and how.

 

§ 723

 

(1) A spouse who manages the common property, the legal acts in matters relating to common property separately, and even judicial or other proceedings, unless stated otherwise.

(2) A spouse who manages all common property, may legally act only with the consent of other spouse

a) in the treatment of common equity as a whole,

b) when dealing with the house where the family home spouse, if this dwelling part of the common property or dwelling that is one of them, or dwelling of a minor child who was not in incapacitation which husbands and caring, as well as the arrangement of permanent load of immovable property which is part of the joint property.

(3) The provisions of § 714, paragraph 2 shall apply mutatis mutandis.

 

Scheme based court decision

§ 724

 

(1) If a compelling reason for it, upon the motion of the joint property of husband or cancel its current narrow range.

(2) A major reason is always the fact that her husband's creditor is required to ensure their claims to the extent exceeding the value of what belongs exclusively to the husband, the husband can be considered as prodigal as well as the fact that her husband repeatedly or continuously undergoes excessive risk. As a compelling reason can be found also that the husband started a business or becoming a member of unlimited liability of legal persons.

 

§ 725

 

Based scheme can be changed by court decision or contract marriage court decision.

 

§ 726

 

(1) The court may joint property after it is canceled, renewable, and the court so decides, especially when you have ceased to exist grounds for revocation of joint property. This is true even if the husband suggests that common property, whose scope has been narrowed, it was extended to the statutory range.

(2) ceases to have joint property by law, the court can restore her husband to the proposal, if it is in the interest of both spouses.

 

§ 727

 

(1) the court decision can not be excluded or amend the provisions governing normal family household equipment.

(2) The court's decision to amend, repeal or restoration of common property can not exclude the consequences of their husband's ability to provide family and not be content or to affect the rights of third parties, unless agreed with the decision.

 

§ 728

Management regime based on court decision

 

It is the husband in the management of common property in a way that is clearly contrary to the interests of the other spouse, family, household or family, and spouses or spouses conclude a contract on the management of what is part of common property, upon the motion of the other spouse to decide how way, the common property managed.

 

Regime of separate property

§ 729

 

In the regime of separate property husband may dispose of their property without the consent of the other spouse.

 

§ 730

 

If doing business under the separate property of spouses jointly, or one spouse is taking with the other spouse, split the income from business, how you negotiated in writing, otherwise the income is divided equally.

 

Protection of third parties

§ 731

 

If the debt incurred in only one of the spouses during the joint property, the lender may satisfy the enforcement of decisions from what is in the common wealth.

 

§ 732

 

If the debt was created only by one spouse against the other spouse's will, which expressed opposition to the lender without undue delay after he learned of the debt may be affected by community property only to the above, would have represented a share of the debtor, if it were repealed and common property settled under § 742nd This applies even if the obligation to perform maintenance or husband in the case of debt from the offense of only one spouse, or if the debt is just one of the spouses was before marriage.

 

§ 733

 

Committed if one spouse at a time from which to change or eliminate the legal regime of property, whether by agreement or court decision spouses, are less than six months may be satisfied by the lender's claim of anything that was part of common property, if to contract marriage or court decision did not occur.

 

§ 734

 

If spouses or contract by a court decision, which was the legal property regime changed or excluded affect the right of third parties, especially creditors, the person may exercise their right to settle on the occasion of what was formerly part of the common wealth, as if the contract spouse or a court decision has not occurred, yet applies § 742nd

 

§ 735

Special Provisions

 

If they do not conclude with spouses who intend to get a divorce in a marriage as set out in § 757, an agreement to hold property rights and obligations in case of divorce, in which the condition that the marriage is divorced, also ujednají to be separated in time management to acquire rights and commit to pay for a period of separate management arrangements for joint spouse assets appropriately, unless this Act provides otherwise.

 

The settlement of joint property

§ 736

 

If the joint property withdrawn or terminates, or if it is narrowed down to its current range, the disposal will have common responsibilities and rights of their settlement. Long narrow, canceled or defunct joint property is not settled, it shall be used for provision of common equity appropriately.

 

§ 737

 

(1) settlement assets must not prejudice the right of third parties. If there was prejudice to the right of settlement, can a third party claim, the court held that the settlement is ineffective against it.

(2) Settlement of debt has effect only between spouses.

 

§ 738

 

(1) Agreement on the settlement always has effects on the day the common property has been narrowed down, canceled or terminated, regardless of whether the agreement was made before or after the bottleneck, cancellation or termination of the joint property. However, if the subject matter of the settlement, which is registered in the public list, the agreement becomes legally effective in the part concerning this matter of public record in the list.

(2) The settlement agreement does not prevent it relates to only part of common property rights and obligations.

 

§ 739

 

(1) Agreement on the settlement must be in writing if it was closed for the duration of the marriage or if the subject matter of the settlement, which requires the written form and contract for the transfer of ownership.

(2) Unless required by a settlement agreement in writing and if requested by one of spouses, delivers his second husband acknowledgment as deal.

 

§ 740

 

Unless the spouses of the settlement, each of them suggest that the court decided. The settlement by the court according to the state where the bottleneck effects occurred, cancellation or termination of the joint property.

 

§ 741

 

In the absence of three years from the narrowing of cancellation or termination of the joint property of the settlement of what was formerly part of the common property, or agreement, nor was an application for settlement by the court, the spouses or former spouses deal so that

a) tangible movable property that is in them, which is their need, their families or family home used exclusively as the owner,

b) other tangible movable and immovable assets are in mutual ownership of both, their shares are the same,

c) other property rights, claims and debts belong jointly, their shares are the same.

 

§ 742

 

(1) Unless the spouses or former spouses, or otherwise does not apply when the provisions of § 741, apply for the settlement of these rules:

a) the interests of both spouses on the settled property are the same,

b) each of the spouses will replace what the common property was made to his exclusive property,

c) Each spouse has the right to ask that he be replaced as the exclusive property of their incurred for common property

d) take into account the needs of dependent children

e) is taken into account as each spouse took care of the family, especially how to take care of children and the family household,

f) is taken into account as each spouse contributed to the acquisition and maintenance of assets belonging to the joint property.

(2) Value of the joint property of what was spent on the sole property husband, as well as the value of what the exclusive property of the husband was spent on joint property, the joint property of the settlement included an increased or decreased depending on how the date of expenditure the property on which joint property has been narrowed down, canceled or terminated, increased or decreased the value of property to which the expense was incurred.

 

Certain provisions of spouses living

§ 743

 

(1) The couple have homes where they have a family household.

(2) If the husband asks for serious reasons for a transfer of family households, the second husband to meet him, unless the reasons for the continuance outweigh the reasons for this change.

(3) The spouses may agree to live permanently apart. The agreement of the spouses separate housing has the same legal effect as leaving the family home with the intention to live permanently elsewhere.

 

§ 744

 

If the spouses dwelling house or apartment to which one spouse has the exclusive right to allow in the house or apartment to live, and if a law other than obligations, created by marriage to another husband the right to housing. If there is one of the spouses of such exclusive right during the marriage, created by the other spouse the right to housing.

 

§ 745

 

(1) If spouses dwelling house or apartment, which had one of the spouses on marriage rental law, created by marriage to the house or apartment lease with both spouses common law; at a later conclusion of the lease arises both spouses shared rental law efficiency contract. This applies even if other similar obligations.

(2) The provisions of paragraph 1 shall not apply if ujednají spouses something else.

 

§ 746

 

(1) If the spouses have a joint home or apartment rental law, are entitled and obliged jointly and severally.

(2) A spouse who has the right to housing, the position of guarantor of her husband.

 

§ 747

 

(1) If at least one spouse the right to dispose of the house or flat, in which the family household or spouse of the family, and this house or apartment is the living spouse or family must necessarily be, must abstain from everything and avoid anything that may housing disable or compromise. My husband especially not without the consent of the other spouse a house or apartment, or dispose of the house, its parts or the entire apartment set up right, whose performance is inconsistent with spouses or family housing, unless the spouse or family shall in all respects similar to the existing residential housing.

(2) If a husband without the consent of the other spouse in contravention of paragraph 1, the spouse may invoke the invalidity of such legal action.

 

§ 748

 

(1) If the spouses have a joint right to lease a house or apartment in which the family household or spouse of the family, the § 747 paragraph 1, first sentence accordingly. The husband may not, without the consent of other spouse's lease terminate or limit the law, whose performance is inconsistent with spouses or family housing.

(2) If a husband without the consent of the other spouse in contravention of paragraph 1, the spouse may invoke the invalidity of such legal action.

 

§ 749

 

Consent of spouse under § 747 and 748 must be in writing.

 

§ 750

 

(1) agreement between the spouses, or spouses, notwithstanding the provisions of § 747 and 748, the agreement must not worsen the position of their common minor child who was not in incapacitation that lives with them in the family home and to which they have a maintenance obligation, or minor child who has not become full incapacitation and was entrusted to the care of spouses or common one of them, the agreement also must not affect the rights of third parties, unless agreed with that agreement.

(2) The agreement and consent of third parties pursuant to paragraph 1 shall require a written form.

 

Specific provisions against domestic violence

§ 751

 

(1) become more common if the spouse living in the house or apartment where the family household is a married couple, for one of them because of unbearable physical or mental violence against the spouse or other one family households in the lives of spouses, the court may husband of the proposal to reduce or even eliminate the specified time right spouse in the house or flat.

(2) As in paragraph 1 may proceed if it is a divorced spouse, and even if the spouses or spouses living together outside the family home.

 

§ 752

 

Limitation or exclusion law husband in the house or apartment living, the court for six months. The court decides on the proposal again, if for a particularly serious reasons.

 

§ 753

 

The right to seek protection against domestic violence has also every other person who lives with spouses or divorced spouses in the family home.

 

Part 5

Termination of marriage

 

Section 1

General provisions

 

§ 754

 

Marriage terminated only for reasons specified by law.

 

Section 2

Divorce

 

§ 755

 

(1) A marriage may be divorced, if the cohabitation spouses deeply, permanently and irreversibly destroyed and can not expect his recovery.

(2) Despite being a married couple living together disrupted, it can not be divorced if it was contrary to divorce

a) the interest of the minor child's marriage, which was not in incapacitation, which is due to special reasons, the child's interest in marriage and asking the court finds at the court-appointed guardian to manage the adjustment ratios for the child after divorce or

b) the interest of a husband who is in breach of marital obligations of marriage breakdown mainly participated and who would divorce caused particularly serious harm with the extraordinary circumstances that militate in favor of keeping the marriage unless the spouses are not living together for at least three years.

(3) If the spouses have minor child who is not fully enjoys the full rights of marriage not divorce court until the child decides on the situation in the aftermath of divorce.

 

§ 756

 

The court, which decides on divorce, discovers the existence of a marriage breakdown, and that it had determined his cause, unless otherwise stated below.

 

§ 757

 

(1) Connects to the husband to the application for divorce, who applies the other spouse, divorce court, without determined cause of marriage breakdown when it comes to the conclusion that the same claim spouse in the case of marriage breakdown and the intention to achieve Divorce is true and if

a) the date of commencement of proceedings for divorce the marriage lasted at least one year and the couple together more than six months do not live

b) the spouses who are parents of a minor child who was not in incapacitation, have agreed to adjust the ratios of the child after the divorce and the court approved their agreement,

c) the spouses have agreed to adapt their property, their housing, and maintenance or for the period after the divorce.

(2) The agreements referred to in paragraph 1 letter. c) require in writing and signatures must be authenticated.

 

§ 758

 

The couple live together, forming the marriage or family, irrespective of whether they have or keep a family household, with at least one of the spouses were married community obviously does not want to restore.

 

Section 3

The consequences of the dissolution of marriage

 

§ 759

Surname divorced spouse

 

Her husband, who adopted the surname of the other spouse may, within six months after the divorce to notify the registry office that accepts back its former name. This applies even if the husband intends to take the surname of the other spouse by being connected to a common surname of his previous surname or the first of his surname, henceforth only use their former name.

 

Nutritional divorced spouse

§ 760

 

(1) If the divorced spouse be able to feed himself and that his inability to have its origin in marriage or in connection with it have a claim against him by his former spouse within a reasonable range of maintenance responsibilities, if it is possible to be reasonably required, in particular regard to age or health status of a divorced spouse at the time of divorce or termination of care for the common child of divorced spouses.

(2) When deciding on the maintenance or the amount the court will take into account how long a divorced marriage lasted and how long divorced, and whether

a) a divorced spouse did not provide an adequate job, although did not prevent him from doing serious obstacle

b) a divorced spouse to ensure proper nutritional management of own property

c) divorced husband worked during the marriage to care for a family household,

d) is committed to a divorced spouse or former spouse of a person close to him the nature of the criminal offense, or

e) is given by other similarly compelling reason.

(3) For the maintenance obligations of divorced spouses shall apply mutatis mutandis the provisions of general maintenance.

 

§ 761

 

(1) Scope of maintenance and method of providing maintenance is governed by spouses or divorced spouses; ujednají If you think that maintenance is replacing odbytným, entitled divorced spouse ceases to providing nutritious surrenders.

(2) If no agreement on maintenance, divorced spouse, former spouse may be necessary to propose that the maintenance court ruled the other spouse.

 

§ 762

 

(1) Unless the spouses or the spouses of maintenance, the husband, who mostly not caused by disruption of marriage or divorce and who disapproved of divorce was caused by serious injury, suggesting that the court determine her former husband's maintenance obligation in such a scale that ensures that spouses have essentially the same standard of living. Right divorced spouse to maintenance here can only be considered reasonable for the circumstances reasonable, but not later than three years after the divorce.

(2) If the guilty spouse, former spouse against the other conduct that meets the characteristics of domestic violence are not entitled to maintenance under paragraph 1 would otherwise conditions for granting the right to meet alimony.

 

§ 763

 

Right divorced spouse ceases to maintenance, close to a divorced spouse entitled to a new marriage, or enters into the partnership.

 

Property rights and duties of the dissolution of marriage

§ 764

 

(1) termination of the marriage her husband's death, assessment of property rights and obligations of former spouses in the context of a heritage property under the regime that existed between spouses, or even the instructions deceased husband during his life regarding his property in case Death did, otherwise, the rules specified in § 742, except § 742 paragraph 1 point. c), unless the surviving spouse's heirs agree with the settlement otherwise.

(2) If the husband was declared dead, his property shall be assessed duties and rights of the date on which the decision on declaration of death is listed as day of his death.

 

§ 765

 

(1) termination of the marriage, divorce, property managed by the obligations and rights of divorced spouses or agreement of the spouses divorced spouses.

(2) Unless the spouses of the settlement, the former spouse may file a petition for a court settlement.

 

Housing for dissolution of marriage

§ 766

 

(1) ceases to have married her husband's death and the couple had a joint right to lease a house or apartment, it was in their family home, will tenant the surviving spouse. If spouses testified to the house or apartment together another contract law, the surviving spouse remains eligible.

(2) ceases to marriage and the death of her husband the right to lease a house or apartment, which was located in the family household husbands had only one of them, the provisions of the tenancy.

 

§ 767

 

(1) ceases to have married her husband's death, which was the house or apartment, which was located in the family household marriage, allowing the exclusive right in the house or apartment to live, and if this was a law other than obligations, while the second husband was in the house flat or rights habitation, the husband just disappear housing, if the exclusive right to the deceased husband was transferred to another person than to a surviving spouse. This does not apply, unless the surviving spouses fairly ask to leave the house or apartment.

(2) If appropriate circumstances a surviving spouse, primarily because it takes care of a minor child who was not in incapacitation, which a couple cared for, or a minor child who was not in incapacitation, whose parent is deceased spouse, or child dependent who lives with the surviving spouse, the court may, on a proposal to establish a surviving spouse for the benefit of an easement right to adequate housing according to the circumstances of the case, but no longer than until such child becomes permanently ability to feed itself, and for a fee comparable to rents in place usual, this right does not expire, if the child acquires the ability to feed itself only temporarily.

(3) Should the surviving spouse the right to live for another reason, the provisions of paragraphs 1 and 2 accordingly.

 

§ 768

 

(1) ceases to divorce, and the couple had a house or apartment, it was in their family household, the same or common law, and unless the one in the house or apartment to live on, the court canceled the proposal one of them under the existing circumstances of the case law of the divorced spouses, to which may reasonably ask to leave the house or apartment, and possibly also decide on the method of compensation for the loss of rights, taking account in particular, of the divorced spouses who were entrusted with the care of minor child who was not in incapacitation and cared for by spouses, as well as the opinion of the landlord, lender or other person in a similar position.

(2) A divorced spouse who has to leave the house or apartment has the right to live there until his second husband fails to provide alternative housing, unless it in proceedings under paragraph 1 of the refund is not granted, in this case, right in the house or apartment to live more than one year . It was, however, when he entrusted the care of a minor child who was not in incapacitation and cared for by spouses during marriage, or a dependent child who lives with him, upon the motion of the husband found in his favor right housing provisions of § 767 paragraph . 2 shall apply mutatis mutandis.

 

§ 769

 

Ceases to divorce, and husbands did not have a house or apartment, it was in their family household, the same or common law, and spouses or divorced spouses agree on another living spouse who has a house or an apartment only a right to live or another law, which is weaker than the right spouse, the court on a proposal from her husband, who has a house or flat right ownership title or another property right or exclusive right to lease or jiné law of obligations, the obligations of the other spouse to emigrate to the provisions of § 767, paragraph 2 shall apply mutatis mutandis.

 

§ 770

 

Ceases to divorce, and husbands had the right house or apartment to live with the fact that a law was derived from another, has the right to request the removal of the divorced spouse was only entitled to derivative, one who has a house or flat or substantive contract law, from whom the right of the other spouse to live directly derived.

 

TITLE II

Kinship and affinity

 

Part 1

General Provisions

 

Kinship

§ 771

 

Kinship is a relationship based on a person's blood bond formed or adoption.

 

§ 772

 

(1) Persons are related in a direct line, if originating from one another.

(2) Persons are related to a side line, they have a common ancestor, but they do not originate from one another.

 

§ 773

 

The degree of relationship between two people is determined by the number of birth, which comes in direct line from one another and in the next two lines from their nearest common ancestor.

 

§ 774

Affinity

 

The creation of affinity arises marriage between one husband and relatives of the other spouse, in which line and to what degree is related to someone with one husband, in a line in which the degree is sešvagřen with the second husband. Termination of the marriage, the death of one spouse by affinity extinguished.

 

Part 2

Relationships between parent and child

 

Section 1

Determining Parenthood

 

§ 775

Motherhood

 

The child's mother is a woman who bore them.

 

Paternity

§ 776

 

(1) If born child at the time of the marriage to end třístého day after the marriage has been terminated or declared invalid, or after the mother's husband was declared missing, it is considered the father of the husband's mother.

(2) is born if the child is re-married woman, it is considered that the father is the husband later, even though the child was born before the třístého day after the previous marriage has been terminated or declared invalid.

 

§ 777

 

(1) If born child at the time between initiation of proceedings for divorce and three hundredth day after the divorce, a spouse, former spouse or mother that he is the father of the child, while another man declares that he is the father of the child shall be deemed that the father is the man attached to the mother to both statements.

(2) Declaration husband, mother of the child, or her former husband, a man who claims to be the father of the child, mother and child is in court, initiated at the request of one of them, the proposal may be submitted no later than one year after birth the child.

(3) To determine the paternity of a child pursuant to paragraphs 1 and 2 can not be experienced until such time as the decision to divorce.

(4) In the case of proceedings for nullity of marriage, the provisions of paragraphs 1 to 3 accordingly.

 

§ 778

 

Born when the child is conceived through artificial insemination, unmarried woman, it is considered that the child's father is the man who gave consent to artificial insemination.

 

§ 779

 

(1) If no determination of paternity pursuant to § 776, 777 or 778, it is considered that the father is a man whose paternity was determined by an affirmative statement of the mother and this man. This way you can also determine the paternity of an unborn child even if it is already conceived.

(2) The declaration is made in person before a court or before the Registry Office. A minor who is not fully enjoys the full rights always make a statement before the court.

 

§ 780

 

If the declaration does one who is not fully enjoys the full rights may be made only before the court. Court as the case may consider whether the person who is not fully enjoys the full rights can act alone or whether it will act as his guardian.

 

§ 781

 

If the mother is unable to assess the importance of mental disorder and its declaration if its action statements associated with a difficult obstacle overridden, it is not possible to determine the paternity of an affirmative statement.

 

§ 782

 

The statement of paternity as a special act will apply the general provisions on legal proceedings, unless otherwise specified. Invalidity, however, may be invoked only in time for denial of paternity.

 

§ 783

 

(1) If no determination of paternity pursuant to § 776, 777 or 778, or under § 779, the mother, child and man, who claims to be the father, suggesting that the court determine paternity.

(2) It is understood that the father is a man who had sex with the child's mother at the time of which has not undergone the birth of a child less than one hundred sixty and more than three hundred days, unless his paternity exclude serious circumstances.

(3) If the alleged father alive, given the proposal against the guardian, who shall be appointed to that court.

 

§ 784

 

(1) dies during the proceeding if the petitioner may proceed further in the proposal is justified.

(2) the death of a child during the proceedings may, within six months after his death also apply for a descendant of that child if it has an interest in this destination.

(3) dies during the procedure if the alleged father, continuing the proceedings against guardian, to whom shall be appointed by the court.

(4) dies while driving to a man who claimed to be the father, and does not continue to control the child or the mother, the court shall suspend the proceedings.

 

Denying Paternity

§ 785

 

(1) A spouse may, within six months from the date when he learned of the facts constituting a reasonable doubt, the father of a child born to his wife, denied his paternity in court, but not later than six years since the birth of a child. Denies paternity to the child and mother, if both are alive, and alive if one of them, against the other, if not none of them alive, the husband does not have this right.

(2) If the husband's legal capacity before the end of a six-year period popěrné so limited that he can not deny paternity, he can deny his guardian, which for this purpose appointed by the court, and within six months of the appointment by the court.

§ 786

 

(1) is born if the child is between stošedesátým date of marriage and three hundredth day after its dissolution or annulment, paternity can be denied except as provided in § 777, only if it is impossible that the husband was the father of the child's mother.

(2) if born before the baby stošedesátým day after the marriage, it is sufficient to not consider that the husband is the father of the child's mother denies the paternity of her. This does not apply if the husband had sex with the mother the child's mother at the time of the birth of the child which has undergone less than one hundred sixty and more than three hundred days, or if he knew the marriage was pregnant.

 

§ 787

 

Paternity can not be denied to a child born during the period between the date stošedesátým and three hundredth day after artificial insemination with the consent of her husband made the mother, or with the consent of another man, when the mother is not married, no matter what the genetic substance was used. This does not apply if the pregnant mother or child.

 

§ 788

 

He denied the paternity of her late husband to the child the mother married again, begins a six-month deadline to contest paternity of the former husband the following day after he learned of the decision.

 

§ 789

 

The mother may, within six months of the birth of a child to deny that the child's father is her husband. The provisions on denial of paternity husband shall apply mutatis mutandis.

 

§ 790

 

(1) A man whose paternity was determined by an affirmative statement of parents, paternity of a child may be denied only if it is possible that it could be the father of the child. It may do so within six months from the date paternity was determined as follows; the event of a determination of paternity before the birth of a child, period end sooner than six months after his birth.

(2) The provisions of § 785, paragraph 1, second sentence and § 785, paragraph 2 shall apply mutatis mutandis.

 

§ 791

 

Mother may deny that the child's father is a man whose paternity was determined by an affirmative statement of parents, and by the deadlines specified in § 790 paragraph 1 second sentence.

 

§ 792

 

If the motion for denial of paternity filed after popěrné period, the court may decide to forego a missed period, if required by the child's interest and public policy.

 

§ 793

 

If required by the obvious interest of the child and are to be filled with provisions guaranteeing fundamental human rights, the court's own motion to initiate proceedings for the denial of paternity, if paternity has been determined by an affirmative declaration of the parents, but the child's father can not be designated as such by his father. Rule, the court also suspended the exercise of parental responsibility.

 

Section 2

Adoption

 

Subsection 1

Adoption, adoptive child and learning

 

§ 794

 

Adoption means the acceptance of another person as their own.

 

§ 795

 

A prerequisite is the acquisition of such a relationship between the adopter and adoptee, which is between parent and child, or that there are at least the basics of such a relationship. Adoption of a minor must be in accordance with its interests.

 

§ 796

 

(1) The adoption of a minor the court on motion of a person who wants to adopt a child. The application for adoption of a child from a foreign country or abroad connected petitioner decision of the competent public authority to consent to adoption.

(2) The adoption of an adult decides upon the motion of the person who wants to acquire an adult, which he joined an adult to be acquired.

 

§ 797

 

On the basis of court decision on adoption with adoptive parent or adoptive parents, entered in the register as a parent or parents of the child.

 

§ 798

 

The activities associated with the provision of adoption, no person shall gain an unfair profit.

 

§ 799

 

(1) adoptive parent can only adult person enjoys the full rights and guarantees to their personal characteristics and life as well as the reasons and motives that led to her adoption, the child will be for the acquisition of a good parent.

(2) Health status of the adoptive parent or both adoptive parents must not restrict the care of adopted child to a large extent.

 

§ 800

 

(1) may become adoptive parents, spouses and one spouse. Exceptionally, the master and the other person, in which case the court also decides that it is deleted from the register of the second record of the parents.

(2) They learn if married, submit a proposal for adoption jointly as joint adoptive parents.

 

§ 801

 

If a person learns that the parent, the court shall assess if adoption in fundamental conflict with the interests of adoptive children, property interests are not decisive for the assessment.

 

§ 802

 

May adopt a minor child who was not in incapacitation.

 

§ 803

 

Between the adopter and the child must be osvojovaným reasonable age difference, usually not less than sixteen years only with the consent of a guardian representing the child adoption in the proceedings and if the adoption in accordance with the interests of the child, may be the age difference between adopter and child osvojovaným exceptionally less than sixteen years.

 

§ 804

 

Acquisition is excluded among those with relatives in a direct line and between siblings. This does not apply in the case of surrogacy.

 

Subsection 2

Consent to adoption

 

§ 805

 

The acquisition can not be decided without the consent of the child, the child's parents or persons authorized to give consent for parents, husband or adoptive parent. This is true even if consent was withdrawn.

 

Consent to adoption of the child

§ 806

 

(1) It made the children they have learned at least twelve years old, should always be his personal consent, unless it is beyond any doubt that the procedure requiring the personal consent of the adopted child in conflict with the fundamental interests of the child or the child is not able to assess the consequences of consent.

(2) Before a child expresses their acquired, the court properly learn the purpose, content and consequences of consent to adoption.

 

§ 807

 

(1) If a child has not reached the age of twelve years at least, gives his consent to the adoption on behalf of his guardian, court appointed guardian, usually the social-legal protection of children. Before a guardian can consent, identify all the relevant facts that lead him to conclude that the adoption will be in accordance with the interests of the child.

(2) If possible, the court shall hear and children being learned and takes account of his observations with regard to the degree of his mental development.

 

§ 808

 

The acquired your child may revoke consent to adoption until the adoption order.

 

Parental consent

§ 809

 

The adoption requires the consent of parents adopted child.

 

§ 810

 

(1) The consent of a parent gives a personal statement to the court. The statement must meet the general requirements of legal proceedings, however, if the agreement made subject to conditions or if it is temporary, not taken to him.

(2) Before a parent expresses, the court properly instruct him about the nature and consequences of the declaration of consent and the fact of adoption.

 

§ 811

 

(1) The consent of parents to the adoption of his child to be even regained the full incapacitation. A parent who has not yet reached the age of sixteen can not give consent to the adoption.

(2) Does the consent of a parent who has not acquired full incapacitation can not, for him to act on his guardian, his capacity to give consent examine the court under the general provisions.

 

§ 812

 

A parent whose legal capacity was restricted by a court decision may, in matters of adoption, including the granting of consent to adoption, the legal act only to the extent in which its restrictions were legal capacity.

 

§ 813

 

(1) Mother of adopted child can give consent to the adoption earlier than six weeks after childbirth. Father of adopted child can give consent to the adoption and before the end of this time, but soon after birth.

(2) If the consent given by father or mother before, disregarded him.

§ 814

 

It is immaterial whether the consent was given for adoption to the identification of a person to the adoptive parent, or without such a determination.

 

§ 815

 

It was the consent to adoption given to the identification of a person as an adoptive parent, and if the acquisition proposal withdrawn or rejected, it loses effectiveness consent.

 

§ 816

 

Consent to the adoption expires whenever the absence of adoption within six years from the date on which the consent was given.

 

§ 817

 

(1) Consent to adoption may be revoked for three months from the date was set.

(2) Consent to adoption may be revoked after the expiration of three months from the date on which it was given,

a) it was not being learned in child care have handed over to the adoptive parent before the adoption,

b) if they have learned to be a child under a court decision issued on the proposal issued by the parents, who were entrusted to the care of because it is consistent with the interests of the child to his parents.

(3) The withdrawal of consent shall apply mutatis mutandis to how, to whom and with what effects are giving consent to the adoption.

 

§ 818

 

(1) The consent of parents of adopted child to adoption is not necessary if a parent

a) has been deprived of parental responsibility and also the right to consent to adoption,

b) is unable to express their will or recognize the consequences of their actions or to control or

c) is present in an unknown place and this place is not a court in conjunction with other public authorities to determine by the exercise of due diligence required.

(2) If these facts given by both parents is required for mastering guardian consent or guardian consent, which for this purpose appointed by the court, this applies even if both parents have died or that parenting a child osvojovanému was not intended. Before granting or refusal of consent must be observed all the relevant facts relating to the adopted child and his family, which could affect the decision on adoption, in particular will determine whether the child is being learned and whether close relatives of those interested in child care, and interviews also the person in whose care the child happens to be being learned.

 

§ 819

 

(1) The acquisition also do not need the consent of a parent who apparently has no interest of the child.

(2) A parent of a child apparently has no interest, neither the consistently true interest of the child, thereby permanently culpably breach of its obligation to parents.

 

§ 820

 

(1) It is understood that ignoring the parents of a child is obvious, it takes at least three months from the last manifested a genuine interest. If you can not, however, parents are seen in the behavior of gross violations of its obligations, it is necessary that the body of social and legal protection of children informed of the possible consequences of their behavior and that such an instruction from at least three months have elapsed. The social-legal protection of children, parents must provide the latest guidance for this advice and assistance provided under other legislation.

(2) Lessons in paragraph 1 shall not be required if the parent left the place where formerly resided, without having been told where he now resides, and if not even three months to find a place where the parent resides.

 

§ 821

 

(1) The court shall decide in a special procedure, if it is, or is not necessary to acquire the consent of parents.

(2) If the court decides that the acquisition does not require the consent of both parents is needed to acquire the consent of a guardian by the court appointed for that purpose. Before a guardian can consent to identify all the relevant facts relating to the adopted child and his family, which could affect the decision on adoption, in particular examine if it is being learned baby close relatives who wish to seek them out and hear it, in whose care the child happens to be being learned.

 

§ 822

 

(1) has occurred if the circumstances where the acquisition does not require the consent of parents, but can not positively decide on adoption, if someone close relatives of the child who is willing and able to care for the child and make sense in this proposal by the court.

(2) The court entrusts the child to his close relative, if it is consistent with the interests of the child and if it is clear that this person is able to care for the child.

 

Subsection 3

Care before adoption

 

§ 823

 

(1) With the approval of future adoptive parent can give his child to their acquired immediately after both parents have given consent to adoption. With the consent of the parents, the child can give prospective adoptive parents to care before, as soon as the child's medical condition allows. Parents of adopted child are obliged to inform the delivery of the child the social-legal protection of children.

(2) Child care at a time before the expiry of three months from the date on which it was given consent to the adoption, there is no care before adoption. After this time has he to whom the child was handed over to the care of only the right and duty to properly care for the child and protect them, in matters of child care are linked with this, it can act only if it is absolutely necessary.

 

§ 824

 

(1) The delivery of the child into care pursuant to § 823 the court.

(2) If the court considers that given the circumstances, when the acquisition does not require the consent of parents, may use § 823 paragraph 1, mutatis mutandis.

 

§ 825

 

After three months of when it was given consent to the adoption, suspending the exercise of rights and obligations of parental responsibility, the court appoints a guardian of the adopted child the social-legal protection of children, unless the trustee has been appointed earlier. The provisions of § 929 shall apply mutatis mutandis.

 

§ 826

 

After three months of the date on which the consent was given for adoption, they have learned can be passed adoptive child in care before adoption. Any such transfer shall act on a proposal adopters court.

 

§ 827

 

(1) the Court to transfer the child to the care of adoptive parents before the adoption decision until it has carried out investigation on the mutual suitability of the child and adoptive parent, especially with regard to

a) personality and health of adoptive parents and his social environment, particularly housing and household, as well as the ability to take care of the adoptive child and adoptive motives for adoption,

b) personality and child health, social environment from which the child comes from, as well as the Family Code,

c) ethnic, religious and cultural environment of the child and adoptive parent,

d) the period during which the adoptive child in care.

(2) If a child wants to learn one of the spouses, the court finds the reason for the proposal for a second husband did not join.

 

§ 828

 

If there was a child they have learned previously handed over to the care of the adoptive parent, it is his care for others care before adoption. For care before adoption is not necessary to further public authority's decision.

 

§ 829

 

(1) Before the adoption of a decision must be being learned in child care at the expense of the adoptive parent. Adoptive parent has duties and rights of persons into whose custody is in accordance with § 953 to 957th

(2) the acquisition of adoptive care before adoption takes a child for a period sufficient for a conclusive finding that the adoptive parent and child create such a relationship, what is the meaning and purpose of adoption, this care will not end before the expiry of six months.

(3) During the period in which the adoptive child in care, shall be suspended previously established duty to maintain another person to the child.

 

§ 830

 

(1) Where a man who claims to be the father of the adopted child, a proposal for establishment of paternity can not decide on adoption, on the proposal until the determination of paternity will be decided.

(2) If the child is handed over to their acquired for future adoptive care under § 823 and passed the three-month period within which they can withdraw consent to the adoption, before the proposal was submitted under paragraph 1 shall apply mutatis mutandis § 817.

 

§ 831

 

Where a person who claims to be a close relative of the adopted child, a proposal for custody pursuant to § 953, the adoption can not decide on this proposal until it is decided.

 

Subsection 4

Consequences of adoption

 

§ 832

 

(1) A child who has been jointly acquiring spouses, husband or his parents, the child has a common position of spouses, otherwise the child's adoptive status.

(2) adoptive parents have parental responsibility.

 

§ 833

 

(1) By adopting the family terminates the ratio between the adoptee and the original family, and the rights and obligations arising from this relationship. Extinguished the rights and duties of a guardian or guardian who was appointed to the parents of these rights and duties performed.

(2) If the husband of one of the adoptive parents of the adopted child, paternity, adoption does not affect the relationship between the adopted child and this parent and his relatives, nor the rights and obligations under this contract.

 

§ 834

 

It was the adoption of a child who is a parent, subject to the effects of adoption on the child.

 

§ 835

 

(1) the surname of the adoptive parent Osvojenec; osvojenec spouse is a common surname, which was intended for their children in marriage.

(2) does not agree to osvojenec who has the right to speak out to his family name, change its name, the court that osvojenec will connect to his surname surname adopters. If you connect osvojenec surname, surname osvojitelovo can only connect to the first surname of the adopted child, if you connect adoptive surname, you can connect to osvojencovu name only the first surname of the adoptive parent.

 

§ 836

 

Adoptive parent is obliged to inform the adoption of the adopted child of the fact, when it appears appropriate, but not later than the start of schooling.

 

§ 837

Confidentiality of adoption

 

(1) or adoptive osvojenec may suggest that the court ruled that the circumstances of his adoption and to be secret from the child's family of origin. This similarly applies to the classification of blood and his parents consent to adoption.

(2) Although the adoption and the circumstances of his blood or his parent, and consent to the adoption secret, the court may decide on its disclosure, if justified by a very serious situation threatening the life of the adopted child or health.

 

§ 838

 

Once you become osvojenec incapacitation, he created the right to get acquainted with the contents of the file, which was led by the management of its adoption.

 

§ 839

Supervision of learning success

 

(1) without regard to whether the success of adoption supervision imposed, usually provide the social-legal protection of children and adoptive counseling services related to care for the adopted child.

(2) If justified by the circumstances of the case, court orders and motion of the adopter and adoptee for a period of supervision necessary, which also determines the length, usually carried out through monitoring of the social-legal protection of children.

 

Revocation of adoption

§ 840

 

(1) If there are important reasons for this, trial acquisition proposal to the adopted child or adoptive cancel, submit the proposal only one of them, the other on the proposal to join.

(2) Acquisition can not be canceled after three years of the adoption order. This does not apply if the adoption in violation of the law.

 

§ 841

 

(1) Clear ownership ratio resulting from adoption terminates the obligations and rights arising from this relationship and restores the previous family affair.

(2) Property rights and property of the adopted obligations incurred before the acquisition was canceled, are not affected by the abolition of adoption.

 

§ 842

 

Osvojenec will repeal the adoption of surnames that was before the adoption, unless they declare that they retain the existing name.

 

§ 843

Re-adoption of the adopted child

 

Osvojenec can be re-adopted, only

a) if it was canceled earlier adoption,

b) if it is to be gained in the later adopters husband after a previous husband, who was a joint adoptive parent, died, or

c) if he died, who was the only adoptive parent, or those who were joint adoptive parents.

 

§ 844

 

If it is consistent with the interests of the child, the court may decide on a proposal from the adoptive parent even before the expiry of three years from the decision on adoption, the adoption is irrevocable.

 

§ 845

 

Irrevocable adoption precludes osvojenec was re-acquired.

 

Subsection 5

Acquisition of an adult

 

§ 846

 

An adult can learn, if not contrary to good morals.

 

§ 847

Adoption, which is similar to the adoption of a minor

 

(1) an adult can learn if

a) the adopted sibling was natural, adopted by the same adoptive parent,

b) at the time the application for adoption was a minor being learned,

c) the adoptive care of the adopted as his own at the time of his minority or

d) the adoptive parent intends to adopt a child of her husband.

(2) an adult can not learn if this would be contrary to the legitimate interest of his blood parents.

(3) Provisions on the Adoption of the minor, including provisions on the consequences of adoption, shall apply, with the exception of § 838 and 839, accordingly.

 

Adoption, which is similar to the adoption of a minor

§ 848

 

(1) If it is not detrimental to vital interests of adoptive children, or the adopted children, an adult can acquire exceptionally well for reasons worthy of special consideration, if it is beneficial for the adopted child and adoptive parents themselves, or, in justified cases for at least one of them.

(2) Provisions on the Adoption of the minor, including provisions for its consequences, shall apply mutatis mutandis.

 

§ 849

 

(1) adoptee and his descendants adoption there is no family relationship to the adoptive family members and did not acquire them against any property rights. Adoptive parent adoption does not acquire any ownership rights to the adoptee and his descendants.

(2) Osvojenec and his descendants will survive adoption rights in their own family.

 

Common provisions for adoption of an adult

§ 850

 

(1) Unless they have learned fully Every competent, is acting for him a legal representative or guardian, to whom shall be appointed by the court.

(2) If the marriage takes the adopted, may be acquired only with the consent of her husband. If the husband is unable to consent because it is not fully enjoys the full rights or if the consent of measures associated with severe obstacle overridden, the court specifically consider whether adoption is not in conflict with the legitimate interests of the spouse or other family members.

 

§ 851

 

(1) Acquisition of an adult does not affect his surname.

(2) with the consent of the adoptive parent can connect osvojenec osvojitelovo surname to his surname, if the marriage lasts adopters and if husbands shared surname, and requires the consent of the other spouse.

(3) takes the marriage of the adopted child and they have a common surname spouses may join osvojenec osvojitelovo surname to his surname without the consent of her husband.

 

§ 852

 

Ownership has legal consequences for the adopted child and his descendants, if they were born later. For children born before adoption of the adopted child has legal consequences only when they gave consent to adoption.

 

§ 853

 

(1) of the adopted child maintenance obligation to his ancestors or descendants only lasts longer, and only to the extent, if not other people who have a duty to maintain, or unless such person unable to meet their maintenance obligations. Osvojenec has the right to maintenance to their ancestors or descendants only, and only to the extent, if the adoptive parent to meet their maintenance obligations.

(2) inherit from the adoptive Osvojenec first class legal heirs, but not entering the right of inheritance adopters to other persons.

(3) If the acquisition of legal consequences for the descendants of the adopted child, the provisions of paragraphs 1 and 2 accordingly.

 

§ 854

 

For the adoption of a minor who has been granted legal capacity, the provisions on adoption of an adult apply mutatis mutandis.

 

Section 3

Parents and Child

 

Subsection 1

General Provisions

 

§ 855

 

(1) Parents and children have towards each other obligations and rights. These mutual obligations and rights can not give up, take to do so, account shall be taken to it.

(2) The purpose of the obligations and rights of the child is to provide moral and material welfare of the child.

 

§ 856

 

Duties and rights of parents associated with the personality of the child and the rights and obligations of a personal nature arise and disappear birth of a child's entry into adulthood.

 

§ 857

 

(1) The child is obliged to take care of their parents.

(2) Until the child becomes svéprávným, parents have the right to guide their children educational measures, in keeping with the evolving capacities, including restrictions on pursuing the protection of morals, health and children's rights and the rights of others and public order. The child is required to comply with these measures.

 

§ 858

 

Parental responsibility includes obligations and rights of parents who are to care for the child, including in particular the care of his health, his physical, emotional, intellectual and moral development in child protection, in keeping personal contact with the child, ensuring the upbringing and education, in determining the place of his residence, in his representation and management of his fortune, birth of a child arises and ceases when the child comes into full incapacitation. The duration and extent of parental responsibility can only be changed by the court.

 

§ 859

 

Maintenance obligation and right to maintenance is not part of parental responsibility, and their duration depend on the acquisition of majority or incapacitation.

 

Subsection 2

Personal name and surname of the child

 

§ 860

 

(1) The child has a name for the marriage of his parents for children in common spouses.

(2) If a child does not have a name pursuant to paragraph 1, chooses parents for the child the surname of one of them, otherwise the court shall determine his surname. The same applies to the personal name of the child.

 

§ 861

 

If I know only one parent, the child's surname. The parent will also determine the child's personal name, otherwise it is determined by the court.

 

§ 862

 

(1) In the case of a child whose parents are not married, chooses parents for the child the surname of one of them, otherwise the court shall determine his surname.

(2) If the marriage is entered into by the child's mother, whose father is unknown, can the child's mother and her husband both claim before the Registry Office that the name for their other children will have this baby.

 

§ 863

 

(1) to change the surname of the child under § 862 must be the child's expression under the same conditions as other matters concerning the child, if the child is fifteen years older, it is necessary to change his surname agreed.

(2) The provisions of § 862 can not be used if the child has reached age of majority.

 

§ 864

 

If neither parent is known, the court's own motion a personal name and surname of the child.

 

Subsection 3

Parental responsibility

 

§ 865

 

(1) Parental responsibility belongs equally to both parents. Does it every parent, unless it was cleared.

(2) If the court decides to reduce incapacitation parents also decide on his or her parental responsibilities.

 

§ 866

 

For the court's decision concerning the scope of parental responsibility or the manner or extent to which her parents are to perform are key interests of the child.

 

§ 867

 

(1) Before a decision which affects the interests of the child, the court shall give the child the necessary information so that they can create their own opinions and to communicate this.

(2) If the court found to the child able to accept information properly or is not able to create your own opinion or is not able to communicate this view, the court shall inform and listen to him who is able to protect the interests of the child, the fact that must be a person whose interests are contrary to the interests of the child, a child twelve years old, it is considered that it is able to receive information, make your own opinion and to communicate this. Court considers the child pays due attention.

 

§ 868

 

(1) The exercise of parental responsibility of a minor parent who incapacitation before granting marriage or regained full incapacitation is until it becomes full legal capacity, suspended, this is not about performance obligations and rights of custody unless the court, having regard to a person decides to parents that the performance of this duty and this right shall be suspended until such time as the parent acquires full legal capacity.

(2) The exercise of parental responsibility parents whose legal capacity was limited in this area is the limit for his incapacitation suspended unless the court decides that the parents in relation to the person retains the duties and rights of custody and access to the child.

 

§ 869

 

(1) prevents the parents from exercising their parental responsibility and can be a serious factor to consider is that, in accordance with the interests of the child's need, the court may decide that the exercise of parental responsibility of the parent is suspended.

(2) Suspension of parental responsibility does not affect the performance of maintenance responsibilities to the child.

 

§ 870

 

If he does not parent their parental responsibilities properly and if required by the interests of the child, the court of his parental responsibilities restrict, or limit its power, while the extent of this limitation.

 

§ 871

 

(1) If the parent Exploits their parental responsibility or the exercise thereof, or their parental responsibility or the exercise seriously neglected, the court can dispose of his parental responsibilities.

(2) committed against a parent if your child an intentional criminal act, or if the parent use their child who is not criminally liable for committing an offense committed or if the parent is a criminal offense as an accomplice, instigators, or assistant organizer of the crime committed his child, the court specifically examine if there are grounds for depriving parents of their parental responsibilities.

 

§ 872

 

Before the court decision on the restriction of parental responsibility court always consider whether the interests of the child due to the need to limit the right of parents to personally interact with the child. If the parents waive parental responsibility remains with parents the right to personally interact with the child only if the court chooses to maintain the rights of parents with regard to the interests of the child.

 

§ 873

 

If the court deprive parents of parental responsibility, may well decide that it deprives him of all or some of the obligations and rights set forth in § 856, in particular the right to consent to adoption.

 

§ 874

 

Depriving parents of their parental responsibility or restriction does not affect the maintenance obligation to the child.

 

Special provisions for the exercise of parental responsibility

§ 875

 

(1) parental responsibility of parents engaged in accordance with the interests of the child.

(2) Before a decision which affects the interests of the child, notify parents of the child everything necessary so that they can create their own opinion on the matter and communicate it to parents, this does not apply if the child is not able to properly accept or communication is unable to create your own opinion or is unable to communicate this view to parents. Parents view the child and give due attention to take the child's opinion in deciding the question.

 

§ 876

 

(1) parental responsibility of parents engaged in a concerted manner.

(2) Where there is matter in deciding the child's risk of delay, one of the parents to decide or to give consent themselves, but must immediately notify the other parent, what is the status quo.

(3) If one parent in the child's own affairs to a third person who in good faith, it shall be deemed to be acting with the consent of the other parent.

 

§ 877

 

(1) Unless the parents in the matter, which is especially important for a child with respect to its interest, the court will decide on a proposal from parents, this applies even if one excluded the parents from deciding on important matters of the child the other parent.

(2) The important thing to consider in particular not the usual medical and similar procedures, determine the place of residence and choice of education or employment of a child.

 

§ 878

 

(1) does not live if one of the parents or if not known, unless one of the parents' parental responsibility, or if the exercise of his parental responsibilities suspended exercises parental responsibility other parent, this applies even if the parental responsibility one parent is restricted or limited to its performance.

(2) If no parent parental responsibility in full or if the exercise of parental responsibility of both parents is suspended, or if the parental responsibility of parents affected by any of these ways, but each other, the court appoints a guardian child, which covers obligations and rights of parents or their performance in place of parents.

(3) If the parental responsibility of parents is limited or restricted to its performance, the court appoints a guardian child.

 

§ 879

 

(1) In legal proceedings against a child who is not capable of self-regarding legal action, it is sufficient to act even against one of the parents as representatives of the child.

(2) If the legally significant whether the child is not capable of self-regarding legal act, or not in good faith, it is necessary to assess the good faith of both parents, however, when a child in the care of only one parent , just consider his good faith.

(3) If the legally significant whether the child is not capable of self in the matter legally act on the matter, or actually knew or did not know, it is necessary to assess knowledge of both parents, however, when a child in the care of only one of parents consider only his knowledge.

 

Child care and protection

§ 880

 

(1) parental responsibility of the person carrying out the child's parents and in a manner commensurate with the degree of development of the child.

(2) If the parents make decisions about education or work application of the child, taking into account its views, abilities and talents.

 

§ 881

 

Child care and protection, the performance of his upbringing, or some of its pages or supervision over the child, parents may entrust another person, the agreement with her parents, do not touch the duration and extent of parental responsibility.

 

§ 882

 

(1) It holds the child by another person unlawfully, parents have the right to request that their child is handed over, so is the parents themselves. This right has someone who legitimately cares for the child.

(2) A person who unlawfully detains a child, it shall be properly give to the person who has a child in the care of the law.

 

§ 883

 

Parents and child are obliged to help, support and respect for their dignity.

 

§ 884

 

(1) Parents have a crucial role in child care. Parents should be universally example for their children, especially if it is a way of life and behavior in the family.

(2) Educational resources can be used only in the form and extent as is reasonable under the circumstances, does not endanger health or the child's development and affect the human dignity of the child.

 

§ 885

 

Caring for a child only one of the parents involved in child care and education and his spouse or partner, parents of the child is living with a child in the family home. This also applies to those who live with a parent of the child without him married or registered partnership, is living with a child in the family home.

 

§ 886

 

(1) If a child lives with parents or with one of them in the family home and if properly cared for them, and it participates in the care of the household. This obligation also terminates the child's nutrition by providing parents with a child.

(2) The child is involved in the care of family households running their own work, or cash contributions, if their own income, or both. To determine the extent of the proportion of children in the care of running a family household are relevant skills and abilities of the child and reasonable needs of family members.

 

Personal contact with parents, child

§ 887

 

Exercise of the right of parents to maintain personal contact with the child parents can entrust another person.

 

§ 888

 

A child who is under the care of only one parent has the right to socialize with the other parent to the extent that it is in the interests of the child, as well as the parent has the right to associate with the child, unless the courts would limit or prohibit contact, the court may also determine the conditions contact, especially where it is to occur, as well as to identify persons who may or may not participate in contact. A parent who has custody of the child, the child is required to contact the other parent to properly prepare the child's contact with the other parent properly and allow law enforcement access to the child to the extent needed to cooperate with the other parent.

 

§ 889

 

A parent who has custody of the child, and the other parent must refrain from anything that interferes with the child's relationship with both parents or the child's upbringing as difficult. Does the parent who has custody of the child, consistently and repeatedly for no reason other parent contact with the child, such behavior is the reason for the new court decision as to which parent has a child in their care.

 

§ 890

 

Parents are required to tell each other everything important in terms of the child and his interests.

 

§ 891

 

(1) A parent who has custody of the child, and the other parent to agree together, as a parent who has custody of the child will have contact with the child. Unless the parents, or if required by the interest in the upbringing of the child and family circumstances, the court will contact parents with the child accordingly. In justified cases, the court may determine the place of parents with a child.

(2) If necessary in the interests of the child, the court limited the right of parents to personally interact with the child, or even prohibit such contact.

 

Representation of child

§ 892

 

(1) Parents have a duty and right to represent the child in legal proceedings, which is not legally eligible.

(2) represent the child's parents, together, act, however, each of them to the provisions of § 876, paragraph 3 shall apply mutatis mutandis.

(3) A parent can not substitute for a child if it could be a conflict of interest between him and the child or children of the same parents. In this case, the court appoints a guardian child.

 

§ 893

 

Unless the parents, which one child in the absence of legal proceedings, the court on a proposal from parents to parents of a child will legally act and how.

 

§ 894

 

(1) Parents as guardians can settle the matter for the child, unless it is a matter of status or contract on behalf of a person with expertise, as appropriate, other suitable person.

(2) If a child is entered into a contract for representation, does not affect the legal representation of the child's parents.

(3) the absence of legal and contractual agreement to the representative, the court in accordance with the interests of the child.

 

§ 895

 

If there has been a denial of paternity, legal actions taken by the father as the legal representative shall remain unaffected.

 

Caring for the child's property

§ 896

 

(1) Parents have a duty and right to care for the child's property, especially as the regular managers manage. The funds, which can be assumed that there needed to cover expenses associated with the property of the child, must dispose of safely.

(2) A legal action that relates to each part of the name of the child, parents act as his representative to the provisions of § 892, paragraph 3 shall apply mutatis mutandis.

(3) Should the parents responsibility to care for the child's property managers as full, replace the child from the harm caused jointly and severally.

 

§ 897

 

Unless the parents of the essential things in the care of the child's property, parents decide on a proposal from the court.

 

§ 898

 

(1) The legal action that relates to existing and future property of the child or individual components of wealth, parents need court approval, unless it is a routine matter or matters, although exceptional, but the minor asset.

(2) The consent of the court is required, particularly to the legal acts to which the child

a) acquire real thing or a part and which it treats,

b) the burden on property in whole or in part but not insignificant,

c) takes a gift, inheritance or reference not negligible assets, or such a gift, inheritance or refusing to link, or a gift or donation not represent a minor portion of its assets provided or

d) enters into a contract to re-bind the long-term performance, credit or similar agreement, or contract relating to housing, particularly rental.

(3) The legal parent meetings, which meet the required court approval, shall be disregarded.

 

§ 899

 

What do parents get the child's use of the property, it becomes a child.

 

§ 900

 

(1) Income from property of the child, the parents do not apply to properly manage its assets (profit), apply first to child nutrition. If necessary, the parents can then use the remaining income from the property of the child as his own contribution to the maintenance of parents and siblings of a minor child nutrition as a child living in the family home unless necessary for important reasons to keep the child for a period after the acquisition incapacitation.

(2) The assets of the child, parents can use with the approval of the court to feed their own siblings and the child only if, without fault of people who have a duty to maintain the child was a significant disparity between child ratios and proportions of obligors.

§ 901

 

(1) The obligation and right of parents to care for the child's property expires on declaration of bankruptcy assets of parents. If the other parent, who could take care of the child's property, the court appoints a guardian of its own motion for managing the child's property.

(2) After the expiration of three years from the cancellation of bankruptcy upon the motion of a parent or guardian for the child's property management restriction of parental responsibility to cancel, unless the restoration obligations and rights of parents to care for the child's property was contrary to the interests of the child.

 

§ 902

 

(1) When a child comes into full incapacitation, his parents hand over the assets they manage, particularly his forward part of its assets or transferred them to manage their accounts and submit the child trusts without undue delay and no later than six months from the date of child came into full incapacitation. Statement is not required if the child is sought.

(2) If the parents were created to manage the child's property or in connection with costs, may require their replacement.

 

§ 903

 

(1) If the property management very difficult, especially for the vastness and diversity of property file, and parents manage assets properly exercised, may, after casting his fortune managed child to request a reasonable fee, if it can yield a fortune.

(2) If during the duration of trusts obvious from the circumstances that the management is very difficult, and her parents perform properly, the court admits them to design a reasonable annual or otherwise designated time fee for managing assets.

 

§ 904

 

Transmission and receipt of assets does not affect the parents' responsibility for managing the child's property.

 

§ 905

 

(1) The court's own motion appoint a guardian to manage property of the child if the child's interests may be threatened, especially if the joint property rights of parents and the child or the child and his siblings. The extent of the obligations and rights of a guardian for the child trusts the parents are in their duties and rights in relation to the child's property limitations.

(2) The rights and obligations of a guardian to manage property of the child, who was appointed in addition to parents, shall apply mutatis mutandis the provisions of the Trustees, which manages assets poručence or a guardian, who manages the assets of the ward.

 

The exercise of parental responsibility after divorce

§ 906

 

(1) To be decided by the child's parents divorce, the court first determines how each of the parents of future child care, taking into account the interest of the child with the view from the consent of the parents soud deviates only requires If the interest of the child. Court takes into account not only the child's relationship with each parent, but also its relationship to siblings, or grandparents also.

(2) The court may also decide to approve the agreement of parents, unless it is clear that an agreed way of parental responsibility is not in accordance with the interests of the child.

 

§ 907

 

(1) The court may place the child in the care of one parent, or to alternate care, or joint custody, the court may also entrust the child to the care of persons other than parents, if necessary in the interest of the child. If the child be entrusted to joint custody, it is necessary that parents agree with it.

(2) In determining custody the Court decides that the decision was consistent with the child. The Court takes into account the child's personality, especially his talents and abilities in relation to development opportunities and life circumstances of the parents, as well as emotional orientation and background of the child and the educational ability of each parent, the actual and the expected stability of the educational environment in which the child is henceforth to live, the child's emotional ties to his siblings, grandparents or other relatives and unrelated persons. Tribunal shall always consider that the parents have the child properly cared for and well looked after his emotional, intellectual and moral education, as well as that with which parent the child has better conditions for successful development.

(3) The court in determining child custody also ensures the right of the child in the care of both parents and maintaining regular contact with them, the right of the other parent, whose child is entrusted to receive information about the child, then the court takes into account also the ability of parents to agree on custody of the child with the other parent.

 

§ 908

Performance obligations and rights of parents who live apart

 

They do not live together if the parents of a minor child who is not fully enjoys the full rights and unless the adjustment of care for such child, decide on its own motion the court. In other respects the provisions of § 906 and 907 apply mutatis mutandis.

 

§ 909

Special Provisions

 

A change in circumstances, the court reverses the decision regarding the performance of obligations and rights arising from the parental responsibility of its own motion.

 

Subsection 4

Maintenance obligations

 

§ 910

 

(1) Ancestors and descendants have a mutual duty to maintain.

(2) Maintenance obligations of parents towards child maintenance prevents grandparents and other ancestors to the child.

(3) distant relatives have a duty to maintain not only to fulfill her closer relatives.

(4) Except where the ratio of parent and child maintenance obligation prevents maintenance descendants of ancestors.

 

§ 911

 

Alimony may be granted if permission is not able to feed itself.

 

§ 912

 

Minor child who is not fully enjoys the full rights is entitled to maintenance even has its own property, but income from the property along with earned income is not sufficient to nutrition.

 

§ 913

 

(1) To determine the extent of the maintenance needs of the relevant legal and justified his property, as well as the skills, capabilities and financial status of the debtor.

(2) In assessing abilities, possibilities and property situation is mandatory should also consider whether the compulsory surrender without good cause favorable employment or employment or benefit of property or property that is not taking undue risks. It should also be taken into account the fact that the compulsory care of an authorized person and the extent to which they do so, or be taken into account also the care of a family household.

 

§ 914

 

If more persons liable to the same authority to the position corresponding to the scope of maintenance responsibilities of each of its ratio of assets, capabilities and opportunities for wealth, skills and abilities of others.

 

Nourishing between parents and children, ancestors and descendants

§ 915

 

(1) The standard of living of the child shall be substantially identical with living parents. This point precedes the point of view justified needs of the child.

(2) The child is required to ensure good nutrition to their parents.

§ 916

 

Unless it is proven in the management of maintenance to the child or parent of another ancestor maintenance of a minor child who was not in incapacitation, mandatory nutrition soudu person properly submitting all your income documents and other materials for the evaluation of assets and not allow the court to find no other facts needed to decide the disclosure of data protected under other legislation, the average monthly income of the person making the subsistence minimum pětadvacetinásobek individual under other legislation.

 

§ 917

 

If the court decides on maintenance obligations to the child's parent or ancestor of maintenance for a minor child who was not in incapacitation, and property circumstances of persons admitted to the mandatory nutrition, can be justified by the needs of the child and consider the creation of savings exclude the special circumstances of the case ; provided nutritious becomes the property of the child. The administration provided the following amounts to the general rules for the child's property.

 

§ 918

 

The maintenance proceedings of parent to child, in cases deserving special consideration by the court to osobě nutrition required to deposit an advance payment of maintenance payable in the future, provided nutritious property passes to the child gradually to the individual days of the due maintenance. The deposit is treated as property of the debtor.

 

§ 919

 

They do not live together if the parents of a minor child who was not in incapacitation, and unless the performance of the obligation to maintain the child, or if the parents are living such a child together, but one of them to the child maintenance obligation is fulfilled, the court under § 915 to 918th This is true even if the court decides on the care of a minor child who was not in incapacitation, if the parents agree on the performance of maintenance to the child.

 

§ 920

Nutritional and ensure payment of certain expenses unmarried mother

 

(1) If the child's mother married the father of the child, the child's father give her food for two years since the birth of her child and contribute to the extent appropriate, the costs associated with pregnancy and childbirth. The obligation to pay costs associated with pregnancy and childbirth arises a man whose paternity is likely even if the child is born alive.

(2) The court may, on application to save a pregnant woman to a man whose paternity is likely to amount required for the maintenance and contribution to the costs associated with pregnancy and childbirth are given in advance.

(3) The court may also, on a proposal to save a pregnant woman to a man whose paternity is likely to provide in advance the amount required to cover maintenance for the child, after which the woman belonged to a worker under another law maternity leave.

 

Common provisions on maintenance

§ 921

 

Nutritional be implemented in regular doses and is always payable one month in advance, unless the court decided otherwise or a person agreed with the nutrition required by the person authorized otherwise.

 

§ 922

 

(1) Maintenance may be awarded only after the start of legal proceedings; for maintenance for children and for a maximum period of three years back from that date.

(2) Maintenance for the unmarried mother and the costs associated with pregnancy and childbirth may be granted back, but no longer than two years from the date of birth.

 

§ 923

 

(1) a change in circumstances, the court may amend the Agreement and maintenance decisions for a minor child who was not in incapacitation.

(2) If there is a cancellation or reduction of maintenance for the last time for a minor child who was not in incapacitation, consumed nutritious is not refundable. Is returned or maintenance dose, which was to meet a child for a month in advance, but the child died before the end of the month.

 

Section 4

Special measures for child care

 

Preventive, educational and penalties

§ 924

 

If he becomes a situation of lack of care regardless of whether or not the person who is entitled to seek them out, or if the life of the child's normal development or other important interests seriously endangered or where disturbed, the court shall adjust the child's pre-conditions for a necessary period of time; court decision does not interfere if the child is not properly represented.

 

§ 925

 

(1) If required by the interest in the proper upbringing of the child, and failing that the social-legal protection of children, the court may

a) adequately warn the child, parents, the person in whose care the child has been entrusted, or the one who interferes with the proper care of a child,

b) provide supervision over the child and carry it with the cooperation of schools, social and legal protection of children, or other institutions and individuals that operate mainly in the home or workplace of the child, or

c) the child or parents impose restrictions that prevent its harmful effects on education, particularly the prohibition of certain activities.

(2) The court shall monitor compliance as educational measures decided on, and evaluate its effectiveness, usually in conjunction with the social-legal protection of children, or others.

 

§ 926

 

Responsibility to care for children and their protection or the care of his assets to a court decision a person other than parents, and parent and that person can not agree on the exercise of care, decide on the proposal of one of the court.

 

Section 5

Relations between the child and other relatives and others

 

§ 927

 

The right to associate with a child, persons related to the child, whether closely or remotely, and those socially close to the child if the child they have an emotional relationship that is only temporary, and if it is clear that lack of contact with these people for child meant harm. Also, the child has the right to associate with these people unless they agree to contact.

 

TITLE III

Guardianship and other forms of childcare

 

Part 1

Wardship

 

§ 928

 

(1) If there is no parent who has a child to exercise their parental responsibility in its entirety, the court appoints a guardian child.

(2) The trustee has to the child principle, of all obligations and rights as a parent, but not to the child maintenance obligations. With regard to the person or guardian of the child ratios, as well as with regard to the reason parents do not have all the obligations and rights may exceptionally be a range of obligations and rights of a guardian otherwise defined.

 

§ 929

 

If a situation arises referred to in § 928, paragraph 1, the guardianship authority for social and legal protection as a public trustee, and until the court appoints a guardian or the child until the trustee takes up the function.

 

§ 930

 

(1) The court appointed guardian, the child immediately after it detects that it is a child, who must appoint a guardian.

(2) If the trustee dies, loses the ability or the ability to exercise guardianship, or is relieved of his duties or dismissed from office and the other person has not yet been appointed to the position of trustee, the provisions of § 929 by analogy.

(3) The court shall as soon as a situation referred to in § 928, or paragraph 1, determines whether there is a suitable person who could perform guardianship. If they do not find such a person, appointed by the court to the position of trustee body of social and legal protection of children.

 

§ 931

 

(1) If it is not contrary to the interests of the child, the guardian appointed by the court, who suggested parents, unless that person refuses to guardianship. Otherwise, the court appoints a guardian of a person or close relatives of the child or his family, parent unless that person expressly excluded. If such a person, the court appoints a guardian of another suitable person.

(2) An individual appointed by the court, the appointment of his guardian refuse. The court will appoint another person.

 

§ 932

 

(1) appoint a guardian can only fully Every competent person who has a way of life ensures that the trustee is able to function properly perform. Before her appointment as guardian, the court finds that the appointment is not contrary to the interests of the child.

(2) The functions of guardian, the court may also appoint two persons, they are usually married.

 

§ 933

 

(1) The trustee is responsible for the proper performance of its functions and subject to constant surveillance court.

(2) The trustee takes over the appointment of its functions.

(3) Within ninety days after his appointment, submit an inventory of assets trustee soudu child, the court may this period be extended at the request of a guardian, but not later than sixty days.

 

§ 934

 

(1) Any decision of the guardian rather than routine matters concerning the child must be approved by the court. The legal guardian meetings, which meet the required court approval, shall be disregarded.

(2) The trustee gives soudu regularly report on the individual child and its development and management of accounts by his fortune, at least once a year, if the court determines a shorter period. The court may relieve the trustee obligation to submit a detailed statement spravovaného wealth does not exceed the likely costs yields of assets to preserve property and to education and child nutrition.

 

§ 935

 

(1) guardianship shall cease to take at least one parent poručence parental responsibility, or acquires the power to do. Guardianship also terminates when the child becomes incapacitation, or if it is acquired.

(2) upon his death Trusteeship function of guardian, or court decision on the discharge of his duties a guardian, trustee or on appeal.

 

§ 936

 

Soud relieve trustee functions, if requested to important reasons, or if it becomes a person who performed the function of guardian, the performance of the guardian ineligible.

 

§ 937

 

(1) The court shall recall guardian who violates their guardian duties.

(2) The court shall consider the appeal guardian if it finds the reasons for that is not appropriate for the trustee continues to carry out its function.

 

§ 938

 

(1) After the end of the performance of the trustee shall refer the person who performed the function, without undue delay and no later than six months, court everything he had because of their function together, and submitted his final report on the exercise the trusteeship functions, including its final account of the child trusts.

(2) the death of a person who served as guardian, his heir shall refer the tribunal any, he had died at each other because of the performance of his trusteeship function. If the heirs have the duty to everyone who has access to what the deceased was due to the performance of his trusteeship functions together.

 

§ 939

 

If the guardian is a person who personally cares for the child as if he was a child entrusted to the care of permanently, it has the physical security as foster parents.

 

§ 940

 

If the guardian caring for a child in person along with her husband, the provisions of the proportion of parents and his spouse to the child accordingly.

 

§ 941

 

(1) If the guardian is a person who personally cares for the child, and care for the child's property is very difficult, especially for the vastness and diversity of property file, the trustee may propose that the court appointed to manage the child's property guardian, the proposal is part of an inventory of assets child on the date of proposal.

(2) If the court appoints a guardian pursuant to paragraph 1, while defining the mutual rights and duties of the guardian and custodian.

 

§ 942

 

Unless a guardian appointed to manage assets, the provisions relating to a guardian for property management by analogy to the guardian who cares for the child's property, unless the provisions relating to the trustee provides otherwise.

 

Part 2

Child Custody

 

Section 1

Guardian

 

§ 943

 

Court shall be appointed guardian child if there is a conflict of interests of the child on one side and another person on the other hand, defend the legal representative of the interests of the child enough, or if it is in the interests of the child's need for another reason, or if so stipulated by law. Appointed guardian has the right to initiate proceedings whenever it is for the interest of the child's need for a court or other public authority in the matter of the child's mind.

 

§ 944

 

For guardianship, the guardian and ward, the provisions of the guardianship, guardian and poručenci appropriately.

 

§ 945

 

The decision to appoint a guardian court is to set in particular, why the guardian is appointed, whether and how the limited time frame during which the function to perform, what are his rights and obligations, including in relation to others, whether one needs to conduct a legal agreement court whether and how to report to the court whether entitled to a refund of all or some of the costs and the right to remuneration.

 

§ 946

 

Before proceeding a guardian on behalf of the child to a legal action for the implementation of which was named, finds the opinion of the parents or guardian, if possible, the child's opinion and, where appropriate, also the opinion of others.

 

§ 947

 

Guardian who was appointed only to a certain rule of conduct, the court relieved of his duties even if takes longer needed, which led to his appointment.

 

Section 2

Guardian for the child's property management

 

§ 948

 

The decision to appoint a guardian to manage property soud defining the scope of assets that will be the guardian to manage; also usually determines how the individual parts to dispose of assets, or what the treatment he prohibited.

 

§ 949

 

Guardian to manage property shall proceed in the exercise of their functions with due care and not to take excessive risks.

 

§ 950

 

(1) guardian for property management is responsible for the proper performance of its functions subject to the court and his constant supervision.

(2) For all acts guardian to manage property, the provisions on how parents manage the child's property perform similarly; court determines, if it considers it necessary that all acts guardian to manage property must be approved by the court.

(3) The guardian to manage property before the Court regularly reports and accounts of trusts, always for a period to be court sets, this time may be longer than one year.

 

§ 951

 

(1) guardian for property management has the right to deduct from the proceeds of property of the child the necessary costs associated with the management of property of the child. If proceeds are insufficient, the court may decide that the costs will be covered by assets.

(2) A guardian to manage property is entitled to reasonable remuneration from the proceeds of property of the child; paragraph 1 shall apply mutatis mutandis. The amount of remuneration and the period for which compensation is to be guardian to manage property established, the court shall determine the nature of the yield property of the child. The provisions of § 903, paragraph 2 shall apply mutatis mutandis.

 

§ 952

 

Termination of the guardianship for managing assets, the obligations of those who served as guardian of § 938 paragraph 1, mutatis mutandis. He died the guardian shall apply mutatis mutandis the provisions of § 938 paragraph 2

 

Part 3

Child custody and foster care of another person

 

Section 1

Custody of another person

 

§ 953

 

(1) If he can not personally care for a child of any parent or guardian, the court may place the child in personal care for another person (hereinafter referred to as "caregiver"). The decision on custody shall be consistent with the interests of the child.

(2) placing the child in personal care substitute caregivers foster care, or care předpěstounskou care, which must precede the adoption. Takes precedence over the care of a child in institutional care.

 

§ 954

 

(1) Caregivers must guarantee the proper care, have a residence in the Czech Republic and accept the child in the conferring of personal care.

(2) has taken the personal care of a child or relative of a person close to the child, gives her court over another person, unless it is consistent with the interests of the child.

 

§ 955

 

Duties and rights of carers court shall determine, otherwise shall apply mutatis mutandis the provisions of foster care.

 

§ 956

 

(1) The court determined the extent of maintenance to parents with regard to their capabilities, abilities and financial circumstances and the obligation to pay alimony to the attention of caregivers.

(2) Care has the right to enforce maintenance payments provided to parents to a child who has the care and the right to alimony for the child to manage the interests of the child according to his needs and in accordance with its interests. The court may farming with nourishing the child to adjust, especially to determine what portion will be allocated to consumption and how much will be saving a child.

 

§ 957

 

If it is impossible for parents or other relatives to save the child maintenance obligation, the provisions of § 953 to 956 shall not apply.

 

Section 2

Fostering

 

§ 958

 

(1) If he can not personally care for a child of any parent or guardian, the court may place the child in personal care guardians.

(2) Foster care takes precedence over the care of children in institutional care.

(3) The court may place the child in foster care on a temporary basis. Details of the other law.

 

§ 959

 

(1) The foster care, the court may decide the time it takes impediment to the parents in private child care.

(2) A parent may request the child back to his personal care. The court shall be granted when it is consistent with the interests of the child.

 

§ 960

 

(1) Parents have a duty to the child and the rights arising from parental responsibility, except for the rights and obligations prescribed by law for foster parents unless the court for reasons worthy of special consideration, decides otherwise.

(2) Parents have a right to the child personally and regularly associate and the right to information about the child unless the court for reasons worthy of special consideration, decides otherwise.

 

§ 961

 

(1) placing a child in foster care does not affect the duration of the maintenance obligations of parents to the child. The court determined the extent of maintenance to parents with regard to their capabilities, abilities and financial circumstances and justified needs of the child.

(2) belongs to the child allowance to cover its needs in accordance with another law, the rights of the child to the state. If more nutritious than this post, unlike the child belongs. The court decides on the payment method and nutrient management.

 

§ 962

 

(1) Who is to become a foster parent, must guarantee the proper care, have a residence in the Czech Republic and must match the conferring of a child in foster care.

(2) has taken the personal care of a child or relative of a person close to the child, gives her court over another person, unless it is consistent with the interests of the child.

 

§ 963

 

The court may delegate to those interested in child care, foster care to předpěstounské, its length determined taking into account the circumstances of the case. Over the course of care and the success předpěstounské supervises.

 

§ 964

 

(1) A child may be entrusted to a common joint foster care foster parents if they are married.

(2) The court which decides on divorce, foster common, this marriage not divorce until they have adjusted the duties and rights of foster parents after the divorce. Divorce spouses joint foster care expires.

(3) If the death of one of the common foster parents, child remains in foster care for a surviving spouse.

 

§ 965

 

(1) With the consent of other spouse's child may be entrusted to foster care, only one spouse.

(2) consent of the other spouse to the child in foster care is not necessary if the other spouse is not fully Every competent or if the action associated with his consent overridden difficult obstacle.

(3) The personal care of a child in foster care are involved husband and guardian, if living in family households.

 

§ 966

 

(1) foster-father is entitled and obliged to personally care for the child.

(2) foster-father in the upbringing of the child adequately perform the duties and rights of parents. It is required and authorized to make decisions only on routine matters of the child, the child in these matters represent and manage its assets. It has a duty to inform parents about the child's substantive issues. However, if circumstances so require, down additional responsibilities and rights of foster court.

(3) Paragraphs 1 and 2 shall apply mutatis mutandis to those interested in foster care, which the child was entrusted to the care předpěstounské.

 

§ 967

 

Foster parent has an obligation to maintain, develop and deepen the solidarity of the child with his parents, other relatives and persons close to the child. He has an obligation to allow contact of parents with a child in foster care, unless the court provides otherwise.

 

§ 968

 

A child with foster care helps, according to their capabilities and skills in pěstounově household if their own income, and contributes to cover the common needs of the family.

 

§ 969

 

If a material change in circumstances or there is disagreement between parents and foster parent in substantial matters concerning the child, the child, parent or legal guardian to request the court amendment to the rights and obligations, cancellation of foster care, or other decision.

 

§ 970

 

Foster care expires at the latest, if a child comes into full incapacitation, or the age of majority.

 

Part 4

Constitutional Education

 

§ 971

 

(1) If the child's education or physical, intellectual or mental condition, or its orderly development seriously threatened or disturbed to the extent that it is contrary to the interests of the child, or if there are serious reasons for which the child's parents unable to secure his education, as the court may also order the measures necessary institutional care. It does so particularly when previously taken corrective measures have not led. The Court always considers that it is not preferable to place the child in the care of individuals.

(2) In the event that parents can not provide serious reasons to raise children on a temporary basis, the court entrusts a child to a facility for children in need of immediate assistance for a period not exceeding six months.

(3) Inadequate housing conditions or financial circumstances the child's parents or persons to whom the child was entrusted to the care, they can not themselves be grounds for a court decision on institutional care, if they are otherwise eligible parents to ensure proper upbringing of the child and the fulfillment of other obligations arising from their parental responsibility.

(4) the court decision ordering the institutional care, identify the equipment in which the child should be placed. Bearing in mind the interests of the child and the expression of the social-legal protection of children. The court shall ensure the placement of the child as close to home parents or other persons close to the child. This applies even if the court decides to transfer the child to another facility for institutional or protective care.

 

§ 972

 

(1) Constitutional Education may prescribe a maximum period of three years. Institutional care can be before three years of her extended if, for reasons of institutional care still persist. Duration of institutional care can be extended repeatedly, but always for a maximum period of three years. During a court decision on the revocation or extension of institutional care, the child remains in institutional care, even though time had elapsed before a court set.

(2) If the reasons for which the institutional education ordered or if it is possible to ensure the child other than institutional care, the court shall revoke institutional care as well as the case may be decided on who will henceforth be entrusted to the care of a child.

(3) Constitutional Education terminated by a court decision on adoption. It was decided to custody future adopters according to § 823 or 829, institutional care is interrupted.

 

§ 973

 

It was decided by the court under § 971, the court must at least once every six months to examine whether there are grounds for the enactment of this measure or that it is not possible to provide child foster care. For this purpose, especially

a) demand competent authority report to the social and legal protection of children,

b) to procure a child's expression of opinion, if the child is able to create and tell him, after being court with regard to his age and intellectual maturity, properly instruct and

c) invite the parents of the child to express their views.

 

§ 974

 

For important reasons, the court may extend to institutional care for one year after reaching age of majority.

 

§ 975

 

If the court decides on the placement of a child in institutional or protective care, adjust the scope of maintenance responsibilities of parents.

 

PART THREE

ABSOLUTE PROPERTY RIGHTS

 

TITLE I

GENERAL PROVISIONS

 

§ 976

 

Absolute property rights in relation to any act, unless otherwise by law.

 

§ 977

 

Only the law stipulates that property rights are absolute.

 

§ 978

 

The provisions of this agreement may be waived with effect against third persons only if permitted by law.

 

TITLE II

Real rights

 

Part 1

General Provisions

 

§ 979

 

The provisions of this Title shall apply to the tangible and intangible things, the rights but only to the extent, if permitted by their nature and does not follow the law of something else.

 

§ 980

 

(1) If a public list of registered right to the point, ignorance is no excuse for anyone registered data. If this is provided by law shall be entered into the public list of rights in rem in addition to the right of use or consumption, as well as limiting the scope or manner of use or usufruct ownership.

(2) Where the right to the point recorded in the public register shall be deemed to have been written in line with the actual situation. If there was a right to a public list of things cleared, it is considered that there is.

 

§ 981

 

If a public list of registered property right of another person's property has priority over the substantive law that is not apparent from the public list.

 

§ 982

 

(1) In order for property rights to property decides the time the application for registration of the right. The right, recorded on the basis of proposals submitted at the same time have the same order.

(2) An owner of the property right to own things, before this law may dedicate to the public list and write preference to any other right, if a reservation to the public list of registered only after the establishment of substantive law, requires the consent of the person whose law should be affected. The registration rights, which it was reserved for a better order, the consent of the person whose right is subject to the limitations, unless to be right, which shows better retention order entered in the public list to a greater extent than it follows from the reservation.

 

§ 983

 

(1) If a public list of registered pre-emptive right to establish the substantive rights of any other person, and if not, within one year of the entry of an application for registration of rights, which the prior right is concerned, the owner may obtain the cancellation of preferential rights. If the outcome of one who has a prior right, before the expiry of an action for conversion or other establishment of a right in rem, period begins to run from the conclusion of the proceedings, the dismissal of the action will, however, the preferential right deleted at the request of the owner at the time of the decision.

(2) If a public list of registered prior rights as conditional or accompanied by time period begins to run under paragraph 1, the date when the preferential right to become enforceable.

 

§ 984

 

(1) If the condition written in the public list in accordance with the actual legal status, written evidence in favor of the status of the person who acquired the right material for a fee in good faith from a person authorized to do so by the registered state. Good faith is assessed to the time when the practice was legal, but if there is substantive right to public entry in the list, then the time of application for registration.

(2) For the necessary path výměnek and property right arising from the law without regard to the status of entries in the public list, the first sentence of paragraph 1 shall not apply.

 

§ 985

 

If the state enrolled in the public list in accordance with the actual legal position may be the person whose property right is affected, seek the removal of non-compliance, if he proves that it exercised its right, write it at the request of the public list. The judgment given on the right in rem against any act which the law was written in the public list after the person applied for registration.

 

§ 986

 

(1) Who claims to be without prejudice to his right in writing made in a public list without legal reason in favor of another, you may seek the cancellation of such registration and ask that this be noted in the public list. The body, which leads a public list, deletes controversial note the registration if the applicant can demonstrate, or within two months of receipt of the request that his right has been exercised in court.

(2) asked if the applicant for registration of mootness stigmatization within one month from the date of registration is learned, has the right to anyone who denied enrollment or who testifies under it reached on addition, at the end of that period, but only against the , who ascended to write without being in good faith.

(3) Unless the applicant for registration of foreign law properly notified, the period referred to in paragraph 2 to three years period begins to run from the day he was denied entry is made.

 

Part 2

Tenure

 

§ 987

 

Holder is the one who exercises the right for himself.

 

§ 988

 

(1) hold, the law, the legal actions that can be transferred to another, which allows continuous or repeated performance.

(2) Personal Law is not subject to tenure or prescription. But who honestly performs personal right, is entitled to his alleged right to pursue and defend.

 

§ 989

 

(1) The right of ownership held by the one who took things that had it as an owner.

(2) any other right held by one who started out as a person to whom such right is entitled under the Act, and other persons who comply with it full.

 

Acquisition of tenure

§ 990

 

(1) tenure may be acquired directly by the holder of it takes its power. Immediately take possession of the extent to which it actually took holder.

(2) may take possession derived by prior holders converted their holdings to a new holder, or by the new holder takes possession as the legal successor of the current holder. Derivation is acquired tenure in the extent to which it had the previous holder and in which it transferred to a new holder.

 

§ 991

Regular tenure

 

Tenure is proper if it is based on a valid legal reason. Who will take possession immediately, without abolishing foreign possession, or who will take possession of the previous holder or on the statement by a public authority is the proper holder.

 

Fair tenure

§ 992

 

(1) Who is the compelling reason for the fact that it has the right to exercise, the holder of the fair. Dishonestly keeps someone who knows or who should be apparent from the circumstances that exercises the right, belonging to someone else.

(2) dishonesty representative on the acquisition or possession in the exercise of agent tenure is unfair. This does not apply if represented by the special order with respect to that held by representatives ordered the possession or assumed to be performed.

(3) belongs honest holder the same rights as holders of ordinary.

 

§ 993

Possession

 

Unless it is proved that someone is sneaking in the possession of arbitrary or that it crept in secretly or by stealth, or that anyone seeking permanent right turn into what he was only allowed to obtain for, it is a right of possession.

 

§ 994

 

It is understood that tenure is a good, honest and true.

 

§ 995

 

It upheld the action contesting the possession or her honesty, it is unfair for honest holder no later than when it was delivered to the action. Chance, in which case the owner was not managed, it comes against the holder only if the dispute arbitrarily detained.

 

Tenure of property rights

§ 996

 

(1) Honest holder may, within a matter of law to hold and enjoy it, even her and destroy her, or otherwise dispose of it and is not accountable to anybody.

(2) hold honest fruits belong to all things, once you separate. It also already selected all the benefits that come for tenure.

 

§ 997

 

(1) honest holder must pay the costs that have been ongoing for maintaining the substance of things needed and the costs incurred by efficiently and increasing the usefulness of the thing or its value. Compensation due to the amount present value, if that does not exceed the actual cost.

(2) Usually the maintenance costs are not reimbursed.

 

§ 998

 

The costs made by the holder of honest preferences for decoration or to pay just as much about how to increase the market value of things, the former holder may to your advantage to remove everything that can be separated from the case without compromising its essence.

 

§ 999

 

Even honest holder can not demand that he be reimbursed the cost, for which a transferred matter.

 

§ 1000

 

Dishonest holder shall make any profit, which came into possession, and replace the one that would get short person and all damages that resulted from his tenure.

 

§ 1001

 

Make the necessary dishonest holder expenses, which were needed to maintain the essence of things belonging to him to replace them. As for other costs shall apply mutatis mutandis to unattached directors.

 

§ 1002

Holdings of other rights

 

For holders of other rights applies § 996 to 1001 as appropriate.

 

Protection of tenure

§ 1003

 

No one is entitled to possession of arbitrary disturbed. Who was disturbed in possession may claim that the violator refrain from interference, and everything said in a previous state.

§ 1004

 

(1) If the holder of the threatened execution of a project held by real estate property or where it is for this reason to fear the consequences specified in § 1013 and fails if it is against the builder through law may be threatened by the holder to claim the prohibition on the building. Ban the holder can not claim if the administrative proceedings to which the party has not exercised its objections to the application of such structures, although could have done so.

(2) Until a decision on the matter, the court may prohibit the construction is carried out. But if there is a direct danger, or if the defendant give reasonable assurance that the matter stated in the previous state and damages the plaintiff but for sure not the consequences of their ban, the court decided otherwise, that are still in continued execution of the project unless the circumstances of the case warrant a ban .

 

§ 1005

 

In case of removal of construction § 1004 applies mutatis mutandis.

 

Retention of possession

§ 1006

 

The holder may be svémocnému resist interference and the things that was taken from him, the offense again rušebním authorize the same time does not exceed the limits of necessary defense.

 

§ 1007

 

(1) If the holder holding expelled, may seek to vypuditeli to refrain from further expulsion and to restore the original state. Against the application for protection of tenure could be argued that the plaintiff against the defendant obtained possession of false or that he was evicted holding.

(2) Expulsion of tenure rights occurs when the other party refuses to comply, as far met when someone prevents the exercise of rights or obligations already oblivious to refrain from any action.

 

§ 1008

Limitation period

 

(1) The court shall reject the application for the protection or preservation of tenure, if the action is brought after the expiration of six weeks from the date on which the plaintiff became aware of their rights and the person who threatens or tenure canceled, but no later than one year from the date on which plaintiff could exercise their right the first time.

(2) The expulsion of opposition from holding court disregarded if it is the defendant invokes the time limits specified in paragraph 1

 

§ 1009

Termination of tenure

 

(1) Holdings shall cease, abandon it if the holder of, or permanently lose the right to exercise contents that have not yet performed. Tenure also lapse if the holder of the expelled and not store it yourself or by legal action.

(2) If he does the holder of the tenure, the tenure shall not cease. Even the death of the holder or his demise does not cause extinction of tenure.

 

§ 1010

Spoludržba

 

Spoludržba is governed by the provisions on the possession of adequate and common rights.

 

Part 3

Property

 

Section 1

The nature of property rights and its scope

 

Scope and content of property rights

§ 1011

 

Everything that belongs to someone, all of its tangible and intangible things, is his property.

 

§ 1012

 

The owner has the right to their property within the limits of law and any other person to dispose of it excluded. The owner is prohibited in excess of reasonable circumstances seriously interfere with the rights of other persons, and to perform such acts, whose main purpose is to harass another person or damage.

 

Restrictions on ownership

§ 1013

 

(1) The owner shall refrain from everything that makes the waste water, smoke, dust, gas, odor, light, shadow, noise, vibrations and other similar effects (air pollution) trespassing on property of another owner (neighbor) to the extent excessive local circumstances and substantially restrict normal use of the land, it applies to animals entering. The direct air pollution lead to another land owner regardless of the extent of such impacts and the degree of neighbor harassment, unless it is based on a specific legal reason.

(2) If the air pollution due to operation of the plant, or similar device, which was officially approved, the neighbor has the right to just compensation for loss of money, even if the injury was caused by circumstances to which the official did not take into consideration. This does not apply if the implementation of traffic exceeds the extent to which it was officially approved.

 

§ 1014

 

(1) When an alien on the property movable thing, it shall be the owner of the land without undue delay to its owner or the person who had it with him, otherwise he will enter his property and the case and take a look. Likewise, the owner may be prosecuted for trespassing animal is kept or swarm of bees, flies, however, if a swarm of bees in the hive foreign occupied, owner acquires title to the hive swarm, without being obliged to spare.

(2) Does the thing, an animal, a swarm of bees or the exercise of rights under paragraph 1, land damage, land owner has the right to compensation.

 

§ 1015

 

Caused when the movable property damage on private land, the land owner to hold it until it receives a security or other damages.

 

§ 1016

 

(1) Fruit fallen from trees and shrubs on neighboring land belongs to the owner of neighboring land. This does not apply if the neighboring site of a public good.

(2) fails if the owner within a reasonable time after being asked by a neighbor, the neighbor may sound manner and at the appropriate time of year to remove the roots or branches of the tree over on his land if he has a difficulty, or other damage in excess of interest preserving the pristine tree. He also belongs, as removed from the roots and branches of sources.

(3) Parts of other plants on the adjacent property in excess of the neighbor-friendly way to remove without further restrictions.

 

§ 1017

 

(1) If a land owner for reasonable cause, may require the neighbor to refrain from planting trees in close proximity to common boundaries, and if it is planted or left to grow is to be removed. Unless other legislation or does not follow the local custom of something else, pay for the trees usually growing more than 3 m height as the permissible distance from the common land boundary 3 mA for the other trees of 1.5 m

(2) The provisions of paragraph 1 shall not apply if the land adjacent to forest or orchard trees are to rozhradu or if a tree specially protected under other legislation.

 

§ 1018

 

Land must not be modified to neighboring land lost due support, shall be made unless other satisfactory mounting.

 

§ 1019

 

(1) A landowner has the right to require modified construction of a neighbor on the adjacent land so that the building did not fall barking water or snow or ice on his land. If, however, runs the land naturally elevated land from water, especially if it comes or from rain or thaw, a neighbor can not require that the owner of this land their land modified.

(2) If the land lying below the required water supply, the neighbor of the owner of land situated above require that runoff does not restrict the extent to which the water he needs.

 

§ 1020

 

If the land owner for reasonable cause, may require the neighbor to refrain from setting buildings on neighboring land near the common boundary.

 

§ 1021

 

Owner to enter his neighbor's property at the time, extent and manner that are necessary for the maintenance of land adjacent to or loss on it, can not achieve this purpose, otherwise the neighbor but the owner will replace the damage caused by land.

 

§ 1022

 

(1) If he can not build or demolish the building, or can not be repaired or restored except by using the adjacent land owner has the right to request a neighbor to reasonable compensation for suffered what is needed for these works.

(2) Applications can not be accepted where it exceeds a neighbor's interest in the enjoyment of land to carry out the work.

 

§ 1023

 

(1) A landowner must accept the use of space over land or under the land, if an important reason for this happening and if in such a way that the owner can not have good reason to oppose it.

(2) The use of such foreign space no one can derive the law, which could rely on someone because of apostasy, which entitled to use, but if in consequence of such use created an officially approved facility, the owner may claim damages.

 

Rozhrady

§ 1024

 

(1) It is understood that fences, walls, boundaries, ditches and other similar natural or artificial rozhrady between adjacent lands are common.

(2) common wall, each taking on their side until the middle of its thickness and to establish in the niches where they are on the other side. But it must not do anything that will jeopardize the wall or what a neighbor interferes with the use of its parts.

 

§ 1025

 

Where are rozhrady double or where ownership is divided, each maintaining his own expense, what is his.

 

§ 1026

 

The owner is not obliged to rebuild the dilapidated wall, fence or other rozhradu restored but has to be kept in good condition if there is a consequence of damage to the neighbor's shame. However, if such a breach rozhrady that threatens the boundary between land becomes noticeable, each neighbor has the right to request the correction or restoration rozhrady.

 

§ 1027

 

On a proposal from a neighbor after finding and opinion of the planning authority, the court may impose landowner duty to fence the site, if necessary to ensure uninterrupted performance of the neighbor's property rights and when it does not purposeful use of other lands.

 

§ 1028

 

If the invisible boundary between land or doubtful, each neighbor has the right to require the court to determine the latest peaceful tenure. If you can not be ascertained, the court boundary by a decent choice.

 

The necessary road

§ 1029

 

(1) The owner of immovable property on which you can not properly manage or otherwise use it properly because it is not sufficiently connected to the public way, may request that his neighbor allowed as a substitute for the necessary path through your site.

(2) An essential way, the court may allow in the range that corresponds to the need for real estate property owner to use it properly with the lowest possible cost, even as servitude. At the same time care must be taken that the neighbor was setting up the necessary paths or using the least bothered by the plot and the least affected. It must be separately considered, if the applicant authorize the establishment of new routes.

 

§ 1030

 

(1) With due consideration is a necessary way of atonement and injury if not already covered by payment. If permitted by the foreign private shared use paths, remuneration shall include the increased cost of maintenance.

(2) The owner of immovable property in whose favor was necessary path is enabled, provide reasonable assurance of any damage caused to the affected land, this does not apply if it is clear that the visible damage to the affected land does not arise.

(3) Implementation of paragraphs 1 and 2, it is primarily the landowner of the permit necessary paths, if not also be without prejudice to property right of another person to the affected land to provide those services within a reasonable range and her. Another person, whom he was to set up the intangible assets other right, entitled to compensation for injury suffered against the owner of the land, it must be taken into consideration in the determination under paragraph 1

 

§ 1031

 

If it was allowed to set up on the said land is necessary as an artificial way, it shall establish and maintain the person in whose behalf it was allowed.

 

§ 1032

 

(1) The court shall not authorize the necessary path

a) If the damage exceeds the neighbor's property so obviously necessary edge path

b) caused to the lack of access due to gross negligence or intentionally, the person who asks a necessary trip or

c) asks if the only way necessary for convenient connections.

(2) Not necessary to enable a closed path through space in order to make it to the foreign person did not have access to or through the site where the public interest in preventing such a way to set up.

 

§ 1033

 

(1) surrounds the immovable thing in the absence of several adjacent parcels shall be permitted only necessary journey through one of them. In doing so, consider, through which the land is the most natural approach in the present consideration of the circumstances set out in § 1029 paragraph 2

(2) loses the immovable thing conjunction with a public way so that the land was divided, it can only apply for the necessary travel of a person who participated in the division. In this case, the necessary route permit without payment.

 

§ 1034

 

When removal of the cause for which was granted the necessary way, without the legitimate side of some other cause for maintaining the path, upon the motion of the owner of the land necessary trip is canceled.

 

§ 1035

 

(1) Upon termination rights necessary paths remuneration does not return, made with certainty, however nicely.

(2) If payment for the necessary travel payable in installments or in repeated doses, terminates the obligation to pay installments or benefits that the extinction law are due to the necessary paths.

 

§ 1036

 

When you need to set up an artificial path as necessary, the owner of the land, require the applicant took ownership of the land needed for the necessary path. Then the price is determined not only with respect to the price of ceded land, but also with regard to the depreciation of the remaining property of the owner.

 

Expropriation and restrictions of property rights

§ 1037

 

In a state of emergency or urgent public interest may be the time necessary and to the extent necessary to use the owner's thing, if the purpose can not be achieved otherwise.

 

§ 1038

 

In the public interest which can not be met otherwise, and without law can restrict the ownership or expropriate thing.

 

§ 1039

 

(1) The limitation of property rights or things belonging to the owner of expropriation full compensation corresponding to the extent that his property was affected by these measures.

(2) Compensation shall be provided in cash. However it may provide another way, if the Parties ujednají.

 

Protection of property rights

§ 1040

 

(1) Whoever wrongfully restrains thing, the owner may be sued to be released.

(2) Sue the issue of things not one thing in his own name who the purchaser disposed of without being its owner, and then to her right to property acquired, acquiring ownership of the transferor to the transferee becomes the owner of things.

 

§ 1041

 

(1) Whoever claims that the matter was issued, it shall describe such characters, which distinguishes from other things of that kind.

(2) Issue of movable property that can not be recognized under paragraph 1, particularly if the money or securities in bearer mixed with other things of that kind may be sought only possible if the circumstances playlist title to persons who law, the lack of good faith and the person to whom it is required of the asset.

 

§ 1042

 

The owner can claim protection against anyone who wrongfully to his ownership affects or is canceled otherwise than by holding the matter.

 

Alleged protection of property rights

§ 1043

 

(1) The one who came into possession of property rights fairly, properly and in the right way, are viewed as against the owner, who retains the matter or otherwise cancel it without having to have legal reason, or where a legal reason as well strong or weak.

(2) If someone gained the possession of title without charge and another for a consideration, it is free of charge for the acquisition of weaker legal ground.

 

§ 1044

 

If someone has a thing for himself, without his evidence the presumption under § 1043, may exercise the right belonging to the owner to protect his own name.

 

Section 2

Acquisition of property rights

 

Subsection 1

Appropriation and finding

 

Appropriation

§ 1045

 

(1) The thing that does not belong to anyone, everyone can steal, if there are any other Act or law for the appropriation of things. Movable thing the owner had left because he wants to keep as his, not anyone.

(2) Abandoned thing seems immovable in state ownership.

 

§ 1046

 

(1) Wild animal is without a master, while living in freedom.

(2) The captured animal will become an animal without a master when it has a freedom and its owner is immediately and continuously prosecute or searches in an effort to capture them again. Such an animal but the animal does not happen without a master, it is labeled in such a way that can identify its owner.

 

§ 1047

 

(1) The Taming of the animal, which the owner does not manage and which did not itself to the owner within a reasonable time of return, although no one in that it does not, becomes an animal without a master, and allowed them to steal private land owner, the public goods then anyone. It is true that a reasonable time to return the animal to the owner of the period of six weeks.

(2) Paragraph 1 shall not apply if the animal is identified in such a way that can identify its owner.

 

§ 1048

 

Pets are considered abandoned if it is obvious in the circumstances the owner's intention to dispose of the animal or expel. This also applies to pet.

 

§ 1049

 

An animal kept in a zoo and fish in the pond or similar device that is not a public good, not without a master.

 

§ 1050

 

(1) If the owner does not exercise ownership of movable property for three years, it is understood that he left. If the movable thing that the owner was probably a very small value left in a place accessible to the public, shall be deemed abandoned automatically.

(2) If the owner does not exercise ownership of immovable property for ten years, it is understood that he left.

 

Finding

§ 1051

 

It is understood that everyone wants to keep his property and found that the case is not abandoned. Who finds the thing, it may not automatically be considered abandoned and appropriate it.

 

§ 1052

 

(1) returns the finder of lost the person who lost it, or the owner against payment of necessary expenses and nálezného.

(2) If the circumstances to determine who should be referred back, and unless it is a lonely thing, it shall without undue delay finder finding the municipality in whose territory has been found, usually within three days if it was found, the case in a public building or public vehicle, surrender finder find an operator of such facility, which is maintained under other legislation, and if not them, it shall proceed as if the finder.

 

§ 1053

 

(1) The municipality will announce the finding in the usual manner. If the logs within a reasonable time, the one who lost the case and if it is a matter of considerable value, the municipality should take steps to finding came in a wider audience.

(2) If the owner of the community itself, mainly unmistakable description of the case, shall find him and invite him to the thing took over.

 

§ 1054

 

(1) The municipality decides how it will be found a matter of storage. With the consent of the finder or other person and, if appropriate, the municipality may decide that the matter will be kept by that person. Items of substantial value, particularly a higher amount of money, the municipality submits to judicial custody rule or impose other appropriate means.

(2) Case, which can not be kept without apparent damage or you can save only with unreasonable costs, the municipality will sell at public auction and the proceeds disposed of according to paragraph 1 but before deducting their own expenses with the current administration of things. With the sale of things in any way dispose of the village, this does not apply if it is a matter about which there can be doubt about its uniqueness and value.

 

§ 1055

 

Thing or proceeds shall stripped for her community, including fruits and benefits and less cost and nálezného to those who lost a thing, or owner, if they register within one year from the publication of findings.

 

§ 1056

 

(1) Finds finders belongs, even if the owner can probably tell from the signs of things, or other circumstances.

(2) Finds is a tenth of price discovery. However, if the lost cause value only for those who lost it, or its owner, according to belong finders find a decent fit.

 

§ 1057

 

(1) does not register if no one thing to one year after the publication of the finding the finder, municipality or other person to whom the case was entrusted to handle things like an honest holder. If, however, lies in finding the money, they can just enjoy these people, it is true as a matter of the proceeds withheld.

(2) is logged if the person who lost a thing, or its owner after a period of one year from the publication of the judgment and before the expiry of three years from the publication of the award shall be delivered to him a thing or proceeds as it stripped after paying expenses and nálezného.

(3) expires three years after the publication of the finding, the finder acquires, municipality or other person to whom the case was entrusted ownership of the goods or the proceeds for her strženému.

 

§ 1058

 

(1) If the found animal for which it is obvious that the owner should notify the finder finding the village without undue delay, unless the circumstances to determine who should be returned.

(2) A person who takes care of them found an animal, caring for them as an ordinary farmer, until it takes up the owner.

 

§ 1059

 

(1) If the animal is found apparently intended for hobby farming and logs if one of them within two months of this judgment, it acquires title to the finder.

(2) declares the finder community that the animal does not want to take, and entrusted to the village irrevocably animal to a person who operates a shelter for animals, that person may freely dispose of the animal, if one of them does not register within four months from the date of the animal was entrusted to her. If the finding was announced to the delivery of the animal begins to run from the time this judgment.

 

§ 1060

 

Declares the village finder, found that the thing will not take, pass the right thing or the proceeds for her stripped and used to acquire the municipality in whose territory has been found. Acquisition of property rights arises municipality to pay finder finds.

 

§ 1061

 

Finders, finding that notifies it appropriates or otherwise violates its obligations, the payment does not belong, and find or can not find or use it to acquire ownership under the provisions of this Act on the findings. This does not affect its obligation to pay damages.

 

§ 1062

 

If it finds any thing while several persons are also entitled to be jointly and severally. Spolunálezcem is the one who saw the thing and tried to attain it, though it took before someone else does.

 

Finding hidden things

§ 1063

 

The finding things buried, hidden or otherwise bricked are the same as finding a lost cause. Finder finds but does not belong, if the owner knew about hiding things.

 

§ 1064

 

(1) unless it is clear who is hidden thing, it shall notify the finder to find the owner of the land and the municipality in whose territory has been found; § 1062 shall apply mutatis mutandis.

(2) will accrue if the thing hidden under other laws in the state, county or municipality, the finder of the Agreements with the landowner, one of them leaves the matter and pay half the price of other things. If you disagree, the matter belongs to the landowner and the finder will pay half the price.

 

§ 1065

 

Remedial person to find lost or hidden things and the finder does not belong to her just reward for the quest, if it was settled.

 

Subsection 2

Natural increase

 

Increase in intangible assets

§ 1066

 

Fruits that land issues by itself, without cultivation, belongs to the owner of the land. The same applies to the natural fruits of other immovable property.

 

§ 1067

 

The tree belongs to it, from whose land growing tribe. If the strain grows on the border lands of different owners, the tree is common.

 

Silt and ravine

§ 1068

 

Gradually alluvial soil on the bank belongs to the owner of the coastal land. This also applies to the action of wind increments generated or other natural forces.

 

§ 1069

 

Large and recognizable part of the land, the river washes away to another shore, becomes part of the coastal land, if the original owner of the land odplavenému not exercise its right for one year.

 

§ 1070

 

(1) separates the river from the site as part of the island, the owner of raw land vlastníkem island.

(2) In other cases, the island belongs to the owner of the water trough.

 

§ 1071

 

Water trough or ravine incurred as a result of the island becomes the property owner of the original riverbed.

 

§ 1072

Increase movable

 

Natural increase of movable property belongs to its owner.

 

§ 1073

 

(1) Fruit, which gives the animal belongs to the owner of the animal.

(2) The fertilization of an animal can claim the reward only if it has been settled.

 

Subsection 3

Artificial increase

 

Processing "

§ 1074

 

(1) The new thing resulting from the processing of several movable property owners so that the processed things can not be given to the previous state at all, or only with great expense and with considerable loss, as the owner belongs to those who work or material contributed the most value result.

(2) The owner of new things to pay to those who lost property rights, the value of processed things and those who are involved in the outcome of work, remuneration for work.

 

§ 1075

 

(1) The owner of the thing in processor processed the new thing in good faith, is left to the will, if he appropriates a new thing and another will replace what he lost or whether the matter for compensation leave.

(2) The right to choose a more favorable solution to expire, unless exercised within one month from the date when the owner found out things to process.

 

§ 1076

 

(1) If you can not identify a single owner of the new things that belong to the ownership thing vlastníků processed things. The shares are determined by the value of processed goods, if not possible, their shares are the same.

(2) Co-owners to pay jointly and severally pay to the person who prepared the case.

 

§ 1077

 

If a foreign thing just to fix other things, of the owner corrected things, and replace the things vlastníkovi processed value of any foreign matter.

 

Mix

§ 1078

 

(1) Blend If several movable property owners to restore the previous state is not possible, but without breaking the whole nature can be divided into parts, leaves, each at will, if you separate the proportion of what has been mixing, or whether will claim what lost. Unless the person who mixed things, in good faith, the owner has the right to leave him his share of the mixed case for a full refund.

(2) The provisions of § 1075, paragraph 2 shall apply mutatis mutandis.

 

§ 1079

 

When mixing the same kind of movable property, particularly if it in their custody, to apply § 1078, the owners of things mixed ownership is transferred aliquot of mixed things.

 

§ 1080

 

Who participated in the mixing of foreign affairs and was not in good faith, it will replace the affected owners also lost profits, actual damages, however, paid only to the extent that the owners did not achieve its compensation under the foregoing provisions.

 

§ 1081

 

Who among those who participated in the merger case, the new thing with him, although it has to give is not required to do so until his owner does not pay compensation.

 

§ 1082

Common provisions

 

Who is obliged to provide processing or mixing of compensation to another person is not obliged to carry out more than they would be obliged to comply with unjust enrichment.

 

Construction

§ 1083

 

(1) If you take a stranger thing to build on his land, the building becomes part of the land. A landowner replace vlastníku things used its value.

(2) Who has been in use for the construction of foreign matter in good faith, things used vlastníku replace the lost income, pay the actual loss but only to the extent that it reached its vlastník compensation under paragraph 1

 

§ 1084

 

(1) The building established on the land of another case, the owner of the land.

(2) A landowner will replace the person who set up the construction of private land in good faith, reasonably incurred expenses. A person who was not in good faith, has the same rights and duties as executive unattached.

 

§ 1085

 

The court may, on application of the landowner to decide that the person who set up construction on private land, although it does not have the right, at its own expense to remove the building and bring the site to the previous state. The court shall take into account whether the establishment of a building in good faith.

 

§ 1086

 

(1) Who in good faith established on land of another building, has the right to claim after the land owner, who knew and setting up structures without undue delay, it did not prohibit the land transferred to him for the usual price. Also, a landowner has the right, after the founder of construction require that land purchased for the usual price.

(2) upon the motion of a party commanding the land into the ownership structure of the founder and decide on its obligation to pay the landowner compensation.

 

§ 1087

Breaks

 

(1) interfere to set up a permanent structure on land owned by only a small part of a small part of a foreign land, it becomes part of the land owned by the founder breaks built building, this does not apply if the founder did not build buildings in good faith.

(2) Who built in good faith, will replace the owner of land, part of which was built up breaks the usual price of acquired land.

 

Subsection 4

Mixed growth

 

§ 1088

 

(1) When a foreign land sowing seed or planting foreign plants belong to the owner of the land will be added as follows; plants belong to him, after having become entrenched.

(2) The compensation for seeds and plants apply § 1083 and 1084 similarly.

 

Subsection 5

Endurance

 

The proper prescription

§ 1089

 

(1) It keeps the honest title holder for a specified period of time, and the last thing to take ownership.

(2) does not prevent honest dishonesty predecessor successor that began on prescription, which came into possession.

 

§ 1090

 

(1) A prescription is required authenticity to tenure and tenure based on the rule of reason would suffice to the emergence of property rights if they belonged to the transferor or if it was established by an authorized person.

(2) If the testator has gained the wrong tenure, property rights can not endure nor his heir, even if honestly held. This applies mutatis mutandis to the general legal successor legal entity.

 

§ 1091

 

(1) The prescription of ownership of movables is needed uninterrupted tenure for three years.

(2) The prescription of ownership of immovable property is required uninterrupted tenure lasted ten years.

 

§ 1092

 

Until then, vydržecí vydržitele counted in favor of time and the proper and fair tenure of his predecessor.

 

§ 1093

 

Tenure is interrupted, if not carried out by the holder during vydržecí period longer than one year.

 

§ 1094

 

Where required, the person had a legal representative or guardian, begins vydržecí time to run against her on the right until the date on which the legal representative or guardian obtains. Already period started to run again, but will not end before the expiry of one year after the disappearance of obstacles.

 

§ 1095

The extraordinary endurance

 

End of the period twice as long than would otherwise be required, last title holder, even if it proves legal grounds on which his tenure is based. This does not apply if he proves dishonest intention.

 

§ 1096

Netting vydržecí time

 

(1) came into the possession of someone fairly honest holder, whose tenure is based on a legal ground which would suffice for the establishment of property rights (§ 1090, paragraph 1), he counted vydržecí time of his predecessor.

(2) The successor to the extraordinary endurance counted vydržecí time without honest predecessor.

 

§ 1097

Prohibition of withstanding

 

Property rights can not withstand a legal representative to the represented, or represented to his legal representative. This applies mutatis mutandis to the guardian and ward and guardian and poručence.

 

§ 1098

Stopping time vydržecí

 

Among husbands nepočne vydržecí time to run or not run as long as the marriage lasts. The same applies to people living in the household, and represented by legal representative, guardian and ward and the guardian and poručence.

 

Subsection 6

Transfer of ownership

 

§ 1099

 

The ownership right to the point individually for the transfer agreement itself already at the time of its effectiveness, unless otherwise agreed or provided by law.

 

§ 1100

 

(1) Convert the party gradually closed contracts to various persons ownership of things not registered in a public list, acquires title to the person who issued the transferor first thing. If no such acquires title to the person with whom a contract, which became effective first.

(2) Converts the page title to the things recorded in a public list, by several persons who becomes the owner of a person who in good faith, and whose ownership has been recorded in the public list as the first, even if its right arose later.

 

Transfer of ownership of movables

§ 1101

 

The right of ownership to movable type as determined in accordance with the first moment comes when the case may be sufficient to determine the distinction from other things of that kind.

 

§ 1102

 

Converts to the ownership of tangible assets recorded in a public list, the thing becomes the property of such entry in the list, unless another law provides otherwise.

 

§ 1103

 

(1) Ownership of a security to bearer is transferred at the time of its contract handover.

(2) Ownership of a security is transferred to the order of endorsement contract and the time of its delivery. The particulars of its adoption and endorsement, as well as who is entitled to endorsement, and how this right demonstrates, the provisions of the rules relating to bills of exchange, the transferor of a security not liable for settlement of rights of security, only if specifically bound to do.

(3) Ownership of a security is transferred in the name of the contract itself was at the time of its effectiveness.

 

§ 1104

 

(1) Ownership of book-entry security is acquired by registration book-entry securities to the account owner.

(2) Write to the book-entry securities on behalf of customers to take ownership of him writing on behalf of customers.

(3) The acquisition of ownership of a security imobilizovanému under § 2413, paragraph 1 shall apply mutatis mutandis to the acquisition of ownership of book-entry securities.

 

§ 1105

Transfer of ownership of immovable property

 

Converts to the ownership of immovable property registered in a public list, the thing becomes the property of such entry in the list.

 

Common provisions on transfer of ownership

§ 1106

 

Who takes ownership, acquires the rights and obligations associated with the case.

 

§ 1107

 

(1) Whoever acquires ownership of, defects also takes charge on the things that are written in the public list; other defects takes, if he could, and if the circumstances are identified or if this was agreed or determined by the law .

(2) Defects resolved abolished.

 

§ 1108

 

The provisions of § 1106 and 1107 shall apply mutatis mutandis to the acquisition of ownership other than by transfer.

 

Subsection 7

Acquisition of property rights from unauthorized

 

§ 1109

 

The owner of that stuff happens, who won the thing that is not registered in a public list, and was given all the circumstances, in good faith in the authority of the other party the right to transfer ownership to the title proper if it took place

a) at public auction

b) from the entrepreneur's business activities in the ordinary course of trade

c) a payment from someone who told the owner of the thing,

d) from unauthorized heirs, which was confirmed by the acquisition of inheritance,

e) when trading with investment instruments, securities or bearer instrument exhibited, or

f) to trade on commodity exchanges.

 

§ 1110

 

If someone has acquired in good faith for consideration movable thing used by businesses, which with its business in the ordinary course of business dealing with such things, it shall be the owner, who proves that the thing lost or loss that the matter was withdrawn from the arbitrary and loss or withdrawal of things have passed more than three years.

 

§ 1111

 

If someone got a movable thing under different circumstances than those set forth in § 1109 or 1110, things will become the owner if he can prove good faith in the transferor to transfer ownership of things. This does not apply if the owner proves that the matter lost by loss or willful act of the nature of the offense.

 

§ 1112

 

Property rights or good faith of his predecessor, not to your advantage to call the person who acquired movable thing, knowing that the title has been acquired by unauthorized.

 

§ 1113

 

The provisions of § 1110 to 1112 shall not apply if it is an investment instrument, security or instrument issued in bearer or things acquired at public auction at auction in execution or during the execution sale of chattels or things acquired in trade on commodity Stock Exchange.

 

Subsection 8

Acquisition of ownership by a public authority

 

§ 1114

 

Decision of a court or other public authority to take ownership on the date it is intended. If the decision a day intended to take ownership on the decision.

 

Part 4

Co-ownership

 

Section 1

General Provisions

 

§ 1115

 

(1) Persons who belong to the ownership of things together, co.

(2) The provisions on joint ownership shall apply mutatis mutandis to other community property rights.

 

§ 1116

 

In view of the matter as a whole, with co-owners are treated as a single person and treat things like a single person.

 

§ 1117

 

Each venturer is entitled to the whole thing. This right is limited by the law of any other joint owner.

 

§ 1118

 

Co-owner belongs bill, as was common cause is treated, the proportion of the fruits and benefits of the common cause.

 

§ 1119

 

The statement shall be claimed after expiry of the normal administration of the common nature of things, the dissolution of ownership or termination of participation therein, or for other important reasons.

 

§ 1120

 

(1) Fruits and benefits of a common cause can be divided in proportion to the shares.

(2) How do I do with the fruits and benefits of the common things that can not be divided by shares shall be determined by agreement of the venturers. Unless the co-owners, they sell these fruits and benefits in an appropriate manner and the proceeds shall be distributed according to shares.

 

Section 2

Ownership share

 

§ 1121

 

Each of the joint is full ownership of his share.

 

§ 1122

 

(1) The share is the amount of participation of each co-owner to create a common will and the rights and obligations arising from ownership of things.

(2) size of the share resulting from the legal facts, which is based on joint ownership or participation in the co-owner co-ownership. The joint owners shall prevent the size of shares negotiated otherwise, such an arrangement must meet the requirements set for the transfer of shares.

(3) It is understood that the proportions are the same.

 

§ 1123

 

Co-owner may dispose of its share according to his will. Such treatment shall not be prejudicial to the rights of other co-owners without regard to what the result.

 

§ 1124

 

(1) If the acquisition of ownership based on death or other legal facts so that they could not co-owners of their rights and obligations from the beginning to influence and convert to any of its share ownership, they have other co-owners of the shares for six months from the date of ownership of pre-emption rights unless transferred to another co-owner of share ownership or your spouse, sibling or relative in the direct line. Neujednají If you co-owners to execute pre-emptive right, be entitled to redeem the share in proportion to the size of the shares.

(2) co-owners have a right of first refusal in the event that any transfer of ownership share free of charge, if co-owners have a share buy právo the usual price. This is true in other cases of statutory pre-emption rights.

 

§ 1125

 

(1) If ownership has arisen for the acquisition of agricultural plant in case of death or other legal facts so that they could not co-owners of their rights and obligations from the beginning to influence and convert to any of its share ownership, they have other co-owners to share the right of first refusal, pre-emption law also applies to inheritance share. Neujednají If you co-owners or joint heirs how to execute pre-emptive right to have the right to redeem the share in proportion to the size of the shares.

(2) Converts the venturer has an interest to the person who would be his heir under the provisions on legal succession of heirs, or other co-owners, paragraph 1 shall not apply. This is true even if the co-owner of the subscription rights waived in writing.

 

Section 3

Management of common cause

 

§ 1126

 

(1) Each of the joint owners is entitled to participate in the management of common things.

(2) When deciding on a common cause co-owners count the votes according to the size of their shares.

 

§ 1127

 

The legal proceedings relating to the common things are all co-owners are entitled and obliged jointly and severally.

 

§ 1128

 

(1) The current management of common co-owners decide things by majority vote.

(2) The decision to have legal effect for all co-owners only if they all were aware of the need to decide, unless it was a matter that required immediate action. Co-owner omissions in deciding on urgent matters may request the court to declare that decisions on urgent matters to him no legal effect, can not be reasonably required to be endured.

(3) If the application is filed pursuant to paragraph 2 within thirty days of the decision, the right to submit it expires, if it is not informed on the management of co-owner, the time limit from the date of the decision knew or could learn.

 

§ 1129

 

(1) The decision on important matters relating to the common cause, in particular on the significant improvement or deterioration, change its purpose or its processing, it should be at least two-thirds majority of the venturers. Failure to achieve the majority co-owner decides on a proposal from the court.

(2) Co-owner umlaut in the decision under paragraph 1 may suggest that the court ruled on the matter, in so doing, may also suggest that the court temporarily prohibited act under the contested decision. The provisions of § 1128, paragraph 3 shall apply mutatis mutandis.

 

§ 1130

 

Umlaut co-owner, whose decision there is severe damage, especially disproportionate restriction on the use of a common cause or apparently incurring disproportionate to the value of his share, the court may propose to annul that decision. The provisions of § 1128, paragraph 3 shall apply mutatis mutandis.

 

§ 1131

 

Decides if the majority ownership of the measures necessary to maintain or improve the common cause and it undertakes to co-owners to přehlasovanému that it will not be required to the costs involved, or that it will replace any loss caused by the measures taken, and provide reasonable assurance does not umlaut right under § co-owner of the 1130th

 

§ 1132

 

The decision on the basis of a common thing to be loaded or the load lifted and to decide on the basis of the privileges of ownership are limited to a period longer than ten years, requires the consent of all co-owners.

 

§ 1133

 

The establishment of a lien or other similar security used to secure monetary claims arising from the improvement of the common cause, or when its decision is sufficient to restore at least two-thirds majority of the venturers.

 

Administrator common cause

§ 1134

 

The election and dismissal of administrators as well as co-owners to decide on matters of routine administration.

 

§ 1135

 

The administrator has legal status příkazníka. Management of co-owners must charge; belongs to pay reasonably incurred expenses that you can choose from revenues administered by the case.

 

§ 1136

 

Co-owner, who has made common cause at the expense of other ownership interest without notice and consent, may require

a) the proportion of the compensation value in the range of things, if it was a cost that was for the benefit of co-owners,

b) reimbursement of necessary expenses, if it was a cost that were incurred to rescue things.

 

§ 1137

 

If you entrust the administration of several persons, by a majority of votes each has one vote.

 

§ 1138

 

Agreement between the co-owners of immovable property or its administration, the agreement requires the form of a public document. The agreement establishes the collection of documents by the authority with which the registered immovable thing in the public list.

 

§ 1139

The Court will apply the rate co-owners

 

(1) proposes the co-owners of a court to decide that a majority of the venturers has legal effects with regard to that decision set aside, or to substitute its decision, the court will hold the legal relations of ownership by a decent choice. The court may, in particular to decide whether to change to make unqualified, qualified or against collateral, whether or not made at all.

(2) as indicated in paragraph 1, the court will decide if the claims if his co-owners of a decision because the decision reached on the common things you need most.

 

Section 4

Separation of ownership and the abolition of ownership

 

§ 1140

 

(1) Nobody may be forced to remain in joint ownership.

(2) Each of the joint owners may at any time apply for its Division of ownership, if the subject can be divided co-ownership or joint ownership of the cancellation. But this must not ask the wrong time or just to the detriment of one of the co-owners.

 

§ 1141

 

(1) Joint ownership is deleted by agreement of all co-owners, the agreement must contain provisions on the method of settlement. If this is the ownership of immovable property or business requires agreement in writing.

(2) Co-owners settled the division of common things, the sale of her free hand or by public auction with the proceeds of the division or transfer of ownership of one or more joint owners with the payment of others.

 

§ 1142

 

(1) If it is a common cause, which has as a whole serve a purpose, its distribution is not possible.

(2) Agricultural land can only be divided so that the division originated cultivable land efficiently both in terms of size, as well as the possibility of permanent access. This does not apply if the land be divided for the purpose of establishing or building for such a purpose for which land can be expropriated.

 

§ 1143

 

Unless the joint owners joint ownership of cancellation, it shall decide on the proposal of the joint owners of a court. If the court decides on the abolition of ownership, while a decision on how to settle ownership.

 

§ 1144

 

(1) If possible, the court shall decide on the distribution of common things, but the thing is not to split, cut if it would substantially its value.

(2) The division does not matter, impossible to split the thing in the parts corresponding to the exact ownership shares was equal to the difference in money.

 

§ 1145

 

Upon cancellation of joint distribution of the common cause, the court may establish a servitude or other right in rem, if required by the proper use of the newly established co-owner of former things.

 

§ 1146

 

Common documents can not be split. Unless the co-owners, who will be saved in a common document, stores it in the oldest joint owner, if not anything else at fault. Other co-owners will receive a loading of certified copies or copies.

 

§ 1147

 

If the division of these things may well be the court shall order reasonable compensation for one or more joint owners. He will not matter if none of the co-owners, the court will order things for sale at public auction, in justified cases, the court may decide that the matter will be auctioned only among the venturers.

 

§ 1148

 

(1) Upon cancellation of joint venturers have mutually settled claims and debts that are associated with Co or shared.

(2) Each of the joint owners may request payment of payables and receivables, which fall due for payment within one year after the effective abolition of co-ownership agreement or initiation of proceedings for cancellation of co-ownership.

(3) sell the thing, pay the costs of the sale after demolition all debts under the foregoing paragraphs before the proceeds divided among the venturers.

 

§ 1149

 

(1) Former co-owners to deliver at the request of confirmation from them how to cope if an agreement to abolish the ownership of movable property not concluded in writing.

(2) The settlement of ownership of immovable property registered in the public list created new property rights registration in the public list.

 

Protection of third parties in the distribution of common cause

§ 1150

 

Division of these things is not detrimental to a person who has a property right to the common cause.

§ 1151

 

When the reigning division case is an easement for all the parts usually longer, but must be extended to become even more difficult. It benefits the easement only some parts, disappear due to other works.

 

§ 1152

 

Splits When loaded thing and affects the easement only a part, shall expire on the works of others.

 

§ 1153

 

(1) Where the right of servitude or other right to load or užitkům fruits may

a) each of the beneficiaries, if the matter is divided ruling, or

b) each of the burdened persons, if they divided difficult thing,

propose to perform modified justice.

(2) The Court exercise adjusted to take account of the nature and purpose of the load, as well as with regard to the peculiarities of the individual parts so that the result corresponded to the principles of fairness and so that the load did not increase.

 

Postponement of repeal ownership

§ 1154

 

(1) If you Ujednají co-owners not to seek the annulment of ownership for a period not exceeding ten years, can not be excluded by any subsequent agreement. He was the co-ownership agreement to the suspension of revocation for a period of ten years is considered to be named for ten years. Postponement of repeal can negotiate ownership several times.

(2) In order to delay the abolition of joint arrangements bind the legal successor of the joint owners, the legal succession occurs otherwise than by inheritance or by conversion of a legal entity, it must be expressly agreed.

(3) Arrangements for delay cancellation takes the form of joint ownership of a public document, relates to an arrangement with intangible assets recorded in a public list, postponement of revocation shall be entered into public ownership list.

 

§ 1155

 

(1) The draft joint owner, the court may postpone the abolition of ownership if it is to be prevented by property loss or serious threat to the legitimate interest of any co-owner, and to extend the duration of ownership by a maximum of two years.

(2) Cancellation of ownership may also be deferred acquisition in case of death.

 

§ 1156

 

Postponement of repeal ownership can later be amended by agreement of co-owners, and if it happens to her, a court decision on a proposal issued by the co-owner who proves he can not reasonably be required to co-ownership remained in, or that circumstances have materially changed, the delay for which ownership occurred.

 

§ 1157

Postponement of separation of ownership

 

For the separation of ownership apply § 1154 to 1156 accordingly.

 

Section 5

Housing ownership

 

Subsection 1

General Provisions

 

§ 1158

 

(1) Housing ownership is the ownership of immovable property ownership-based units. Housing ownership can arise when part of intangible assets at least a house with two apartments.

(2) As provided in this section of the apartment, also applies to commercial space, as well as a set of flats or commercial premises.

 

§ 1159

 

The unit includes a flat space as a separate part of the house and share the common parts of immovable property interrelated and inseparable. The unit is immovable thing.

 

Common parts

§ 1160

 

(1) shared at least part of those intangible things that by their nature are intended to serve the owners of units together.

(2) The joint is always land on which the house was opened, or property right, which the owners of units based on the property right to have a house, building essential to maintain the house, including its main structures, and its shape and appearance, as well as to maintain a flat another unit owner, and equipment used and the owner of another unit to use the apartment. This is true even if it passes on a proportion of any unit owner for the exclusive use.

 

§ 1161

 

Unless the shares of the common parts with respect to the nature, size and location of the apartment or the same, the sizes are determined by the ratio floor area to total floor area of ​​all apartments in the house.

 

§ 1162

 

(1) If shares of common parts otherwise than the size ratio of floor area to total floor area of ​​all apartments in the house or the same as before, the unit owner has the right to seek changes to this destination, if circumstances have changed so much that the determination its share in the common areas is clearly unfair.

(2) If the proposal to change the owner of the unit declaration (§ 1169), changes the court statement.

 

Subsection 2

 

Establishment Unit

 

§ 1163

Construction

 

If you commit to that party in connection with the construction of the house or its modification, the construction unit occurs when the house is at least in this stage of construction that is already closed on the outside perimeter walls and flat roof construction and external walls is closed.

 

§ 1164

Entry into the public list

 

(1) By entering into the public list created unit if the owner or person authorized to substantive law of another declaration of his right to divide the house and land ownership of the units.

(2) The entry into the public list of unit occurs, even if it ujednají co-owners of the separation of ownership or the cancellation and settlement, or that it ujednají spouses to change the scale or the settlement of joint property. The provisions of the declaration to this agreement shall apply mutatis mutandis.

 

§ 1165

The Court's decision

 

Unit arise if the court decides that the separation of ownership, the cancellation and settlement of ownership, the narrowing of the joint property or community property settlement.

 

Statement

§ 1166

 

(1) The distribution of rights to immovable property in the ownership of the units shall contain at least

a) data on land, home, community and land registry,

b) information about the unit, especially

1) наименование и обозначение индивидуальных домов наименьшее количество и размещение указанием цели использования,

2) выявление и описание общих частей в связи с их строительства, технических или пользовательских природе, как это возможно в определении того, какие из них зарезервированы для исключительного использования владельцем устройства,

3) размер от общих частей,

c) what material and other rights and defects are transferred with the emergence of property rights to the unit owners of units on all or some of them.

(2) If the division created at least five units, of which at least three to be owned by three different owners, bring the statement and particulars statutes owners associations (hereinafter referred to as "owners"). If not arise in connection with the distribution of owners shall be determined by the administrator a statement the rules for managing the house rules for use of common parts and contributions to the costs associated with managing the house and grounds.

(3) The statement shall be accompanied by plans of all floors or their schemes, determining the position of flats and common parts of the house, along with data on floor areas of apartments.

 

§ 1167

 

If the registration of ownership of units in a public list, the statement declared invalid or can not determine the ownership of the unit have been avoided if the property right to the unit acquired by another person.

§ 1168

Removing defects Statement

 

(1) defines the unit of vague statements or improper manner and does not remove the author's statements without undue delay after the defect pointed it at the person on it has a legal interest may cure the defect of the unit owners of a joint declaration. If there is to decide on the removal of the defect upon the motion of the person on it has a legal interest.

(2) Determine if the declaration is vague or incorrect unit owner to share common parts, to disregard it.

 

§ 1169

Changes to

 

(1) Owners of units can change the statement. If the unit is loaded, you can change the statement with the prior consent of the person authorized to substantive law.

(2) to change the statement of the agreement requires the owners to change their rights and obligations concluded in written form. Agreement comes into effect, unless it agrees in writing to the owners of units with a majority or a qualified majority of votes specified in the declaration, even though they are not parties to the agreement.

 

Subsection 3

 

Construction of the house with units

 

§ 1170

Contract for construction

 

(1) contracts for the construction, the parties agree to jointly participate in the construction, completion or amendment to the House for the purpose of establishing or changing units. The rights and obligations of the parties shall apply mutatis mutandis the provisions of this Act on the company.

(2) The agreement by at least ujednají

a) data set as an element of the declaration of the distribution rights to the house and land ownership units

b) the manner of payment of costs of construction, or self-help award of work performed,

c) the size of co-ownership shares to the house, and if the house be part of the land, the size of co-ownership interests in land for a period before construction to create the first unit; ownership share is determined by the size of the appropriate size unit owner to share common parts and

d) if the rise building construction with at least five units, the requirements of the statutes of owners, if not already established.

(3) The contract must be in writing.

 

§ 1171

 

If the construction contract signed when the house is already under construction, apartments still under construction but are not ujednají to the size of co-ownership of shares of real estate property in size with the size of co-ownership shares in the future owners of common parts.

 

§ 1172

 

(1) If the unit created extensions or construction work for houses and there are no units in the house yet defined, ujednají parties in the contract the definition of units in the house and the owner or person entitled to the rights of other material is converted to those interested in acquiring new unit to co-ownership real estate property in a size appropriate to the size of its ownership share as a unit owner in the common parts.

(2) In order to create a new unit or if the existing unit to be changed extensions or structural adjustment in the house where the units are already defined, ujednají parties to the agreement and co-ownership shares resizing after the establishment of new units or modify existing units and conversions to meet the newly designated sizes of co-ownership shares.

 

§ 1173

 

Unless the contract for the construction of an explicit agreement on deviations from the identification unit, it is proper for the construction, if the difference is only slight and it was part-owner in question and could reasonably expect. Unless otherwise agreed by the parties, the court how the consequences of deviation from the identification of units settled.

 

§ 1174

 

(1) If a construction of the house will remain until the units of unit trusts co-owners of immovable property.

(2) The creation of mutual fund units are real estate property ownership changes in housing ownership.

 

Subsection 4

The rights and obligations of the owner of the unit

 

§ 1175

 

(1) the unit owner has the right to manage, and use exclusively within stavebně edit your apartment and to use common components, but must not impede the performance of another unit owner of the rights or compromise, alter or damage the joint parts.

(2) The owner keeps their apartment units, as required by the safe condition and good appearance of the house, this also applies to common parts, which the owner of the units reserved for the exclusive use.

 

§ 1176

 

The creation of property rights to the unit owner of the unit creates an obligation to follow the rules for the administration building and the use of common parts where he was familiar with these rules or if it should and could know, as well as ensure compliance by persons who allow access to the house or apartment.

 

§ 1177

 

(1) Who came into the ownership of the unit, it shall notify, including their addresses and number of persons who will be in an apartment house, the owners of units by the person responsible for the administration of the House within one month from the date he knew or could learn that the owner . This analogy also applies to changes in the data specified in the notice.

(2) Unit Owner shall, without undue delay, the person responsible for managing the house changes in the number of people who have a home in an apartment and live there for a period which in total amounts to at least three months in one calendar year. This applies even if the owner left the apartment units to use another person, in this case, the name and address of that person.

 

§ 1178

 

If so requested by the owner of the unit, it shall notify the person responsible for managing the house name and address of any unit owner or tenant in the house.

 

§ 1179

 

Unit Owner shall be entitled, as the person responsible for managing the farm and house as a house or land it manages. For such a person may inspect the unit owner contracts management matters, as well as in the books and documents.

 

§ 1180

 

(1) Unless otherwise specified, the unit owner contributes to the management of house and land in the amount corresponding to its share of the joint parts. It serves some of the common parts of only one unit owner for the exclusive use, the amount of contribution in view of the nature, size and location and extent of this part of the unit owner's obligation to manage this part at their own expense.

(2) Contributions designated to pay the person who manages the house, or members of its organs, bookkeeping and similar activities to their own management costs are apportioned to each unit as well.

 

§ 1181

 

(1) The owner of the unit are advance payments related to or associated with the use of the dwelling (service) and has the right to be the person responsible for managing the house on time deposits accounted, usually within four months after the end of the billing period.

(2) If the designated due date underpayment or overpayment of advances are payable on the same date within three months after the deadline specified in paragraph 1

 

§ 1182

 

Modifies the owner of your apartment unit of construction, will allow access to the apartment to verify that construction work does not endanger, damage or alter the common parts if it has been asked in advance to the person responsible for managing the house.

 

§ 1183

 

(1) The owner of the unit to avoid all that prevents the maintenance, repair, modification, alteration or other change of house or land, which was properly decided, if they are carried inside the apartment or common parts, which is used exclusively for the use of the unit owner, enable them to access, unless it has previously been requested by a person responsible for managing the house. This also applies to the location, maintenance and inspection equipment for measuring water consumption, gas, heat and other energies.

(2) When damage to the unit work being carried out in accordance with paragraph 1, replace the owner of the unit owners' damage, and if not cause, replacing it with a relatively co-owners of the house. However, if carried out these works in their interest only owner of any unit damages alone.

 

§ 1184

 

At the request of the person responsible for the management of the house or unit owner, the court may order the sale of the unit owner who violates the obligation imposed on him by court enforceable manner substantially limiting or preventing the rights of other unit owners.

 

§ 1185

Co-ownership units

 

(1) the unit owner may exercise the right to drive divided into shares, unless it was excluded.

(2) Co-owners of common units shall authorize a representative to exercise their rights against the person responsible for managing the house. This also applies to spouses who are jointly owned unit.

 

Special provisions on transfer of units

§ 1186

 

(1) The transfer of ownership of the unit there is no person responsible for managing the house duty house management fees to the effective date of the transfer deal.

(2) If the owner converts the title to the unit, the transferee a certificate showing the person responsible for managing the house, what debts related to the administration building and the land will pass to the transferee unit, or that such debts are not. For debts that the unit passed to the transferee, the transferor shall be liable to the person responsible for managing the house.

 

§ 1187

 

(1) If the unit was established distribution rights to the land or house title to the units, the tenant an option to purchase the unit at the first transfer. This also applies to lease commercial space, when it was leased in connection with the dwelling in the same house. Pre-emption right shall lapse if the tenant does not accept an offer within six months of its effectiveness.

(2) If the tenant a legal entity, the provisions of paragraph 1 shall not apply.

 

§ 1188

 

(1) If a unit in a house owned or jointly owned legal entity and if the tenant is a member or partner of the legal person who participated in the work or venture to acquire immovable property, ownership can be transferred to the unit only to him. This is true even if the acquisition of intangible assets contributed predecessor shareholder or member.

(2) If required by other legislation to determine the value of the transfer of assets transferred to the opinion of experts appointed by the court, its provisions do not apply.

 

Subsection 5

House and Land Management

 

§ 1189

 

(1) house and land management includes everything that does not belong to owner of the unit and what is in the interests of all co-necessary or expedient for the proper care of house and land as a functional unit and the maintenance or improvement of common parts. Administration building includes activities associated with the preparation and implementation of changes to the common parts of house extensions, structural alteration or change in use, as well as the establishment, maintenance or improvement of facilities in the house and land used for all joint owners of the house.

(2) It is understood that the administration also covers common components, which are used exclusively for the use of only one co-owners.

 

§ 1190

 

The person responsible for managing the house and land owners. None of the owners, the person responsible for managing the house manager.

 

Managing owners without incurring

§ 1191

 

None of the owners, shall apply to the management rules defined in the declaration and to decide in matters of administration shall apply mutatis mutandis the provisions of Assembly, the decision, the owners of units administrator.

§ 1192

 

(1) If any unit owner for common parts of an interest of more than half, becoming an administrator. If no such unit owner, unit owners shall elect a majority of administrators. At the request of a unit owner appeals court administrator and appoint a new administrator, if for an important reason.

(2) The administrator can individually do what is necessary to maintain assets under management, if something else is determined, account shall be taken to it. This does not apply to decisions on matters under this Act falls within the scope of the Assembly.

 

§ 1193

 

If this is the house where there are fewer than five units be disregarded in determining the votes of unit owners administrator exceeding the sum of votes of all other unit owners.

 

Owners

§ 1194

 

(1) owners is a legal person established for the purpose of providing house and land administration, in fulfilling its purpose is eligible to acquire rights and commit to the duties. Business owners may not directly or indirectly involved in the business or business or other activity to be their partner or member.

(2) Membership in a community of owners is inextricably linked to ownership units. Owners for the debts guaranteed by its members in proportion to the size of its share of the joint parts.

 

§ 1195

 

(1) Community owners can acquire and dispose of it only for purposes of the administration building and land.

(2) The legal act by which owners' debt of another person shall not be considered.

 

§ 1196

 

(1) owners are legally within its purpose with the owners of units with third parties.

(2) If the rights owners of units defective unit owners representing owners of units in the implementation of these rights.

 

§ 1197

 

Associate if the other owners of owners to cooperate in fulfilling its purpose or if it becomes a member of the legal entities comprising the owners or owners of units or otherwise involved in housing, do not commit to other equity, before the provision of capital or the provision of membership fees. Undertakes to owners to participate in the loss of another person, to pay its debts or is to be disregarded to it.

 

§ 1198

 

(1) Unless owners established earlier, the base unit owners, where at least five units, of which three are at least three different property owners, at the latest after the ownership transferred to the first unit.

(2) The public list shall not be registered ownership transferred to another unit, unless shown to the creation of owners. This is not the acquisition of units in the first property owner.

 

§ 1199

 

If the house less than five units, owners can be established, with the agreement of all owners of units.

 

§ 1200

Founding owners

 

(1) owners to establish approval of the statutes. Unless owners declaration based on the distribution rights to the house and land ownership of units in the contract or agreement for the construction, is required for approval of an approval of the owners of all units.

(2) The Statutes shall contain at least

a) the title containing the word "owners" and the designation of the house, for which the owners was created,

b) the office designated in the house for which the owners created, if not possible, another suitable place,

c) membership rights and obligations of unit owners, and how they are implemented,

d) identification of bodies, their scope, the number of members of elected bodies and their term of office, as well as the manner of convening, meetings and quorum,

e) identification of the first members of the Board,

f) the rules for managing the house and land and the use of common parts

g) rules for the creation of the Community budget for management fees and reimbursement of house prices and services for the method of determining the amount paid by individual owners of units.

(3) The statutes require the form of a public document. This does not apply, so far as the community with the declaration of the distribution rights to the house and land ownership of units in the contract agreement for construction.

 

§ 1201

 

It was the owners' declaration based on the distribution rights to the house and land ownership of units in the contract or agreement for the construction, account changes to the statutes made before the owners.

 

§ 1202

 

(1) Until the founder of a majority of owners, is the manager of the house and grounds. For this purpose the parties to the construction looks like one person.

(2) The management of the rules specified in the declarations and decisions in matters of administration shall apply mutatis mutandis the provisions of congregation. The decision, the owners of units the controller, shall be disregarded in determining the votes more than the sum of the administrator of votes of all other unit owners.

 

§ 1203

 

If the controller loses majority, shall within sixty days as a statutory body of the owners' application for registration of owners in a public register and not later than ninety days shall convene the Assembly. Failure to do so, you may do so by any owner of the unit.

 

§ 1204

Establishment owners

 

Owners created on registration in a public register.

 

§ 1205

Authorities owners

 

(1) The highest body is the owners' meeting. The statutory authority of the Committee, unless the statutes indicate that a statutory body president owners. If statutes establish other institutions, they can not establish the scope of the reserved Assembly or statutory authority.

(2) eligible to be elected member representative body or legal person as a member of such a body is the one who is completely blameless Every competent and is as defined in other legislation regulating business activities.

 

Assembly

§ 1206

 

(1) The Assembly consists of all owners of units. Each has a number of votes equal to the size of its share in the common areas, however, if the owner of the unit owners, to his vote shall be disregarded.

(2) The Assembly shall be eligible in the presence of a quorum of unit owners who have a majority of votes. Decisions shall require approval of a majority of votes of unit owners, unless the statutes or the law require a higher number of votes.

 

§ 1207

 

(1) Statutory authority of the Assembly to convene a meeting to be held at least once a year. Statutory authority shall convene the Assembly initiative from owners who have more than a quarter of all votes, but at least two of them, failing that, they summon the owners meeting to meeting at the expense of owners themselves.

(2) If the invitation attached documents relating to the agenda of the session, convener to each unit owner in time to become acquainted with them.

 

§ 1208

 

The scope includes gathering

a) change of statutes,

b) Change the declaration of the distribution rights to the house and land ownership units

c) election and dismissal of members of elected bodies and deciding the amount of remuneration,

d) the clearance, settlement results and reports on management and administration of owners of the house, and the total amount of contributions to the administration building for the next period and a decision on billing or settlement of unspent contributions

e) approval of the type of service and the amount of advances for the payment and billing method of pricing services to units

f) decision

1) Членство в Ассоциации владельцев в уставном капитале компании, работающих в области жилья,

2) изменение цели использования дома или квартиры,

3) изменение площади,

4) полное или частичное слияние или разделение единиц

5) об изменении в местах общего пользования,

6) изменение в определении общих частей, используемых для исключительного использования владельцем устройства,

7) для ремонта или здания для общих частей, если они превышают сумму затрат, установленный законодательства об осуществлении; Это не применяется, если в уставе определить иное,

g) granting prior approval

1) о приобретении, отчуждении или нагрузка недвижимое имущество или другой обработки,

2) о приобретении, отчуждении или бремя движимого имущества, стоимость которых превышает сумму, указанную исполнителем законодательства, или в противном случае обработка; Это не применяется, если в уставе определить иное,

3) договор на получение кредита владельцев, в том числе утверждение суммы кредита и сроки,

4) договор о создании залогового права на блоке, если владелец соответствующим подразделением в письменной форме заключения ипотечного договора договорились

h) determining a person who has some management activities to ensure the house and land, and its decision to change, as well as approval of a contract with that person and the approval of a change in the contract agreement on price or range of operation,

я) решения в других вопросах, определенных уставом или вопросов, которые выделяет Ассамблее для принятия решения.

 

§ 1209

 

(1) Where, for an important reason, the umlaut unit owner or owners if the owner of the unit, ask the court to decide on the matter, in so doing, may also suggest that the court temporarily prohibited act under the contested decision. If the application is filed within three months from the date of the decision of the unit owner knew or could know, their right ceases.

(2) Where, for an important reason, each unit owner to request the court to rule on the matter was properly submitted to the Assembly for decision, but decided that was not a quorum for a meeting with the disability.

 

Decisions outside the meeting

§ 1210

 

(1) If the Assembly convened quorum is eligible, the person who is authorized to convene the Assembly, propose in writing within one month from the date on which the meeting was convened to decide on the owners of units of the same issues out of session.

(2) In other cases it may be outside the meeting to decide if they accept articles.

 

§ 1211

 

The proposal must include at least the draft resolution, the documents required for the assessment or data, where available, and indicate the period in which the unit owner comment. Unless the statutes provide a longer period, the period is fifteen days.

 

§ 1212

 

The validity of a vote to require signoff owner of the unit with the date, month and year it was taken, signed by his own hand on the document containing the full text of the draft decision.

 

§ 1213

 

Statutory authority shall notify the owners of units in writing the result of voting, and if the resolution is adopted, telling them the whole content of the resolution. Failure to do so without undue delay, the announcement made at the expense of the owners, who proposed the resolution.

 

§ 1214

 

The decision by a majority vote of all unit owners, unless the articles require a higher number of votes. Changing the units, to all owners of the size of the common areas or change if the ratio of contributions to the management of house and land otherwise than due to changes in shares of common parts, requires the consent of all unit owners.

 

Cancellation owners

§ 1215

 

(1) owners shall be repealed on the date of termination of ownership rights to all units in the house.

(2) By the unit owners association of owners can be revoked if it was based on a voluntary basis or if the number of units in the house fell to fewer than five. In this case, the owners of units shall adopt rules to manage the house and land and for contributions to it.

 

§ 1216

 

When canceling the owners' disposal is performed. The rights and obligations of owners pass on the disappearance of the owners of units at the rate set by the share of each unit owner for common parts.

 

Subsection 6

Cancellation of housing ownership

 

§ 1217

 

(1) agreement between the owners of units on the conversion of residential property in the ownership of immovable property units, changes in unit residential property ownership registration in the public list. It is considered that the size of each co-owner co-ownership share equals the size of the proportion that had as the owner of units in common areas.

(2) If all units in the house jointly owned and agree to the couple on the conversion of apartment ownership real estate property in the common property, residential property changes in the ownership of immovable property jointly owned by the public record in the list.

(3) The agreement referred to in paragraphs 1 and 2 must be in writing.

 

§ 1218

 

(1) If all units in the house ownership right and declares only owner when changing the ownership of units to ownership of real estate property, residential property registration lapse into the public list.

(2) requires a statement in writing.

 

§ 1219

 

When the unit load required for the validity of the agreement or statement of cancellation of the housing property of a person authorized in substantive rights granted in writing.

 

Subsection 7

Common provisions

 

§ 1220

 

(1) Whenever the statement, it shall prepare its full text of the person responsible for managing the house and without undue delay is to establish a collection of documents by the authority with which the registered immovable thing in a public list, this applies even if the statement must include the requirements contained in the contract for construction.

(2) If the person responsible for managing the house is registered in a public register, establish without delay a statement in full and the collection of documents by the authority which maintains a public register.

 

§ 1221

 

Unless the provisions of the owners something else, shall apply mutatis mutandis to the league. Not apply, the provisions of the Assembly of Delegates, member meetings or partial replacement of the membership meeting.

 

§ 1222

 

The implementing legislation sets out how to calculate the floor area of ​​dwelling unit, which parts of immovable property shall be deemed to be common, and details on activities related to the management of house and land.

 

Section 6

Additives ownership

 

General Provisions

 

§ 1223

 

(1) Case belonging to several owners together of separate things to such use, that these things produce locally and to define a whole, and to serve a common purpose so that it is not without use of separate things may well be additive in the ownership of their respective owners. If a food co-ownership of intangible assets recorded in the public register shall be entered on the public list of additives and co-ownership.

(2) The provisions of the additive co-ownership shall apply mutatis mutandis to equipment purchased or otherwise acquired by the owners referred to in paragraph 1, a common cost to serve them all.

 

§ 1224

 

(1) Case in additive ownership may not be against the will of one of the co-owners deprived of common purpose.

(2) the case may be loaded in additive ownership in ways which do not impede its use of common purpose.

 

§ 1225

 

(1) None of the co-owners can not be prevented from participating in matters in additive use of co-ownership in a way that corresponds to a common purpose and does not prevent it being used by other co-owners.

(2) Waiver of participation in the use case in the ownership of some additive effects of co-owner has his legal successor.

 

§ 1226

 

Used if the matter in additive joint ownership of the land use, determine the shares of ownership in the common cause of land area ratio. The joint owners shall prevent the size of shares negotiated otherwise.

 

§ 1227

 

(1) share things in additive ownership can be transferred only under the current transfer of ownership of things for whose use in a matter of ownership is additive. Converts to the ownership of such things, the transfer is subject to share things in additive ownership.

(2) This applies to the load option to purchase, the right to repurchase or similar process, as well as for the establishment of a lien or equivalent security.

 

§ 1228

 

(1) Extract from adjunctive ownership can be provided that the case, for whose use the thing to have ownership of additive was used, dissolved or changed its purpose and that the case in additive ownership is no longer needed.

(2) For the same reason, any of the other co-owners to request the court to participate in the co-owner co-ownership additive canceled and ordered to pay its share for the remaining co-owners in proportion to their shares.

 

§ 1229

 

Cease to matter in additive ownership of its purpose ceases additives and co-owners co-ownership deal with the general provisions on the abolition of ownership. Until this purpose takes ownership of additives can not be canceled.

 

Governance in additive ownership

§ 1230

 

Unless the joint owners otherwise elect to manage things in common additive ownership of one of the joint owners as an administrator. If the administrator is not elected co-owners after three months, is appointed by the proposal co-owner of any court.

 

§ 1231

 

(1) If no other agreement, the administrator selects a majority of co-owners, each co-owner has one vote.

(2) Co-owner, who did not vote for the election administrator may request the court administrator to appeal if they are important reasons for it, and to appoint an administrator of another co-owner. If the application is filed within thirty days of the decision, the right to submit it expires.

 

§ 1232

 

It will take the co-owner of the routine administration matters in additive ownership of their will, and none of the other co-owners for three months does not, or made any proposal under § 1230, looking at him as if he was elected trustee.

 

§ 1233

 

(1) Unless other arrangements are sufficient to appeal the administrator majority ownership, however, if the administrator is appointed by the court, his co-owners can withdraw at least two-thirds vote of the venturers.

(2) Whether the trustee has been called however, revoke it for cause upon the motion brought by shareholders, who have at least a third of the votes.

 

§ 1234

 

From a legal administrator in matters of conduct routine administration manager and co-owners are entitled and obliged jointly and severally.

 

§ 1235

 

(1) The management of the additive in the case of joint venturers contribute proportionately to the size of their shares. The costs associated with managing things in additive lodge co-owned co-owners for the attention of the appropriate backup administrator, unless otherwise agreed, the deposit payable at 31 January.

(2) How many total amount of advances, co-owners decide by majority vote. In the absence of co-owners of such decision by the end of the previous year, the total deposits for the next year to set the amount of the advances in the last year increased by a tenth. If you can not advance this sum to determine the proposal determined by the court administrator.

 

Section 7

Special provisions for community assets

 

§ 1236

 

Where the matter has come into possession of more persons related by contract, law or other legal elements involved in the community, whether they are spouses, persons involved in the family community, a community of heirs or other similar community, the way each of these is entitled to the whole thing.

 

§ 1237

 

The rights and obligations of owners in the community associated with the governing provisions under which the community was established. The provisions of § 1238 and 1239 shall apply unless specified otherwise.

 

§ 1238

 

(1) Unless otherwise agreed, requires the exercise of ownership rights and management of common things a unanimous decision by all concerned.

(2) Unless otherwise agreed, can not claim the division of these things until the community takes to handle even share a common cause.

 

§ 1239

 

Title to the common cause terminates the theft or disappearance of community, to tackle the provisions on co-ownership.

 

Part 5

Rights to strange things

 

Section 1

Right to build

 

Subsection 1

General Provisions

 

§ 1240

 

(1) Land may be encumbered property right of another person (the builder) have on the surface or beneath the surface of plot construction. It does not matter whether the building has already been established or abusive.

(2) The right structure can be established so that it applies to land which is not needed for construction, but it serves to better use.

 

§ 1241

 

Right to build can not be established on the land on which seriously právo running counter to the purpose of construction. If land encumbered by a lien, it can be loaded with the right to build only with the consent of the pledgee.

 

§ 1242

 

Building right thing is immovable. Construction of buildings complying with the law is a part, but also subject to the provisions of immovable property.

 

Subsection 2

Establishment and termination of the right to build

 

§ 1243

 

(1) Right to take construction contract usucaption or, if so provided by law, by public authority.

(2) The right of construction established by the treaty creates an entry in the public list. Entry into the public list is subject to the right of construction incurred by public authority.

 

§ 1244

 

(1) The right structure can be established only as a temporary and must not be established on more than 99 years. The last day of the period for which established the right to build, it must be visible from the public list.

(2) If the builder gained the right to build usucaption, take it for 40 years. If just for that reason, the court time for which the right of construction established to draft the parties shortened or extended.

 

§ 1245

 

Duration of construction can be extended with the consent of the persons for whom they are registered on the site load in order for the right building.

 

§ 1246

 

Not restrict the right to build an expiry condition, if it was an expiry terms of the agreement, to disregard it.

 

§ 1247

 

If the law has been established for payment of construction and arranged stating if payment in installments as construction salary benefits, burdens the right to build as a real burden. Disregard the arrangement under which the amounts of construction salary depends on an uncertain future events, this does not apply if the Agreements are dependent on the amount of construction wage rate appreciation and depreciation of money.

 

§ 1248

 

Waives the right to build the builder, the owner may transfer the land burdened by documents proving this fact right to build to a period which has not expired on oneself or another person.

 

§ 1249

 

When the right to build before the end of its time, there will be legal consequences of deletion of the substantive right to build právu belonging to the person for whom the building was to the right to a public list of registered property right, to the demise of substantive law. However, if the person consenting to the cancellation, there will be legal consequences of the cancellation right to build its substantive law to have this deletion.

 

Subsection 3

The legal status of the right to build

 

§ 1250

 

As for the satisfactory construction and the building has a builder the same rights as the owner, if there are other use of the land burdened the right to build, has the same rights as beneficiary, unless agreed otherwise.

 

§ 1251

 

(1) A contract may save the builder to carry out the construction within a certain time.

(2) If nothing else agreed, the builder has an obligation to maintain the building in good condition. The contract may oblige the builder to insure the building.

(3) The owner of land may be reserved for approval of a factual or legal proceedings of the builder, but even if the owner of the land is reserved, can not withhold consent to a legal action that is not to its detriment.

 

§ 1252

 

(1) Right building can be converted and loaded.

(2) If you reserve land owner consent to the right to build the load, reservation shall be entered into the public list. In this case, the public can load the list, right to build only with the consent of the landowner.

 

§ 1253

 

Building right passes to the heirs and the other general legal successor.

 

§ 1254

 

The builder has the option to purchase the land and the land owner has a right of first refusal to the right of the building. Ujednají If the parties otherwise, it writes it into the public list.

 

§ 1255

 

If nothing else agreed, can the owner of the building site builder the right to build at the end of the period for which it was established for the construction of a replacement. Compensation shall be half the value of the building at the time the right to build, unless the parties otherwise ujednají.

 

§ 1256

 

Lien and other rights encumbering on the law affecting the construction of a replacement.

 

Section 2

Easements

 

Subsection 1

General provisions for the ministry

 

§ 1257

 

(1) Case may be burdened by the ministry, which affects things like the owner of the property right so that they have something to another to suffer or to abstain from something.

(2) The owner may encumber his property servitude in favor of its other property.

 

§ 1258

 

Servitude includes everything required for its performance. If the content or scope of the ministry is intended, be assessed according to local custom, if not even that, it is considered that the size or content of less rather than more.

 

§ 1259

 

Who is entitled to the ministry, may seek protection of their rights; § 1040 to 1043 shall apply mutatis mutandis.

 

Subsection 2

Acquisition ministry

 

§ 1260

 

(1) servitude is acquired by contract for the acquisition usucaption death or the time necessary for withstanding the ownership of the things to be burdened with servitude. By law or by a public authority to take the ministry in the cases provided by law.

(2) The relevant ministry withstanding public good is vydržitelkou municipality in whose territory the thing found.

 

§ 1261

 

Land designated for forestry land may be charged to the ministry, grazing or servitude servitude berries just taking contract, purchase, or in case of death by public authority. Such a servitude may be established only as redeemable and conditions of purchase must be at the establishment ministry has identified in advance.

 

§ 1262

 

(1) Where an act legal servitude on the matter recorded in a public list, there is a record in such a list. If there is to the point of servitude registered in the public list on the basis of other legal fact shall be entered into the public list in this case.

(2) Where an unregistered servitude to the point in a public list, there is the contract.

 

Subsection 3

The legal status of servitude

 

§ 1263

 

Authorised Officer shall assume the cost of maintaining and repairing things, which is intended for the ministry. But if he uses things and the one who is burdened servitude, he is obliged to contribute a relatively cost or the use of refrain.

 

§ 1264

 

(1) If the rate determined by the ministry decides reigning need of the land.

(2) servitude is not changed by a change in scope of service or the prevailing case or change the prevailing farming land.

 

§ 1265

 

(1) land servitude can not be combined with any other prevailing land.

(2) Personal servitude can not be transferred to another person.

(3) The space below the surface can be of use to establish property rights as alienable and inheritable.

 

§ 1266

 

The things you can set up several of the ministry, if not later, the right to undermine the rights of elders.

 

Subsection 4

Some of the land ministry

 

Servitude utilities

§ 1267

 

(1) utilities servitude is a right and at his own expense a suitable and safe way to set up a ministerial land or lead him through the water, sewer, power or other lines, operate and maintain. Landowner to refrain from anything that leads to a threat utilities, and if it is discussed with him beforehand, to allow an authorized person to enter the land as long as necessary and to the extent necessary for inspection or maintenance of utility lines.

(2) If it is expressly stipulated servitude includes the right to establish, maintain and have on a business property also necessary operating equipment and the right to make adjustments to utility network for the purpose of upgrading or improving its performance.

(3) The authorized person shall make the owner of land documentation utilities at the named range, and unless arrangements to the extent necessary to protect its legitimate interests.

 

§ 1268

 

If the matter can not stand the sudden damage to utility lines delay, procure the repair of an authorized person without prior consultation, but the persons concerned shall immediately notify the implementation of repairs, mark her place and secure. After menial work site shall at his own expense to the previous state and damages caused by performing the work.

 

§ 1269

Pillar of foreign construction

 

Who is obliged to accept foreign debit building, will also help to maintain relatively walls or supports, but is not obligated to prop the reigning land.

 

§ 1270

Servitude gutter

 

(1) Who has a gutter servitude has the right to blame rainwater from your roof to foreign immovable thing, either alone or in the gutter, your roof can increase only to impede the servitude.

(2) Who has a gutter servitude, the conduction channel, if it was set up, maintain in good condition. It must also, when many think of snow, snow in time to eliminate.

 

§ 1271

Right of gutters

 

(1) Who has the right to leakage of rainwater from the roof adjacent to his property, he pays the cost of equipment needed to do.

(2) If a gutter downspout needed or similar device shall bear the costs of establishing and maintaining the reigning owner of the land.

 

§ 1272

The right to water

 

(1) Who has the right to water in the foreign land also has access to it.

(2) Who has the right to blame the water from a foreign land to his or her land to a stranger, may at his own expense to establish and maintain the equipment needed to do, and their scope shall be directed to the reigning land.

 

§ 1273

Servitude flooding

 

(1) flooding servitude based owner of the water works, which enables managed floods overflow, flooding the ministerial right of land water. Servitude includes the right of the dam to have and maintain land for business service facilities, and if it is expressly agreed, be carried out on them at the water treatment works in order to upgrade or improve their performance.

(2) A landowner shall refrain from anything that leads to a threat of water works and service facilities, if discussed in advance with him, to allow an authorized person to enter the land as long as necessary and to the extent necessary.

(3) The provisions of § 1267, paragraph 3 and § 1268 shall apply mutatis mutandis.

 

Servitude trails, and paths průhonu

§ 1274

 

(1) trails servitude is a right to go after her or after transport by human power and the right to others the path came to an authorized person and walked away from it or are transported by human power.

(2) servitude right path does not drive in on a business site, or drag the animals after the ministerial land burdens.

 

§ 1275

 

(1) establishes the right of servitude průhonu herding livestock through the ancillary site. The servitude průhonu involves the right to ride other than motor vehicles.

(2) If the land plot servants designated to perform functions of the forest is prohibited to establish a servitude průhonu cattle. If the decision is a public authority that the site is a service designed to fulfill the functions of the forest to establish such a ministry, the ministry expires.

 

§ 1276

 

(1) servitude is a right way to ride over any ancillary land vehicles.

(2) The ministry does not set out the right way průhonu.

(3) A person who belongs to the ministry path, rather contributes to the maintenance of routes, including bridges and bridges. Owner služebného land contributes only when the device is used.

 

§ 1277

 

Area for the exercise of ministry trails, paths or průhonu must be proportionate to the need and location. When Will the trail, path, or impassable průhonu random effects, one can claim to be recognized alternative area before they are listed in the previous state.

 

Right grazing

§ 1278

 

If not specified the type, number or range cattle grazing and time when the law has established pasture, protects the peaceful ten-year tenure. If in doubt, the provisions of § 1279 to 1282.

 

§ 1279

 

(1) The right of grazing shall apply to any type of livestock, but not to pigs and poultry. Animals excessively dirty, sick or strange are excluded from grazing.

(2) If the land plot with the servants forests is prohibited to establish a servitude of grazing cattle.

 

§ 1280

 

(1) Changing the number of cattle paseného the past decade, the average firm in the first three years of grazing. If this number is not clear, according to the principles of fairness appropriate to the scope and quality of grazing, the person can not land on a business graze more cattle than he can hibernate reigning supplied with forage land.

(2) The number referred to in paragraph 1 shall nevčítají suckling.

 

§ 1281

 

Grazing time is governed by local customs, proper management of the grazing land but not be limited or difficult.

 

§ 1282

 

(1) The right does not include other grazing use. Generally not preclude the owner of the land rights služebného spolupastvy.

(2) If there is damage, it must be guarded cattle.

 

Subsection 5

Usufruct

 

§ 1283

 

Servitude right of use provides the user the right to use a foreign thing for its own needs and those of his household. Whenever the need for the establishment of the ministry, does not it right to the user's extension.

 

§ 1284

 

The owner of the things belong to all the benefits that can be taken without reducing user rights. However, the Owner shall bear all its defects, and must keep the thing in good condition. If the costs exceed the benefits that the owner left, the user must either bear these increased costs, or refrain from taking.

 

Usufruct

§ 1285

 

Servitude usufruct provides the beneficiaries of the right to use a foreign thing and take it from fruits and benefits; beneficiary has the right to income from extraordinary things. In exercising these rights is the beneficiary must save the point.

 

§ 1286

 

The hidden thing found at the site has the right recipient.

 

§ 1287

 

Beneficiary accepts all the defects that were losing at things at a time when the ministry was established. It bears the costs, without which the fruits and benefits achieved.

 

§ 1288

 

Recipient keeps the thing in a state in which it was received, and paid the usual maintenance costs on the matter, including its recovery and customary insurance against damage. Shrinks if you still use the proper thing its value blameless beneficiary is not responsible for the recipient.

 

§ 1289

 

(1) The owner may, after notice to beneficiary at his own expense the works, which led to the need for accident or age of the building, in which case the recipient of the owner pays a fee set by the extent to which consumption has improved.

(2) if unable or unwilling to carry out building work the owner is entitled to make the recipient alone and after consumption to demand the same compensation as an honest holder.

 

§ 1290

 

Beneficiary is obliged to endure the works, although not necessary, unless it is his right to damage or replace it if any damage.

 

§ 1291

 

Owner pays beneficiaries of costs that the matter be improved under the same conditions as would be required to make it nezmocněnému directors. Incurred costs if the recipient of a hobby or for decoration, the recipient of the same rights and obligations as the holder of the fair.

 

§ 1292

 

It is considered that the case when the recipient received it, the middle quality in a state fit for normal use and that when it was all such use is necessary.

 

§ 1293

 

When finished drinking, the fruits belong to the owner still unseparated. Owner not replace what they spent beneficiary under the provisions on fair holder. The other beneficiary is entitled to benefits based on how long it took the enjoyment.

 

Common provisions

§ 1294

 

Establish if the usufruct or enjoyment zuživatelným substitutable things, the user or recipient to deal with things according to his will. When his right ends, returns the same number of things the same kind and quality.

 

§ 1295

 

(1) The user or recipient of principal interest is imposed on the right only to that interest. Interest due from users or beneficiaries of the principal, the result of some changes that will replace the previous principal.

(2) The user or beneficiary and the creditor to decide together if the principal what to do. Unless otherwise agreed to the court.

(3) The debtor may only exempt debt principal repayment and the lender together, who is the user or beneficiary. Each of the two, the lender and the recipient or user, can claim only that the principal has passed both the notary or judicial custody.

 

§ 1296

 

The owner may not claim or entitle the user to ensure the substance, unless it is in danger. If security is given, the owner may claim or issue of decent things for surrender.

 

Servitude flat

§ 1297

 

If the ministry set up the apartment, shall be deemed to have been established as a servitude of use.

 

§ 1298

 

The owner shall have the right freely to dispose of all parts of the house, which is not flat servitude, and not be impeded by the necessary supervision.

 

Subsection 6

Termination of ministry

 

§ 1299

 

(1) expires servitude lasting change, for which the maid thing can no longer serve the prevailing land or beneficiary.

(2) When causing a permanent change in gross disproportion between the load and the advantage of serving things reigning land or an authorized person, the owner may claim the maid thing reduction or abolition of ministries for reasonable compensation.

 

§ 1300

 

(1) agree to the abolition of the ministry recorded in a public list, disappear from public servitude cancellation list.

(2) The period for which it was established servitude to someone, you can still negotiate the servitude shall cease to reach any other person of a certain age. In this case, it is considered that the earlier death of that person does not have influence on the duration of the ministry.

 

§ 1301

 

The combination of property and servants reigning things in one person servitude extinguished.

 

§ 1302

 

(1) Personal servitude upon his death the beneficiary; the extension of the ministry and to the heirs, it is considered that they are the legal heirs of the first class. It took the personal servitude legal person, takes the ministry as long as it takes this person.

(2) Use the service factory servitude, transfer or assignment shall not cease business or a part thereof, which will be operated as a separate race.

 

Subsection 7

Real burdens

 

§ 1303

 

(1) Where a case is registered in the public register can be loaded with real burden so that the temporary owner of the matter is the subject committed against a person authorized to give her something or do something.

(2) For the same weight can be a real burden and a few things.

 

§ 1304

 

Unlimited real proof can be established only as redeemable and conditions of purchase must be pre-determined already in the establishment of a real burden.

 

§ 1305

 

Where an actual burden of legal conduct, there is a public record in the list.

 

§ 1306

 

Does the real burden in the repeated performance may be retained dose or replacement as required of a person for whose benefit property rights came as the present owner, but only things of real burden loaded.

 

§ 1307

 

(1) The owner burdened refrain from all things, what would do worse to the detriment of the beneficiaries of a real burden.

(2) Where the matter is not sufficient proof of guilt to the real owner or its absence, which becomes apparent only later, such a degree as it was when it was set up for it, the owner corrects the condition of a security or otherwise that the person entitled to the real burden suffered damage.

 

§ 1308

 

The extinction of real burdens are similar provisions for termination of servitude.

 

Section 3

Lien

 

Subsection 1

General Provisions

 

§ 1309

 

(1) When a debt secured by a lien creditor is entitled to arise, if the debtor fails to properly and timely debt, satisfaction from the proceeds of liquidation of the collateral named above, and if this arrangement, the amount of the claim with accessories on realizing collateral.

(2) prohibits arrangements to establish a lien shall have effect against a third party only if the ban on the Register of Securities pursuant to other legislation or in the public list, or if it was known.

 

§ 1310

 

(1) arrest may be every thing to which can be traded.

(2) The lien may be established as well as things to which the pledgor ownership only arises in the future. If such a thing written in the public list or register of pledges, write to the lien, unless the owner agrees things.

 

§ 1311

 

(1) can be pledged to ensure a certain level of debt or debts which amount can be determined at any time during the term of the lien. Can be secured by a lien debt and non-monetary fine, suspension or even one that has yet to arise in the future.

(2) pledged as possible to ensure a certain type of debts arising from the debtor against the pledgee at some time or various debts arising from the pledgee to the same legal grounds.

 

Subsection 2

Stopping

 

§ 1312

 

(1) establishes a lien security agreement. In it the ujednají what's arrest and what the debt is the lien, provided the debt is still immature or more debts, it is sufficient to negotiate, to which the maximum principal amount of the security it provides.

(2) Collateral may be identified individually or by other means so that it can be determined at any time during the term of the lien.

 

§ 1313

 

The lien provided by debt and its accessories, if specifically agreed, then the penalty.

 

§ 1314

 

(1) Where the movable property as collateral delivered to the pledgee or a third person to be cherished for the pledgee, the pledge is required for a contract in writing.

(2) pledge agreement takes the form of public documents,

a) If a pledge or other plant matter mass,

b) if a pledge immovable thing that is not subject to registration in a public list, or

c) if a lien on movable assets created by registration of pledges.

 

§ 1315

Prohibited arrangements

 

(1) prohibit the arrangements under which the debtor or the pledgor may pledge to pay.

(2) Until the secured debt is reached, shall be prohibited to negotiate the

a) the mortgage lender will not seek satisfaction of mortgage,

b) the creditor may redeem the pledge in any manner or for any of it, or a predetermined price may maintain or

c) the creditor may take a pledge of fruits or benefits.

(3) If the pledger or lien debtor is a consumer or a person who is a small or medium-sized enterprise, account shall be taken to an arrangement with contents as specified in Paragraph 2. b) whether it occurred before the maturity of securitized debt, or even after secured debt reached.

 

§ 1316

 

Lien on the matter recorded in a public list, there is an entry in this list, unless another law provides otherwise.

 

§ 1317

 

(1) lien on movable assets created submitting the pledgee. If so requested by the pledgor, the creditor shall give him a bond, which describes the arrest so that the other things sufficiently distinguished.

(2) Delivery of movable assets can be replaced with a sign so that the case be marked as stopped. Was created to mark a lien, you can call him to a third party, unless in good faith, otherwise it is considered that the case was not marked.

 

§ 1318

 

Determine if the security agreement, there will be a lien on movable property by the pledgor or pledgee to a third party submits a matter to be cherished for a mortgage lender and mortgage borrower. Unless otherwise agreed, the pledgor pays the associated costs.

 

§ 1319

 

(1) Determine if the security agreement, there will be a lien on movable assets entered in the register of pledges.

(2) A lien on real estate property in the public list nezapisované to race and movable mass arises by registration of pledges.

(3) Registration of Securities performs notary who wrote the pledge agreement, without undue delay after the conclusion of the pledge contract.

 

Stop shares in a corporation

§ 1320

 

(1) If you can freely share in a corporation to transfer, it can also establish a lien, where the proportion can be transferred only under certain conditions, is required to meet the same conditions during his suspension. This does not apply if the share of social contract stopping prohibited or restricted.

(2) If a security interest constituted, is only the eligible collateral security.

 

§ 1321

 

The contract, which the corporation adopts to pledge their own interest are taken into account.

 

§ 1322

 

(1) The lien created by the registration of shares in a public register in which the corporation is registered.

(2) the pledgor or the pledgee shall notify the corporation establishing the pledge without undue delay; notification is not required to give the competent authority of the corporation to stop the share agreement.

 

§ 1323

 

If the proportion of voting rights, the pledgee is to perform only if it has been agreed.

 

§ 1324

 

(1) If, claim becomes a lien creditor is entitled to monetary and other contributions in kind arising from participation in the corporation up to the amount of secured debt. This performance is included to cover the debt, unless the parties otherwise ujednají.

(2) denies the individual debtor or lien debtor in court proceedings or the existence of the debt, provided the transactions referred to in paragraph 1 without undue delay after the amount of debt or the existence of the court, by this time not in default the person who has a performance to provide.

 

§ 1325

 

Pledgee shall start execution of the lien to all shareholders. If these companions to share the right of first refusal, right of first refusal shall lapse does not apply if the partners in liquidation of collateral.

 

§ 1326

 

If this was agreed, the pledgee acquires the pledged share the moment when the realization of his attempt to share in the exercise of the lien failed. Unless agreed that the pledgee shall have that time pledged share, the mortgage lender from that time companion to exercise rights attached to shares.

 

§ 1327

 

(1) If the pledgee when you try to share liquidation failed, it may be a lien on the debtor to seek to him on normal commercial terms transferred the pledged share to cover the debt. Does not apply if the pledgee his right within one month from the date of his attempt failed for the realization of the share, the right expires.

(2) does not transfer the mortgage borrower share the pledgee within one month of being asked to do, pledgee may demand that the content of the contract by the court.

 

Stop securities or book-entry security

§ 1328

 

(1) A lien on a security arises handing the pledgee. Determine if the security agreement, there will be a lien on a security by the pledgor or pledgee shall send a copy of a security and pledge agreement to a third party in order to arrest them cherish.

(2) The creation of a lien on a security is required to order and pledge endorsement containing the clause "to stop" or other words with the same meaning and designation of the pledgee.

(3) Ujednají If the parties that a lien on a security to bearer lien created entry in the register of pledges, collateral is required to surrender a person to pledge collateral in the register to record the duration of the lien.

 

§ 1329

 

(1) If the securities already in custody, there will be notifying the lien of the pledgee or the pledgor notified to the custodian along with the copies of the pledge contract. Receipt of the notification is true that the security is kept to a lien creditor and the debtor's pledge together. The provisions of § 1328 paragraph 2 shall not be affected.

(2) Who hid securities business in a way marked the halt in its records so that it was clear who is the pledgee; store it separately, unless it is a mass storage.

 

§ 1330

 

If he is a security no longer stop at a third party under contract with the owner, may be a security for the duration of the lien lien issued by the debtor without the consent of the pledgee.

 

§ 1331

 

(1) The book-entry security creates a lien notation on the account owner in the records. Entry made by the person authorized to keep these records in order of lien debtor to the detriment of his account. Where a statement of lien creditor, debtor or the pledgor personally, shall be recorded lien, when the principal demonstrates the establishment of a lien.

(2) The lien deleted from the records of a person authorized to keep such records. Where a statement of lien debtor, the debtor or the pledgor personally, it clears the lien, if the principal proves that there is a fact that would normally cause extinction of the lien.

 

§ 1332

 

(1) For the duration of the lien to a security lien creditor may exercise the rights associated with the pledged security to the extent the named parties.

(2) The income and other monetary payments of securities, the provisions on the implementation of the pledged assets, unless the pledgee waives this right in favor of the lien debtor.

 

Stopping the account owner's book-entry securities

§ 1333

 

The book-entry securities account, there is a lien on the account entry in the register. For registration and deletion of lien § 1331 shall apply mutatis mutandis.

 

§ 1334

 

(1) lien on the account owner's book-entry securities shall apply to all securities that are registered on the account of the lien on securities transferred to the account stopped for the duration of the lien. The provisions governing the lien on individual securities are securities listed on the account stopped accordingly.

(2) If the transfer of the pledged securities account with the prior consent of the pledgee, shall lapse and transfer the lien to this valuable paper.

 

Stopping claims

§ 1335

 

(1) Stop can claim that you can transfer it to another. If the claim of lien pledge of the debtor's mortgage lender, debt and debt do not expire fusion persons creditor and the debtor.

(2) A lien on a claim arises effective security agreement, unless a later time is an arrangement, the effects of the pledged assets to the debtor, however, becomes a lien, pledge until he is notified to the debtor or lien creditor proves. This does not apply if the parties have negotiated a lien entry in the register of pledges.

 

§ 1336

 

(1) Before maturity of the secured debt, the borrower can meet the pledged claim only integrally pledgee and pledgor. Each has the right to ask the borrower to impose performance for both of them into custody with a third party, unless the mortgage lender and mortgage borrower a custodian, it shall determine the proposal from one party to court. If, secured debt, the pledgee shall Broker everything you need to its satisfaction.

(2) If the secured debt due, the pledgee has the right to claim the mortgaged debtor fulfills his alone; apply to them, shall submit a report to creditors pledged receivables. If you become debt have stalled due, the pledgee has the right to be ceased.

 

§ 1337

 

Where the mortgaged assets of the funds issue a lien creditor lien debtor everything exceeds the secured claims and expenses, including equipment, whose replacement has a lien creditor law. Where the other thing is, becomes a lien on the subject.

 

§ 1338

 

(1) If required by the legal maturity of the pledged receivable creditor negotiations, especially dismissal or withdrawal, it shall not be required consent of the pledgee. The pledgee may demand that the creditor is legally acted, if there is a threat to security.

(2) If the debtor's legal actions, legal proceedings to have such effects when it was announced and the pledgee.

 

§ 1339

 

If there was a lien agreed to a receivable account, a lien creditor is entitled to order the person who leads the account that he paid the account balance to the amount of secured debt, unless he notifies the amount and maturity of the secured debt.

 

§ 1340

 

The provisions of § 1336 and 1338 shall apply if the parties neujednají something else. To negotiate with the lender needs to make a statement or other conduct legal consent of the pledgee, the lender may seek consent if there is a threat to security.

 

§ 1341

Future lien

 

(1) If a pledge to become the thing to which the pledgor liens only arise in the future, there will be a lien acquiring ownership mortgage debt.

(2) Where required the registration of the lien in the public list or to register pledges and if there was a future recorded lien, the lien arises acquiring ownership of a mortgage borrower.

 

§ 1342

The lien of the public authority's decision

 

Where an lien by a public authority, there is a lien judgment is enforceable unless it is determined later time. If otherwise, the lien of the required registration or collateral to a separate public list, the lien is recorded there.

 

§ 1343

Stop Foreign Affairs

 

(1) can give the pledgor as collateral strange thing only with the consent of the owner.

(2) gives the pledgor as collateral pledge foreign matter without the consent of the owner, the lien arises, if the matter is handed over to the pledgee, and he takes it in good faith that the pledgor is entitled to stop the thing.

(3) If a man has pledged to things incompatible with the substantive law, a lien, the provisions of paragraphs 1 and 2 accordingly.

 

§ 1344

 

Stops the pledge pledger foreign matter in the race and pawnshop unless a thing pledger owner told the owner to plant operators zastavárenského right to release things, if he proves that the matter lost by loss or willful act of the nature of the offense. Zastavárenského plant operator is allowed to require the owner to give him things before paying the amount paid to the pledger or Accrued Interest.

 

§ 1345

Vespolné lien

 

For the same debt can stop one another a few things. It provides the same debt several separate pledge, the pledgee may satisfy any of them or all of the collateral.

 

Subsection 3

Extent of lien

 

§ 1346

 

(1) The lien applies to the arrest, its growth and accessories, security agreement unless designated otherwise. The fruits and benefits of the lien applies only to those that are not separated.

(2) If the pledged asset belongs to the pledgee and any law that provides asset.

 

§ 1347

 

When things stop mass lien applies to zástavcovy individual things belonging to her arrest and used everywhere. The lien applies to every single thing that things will be added to the public, and terminates on each individual case, which separates from the bulk matter.

 

§ 1348

 

If you negotiate for the duration of the lien to bulk things separate lien on the individual case, which belongs to the pledge, lien arises. Established if certain things lien before the case was added to the bulk or mass than the thing stopped, the provisions of the order of lien.

 

§ 1349

 

The duration and extent of the lien does not affect a security or exchange of securities pledged by the issuer lien debtor for another security, or conversion of securities in book-entry securities or the conversion of book-entry security to security. Emerges from the exchange or conversion of securities to the order, he shall affix a lien prior to endorsement by the issuer of a security person authorized to have security with him.

 

§ 1350

 

(1) Converts to the new thing in pledge, lien and loaded with a new thing.

(2) Connects to the arrest of other things, the pledgee has the right to restore the previous state at the expense of the lien debtor. If possible, the lien shall debit the whole thing, but only to the value of collateral at the time of connection. If the collateral valued, it is considered that the price determines the amount of collateral valuation.

 

§ 1351

 

When the distribution of the pledged thing debit liens arising from the division of all things.

 

§ 1352

 

Put the two banners, staring at it for the purposes of the lien as if the merger, this does not apply if the collateral related to ensuring the fulfillment of that debt.

 

Subsection 4

The rights and obligations of the lien

 

§ 1353

 

Lien debtor to refrain from doing anything which worsens with arrest at the expense of the pledgee. If it becomes an act of the debtor sufficient security pledge pledgee or insufficient to reduce the lack of assurance, mortgage borrower be adequately replenished.

 

§ 1354

 

(1) If the arrest occurs and the insured if the insured event, full insurance from the insurance contract pledgee, shown by the pledgee insurance time on things that really his lien, or to notify her in time or lien debtor pledgor .

(2) The pledgee has the right to withhold the benefits of the insurance contract and to obtain satisfaction from him, unless his claim properly and in time, unless otherwise agreed. What exceeds the claim, including accessories and costs on the replacement pledgee has the right issue a lien creditor lien debtor.

 

§ 1355

 

If the arrest relinquished by another without consent of the pledgee does not it against the pledgee legal effect. This does not apply if the parties ujednají that consent is not required.

 

§ 1356

 

(1) The mortgage lender that has been handed over to arrest, it is entitled to carry the entire duration of the lien. Must take care of her as an ordinary farmer and against the pledgor has the right to reimbursement of related expenses, as an honest holder.

(2) The pledgee may use the collateral without the consent of the lien debtor and the debtor's way for the destruction of the lien, if the pledgee in good faith that the lien debtor pledgor, the pledgor is sufficient agreement. Unless other arrangements are credited benefit from the pledge to be reimbursed pursuant to paragraph 1

 

§ 1357

 

If the pledged item delivered to a third party custody, arrest such person shall use or permit the use of another, or to hand it to another person, makes a to do so, and is responsible for the accident, which would arrest was not affected by it.

 

§ 1358

 

Whenever the essential fact of lien registered in the register of liens or in the public and does not list the other enactment to apply for the change registration of another person shall request the change registration without undue delay, the one whom the amendment, can not be him to determine, apply for a mortgage lender enrollment changes. If this duty more than one person, it is sufficient if it meets at least one of them.

 

Subsection 5

Performance pledge

 

§ 1359

 

(1) When a secured debt is due, the pledgee can satisfy a way, which they agreed to stop, or a mortgage borrower, in writing, or from the proceeds of liquidation of the collateral at public auction or sale of collateral under another law. If the pledged securities are admitted to trading on a regulated European market, will sell in this market or out of the market price determined at least for European regulated market.

(2) The pledgee to the pledgor has the right to compensation for necessary expenses incurred in the performance of the lien.

 

§ 1360

 

If it was agreed that the pledgee may sell the collateral other than at auction, it also obliges the legal successor of the lien debtor. Lien debtor notifies the transferee in the transfer of collateral to the creditor's right to sell collateral in such a manner.

 

§ 1361

 

If the debtor against the need for specific actions to reach the claim must be differences in these acts in the person of the lien debtor's personal and directed against a pledgor to the pledgee of collateral to satisfy.

 

§ 1362

 

(1) The start of the exercise of a lien by the pledgee shall notify in writing to the lien debtor, the notice shall state how the mortgage satisfied.

(2) If a lien registered in the public register or list of collateral, the pledgee shall begin writing the performance of the lien in the register.

 

§ 1363

 

It was to start execution of the pledge announced pledgor, shall, without the consent of the pledgee to dispose of collateral. Violation of the ban does not affect the rights of the assignee to whom the pledger has transferred ownership of the case in the ordinary course of business in the business, unless the licensee knew or should have known of the circumstances, that the lien with the performance began.

 

§ 1364

 

(1) lien creditor may redeem the pledge after the first thirty days after the commencement of the exercise of a lien lien debtor announced.

(2) If the commencement of the exercise of a lien recorded in the public list or register of collateral after initiating enforcement lien creditor lien pledgor announced time limit of thirty days from the day of registration in a public list or register of pledges.

(3) If the subject of an agreement before the notice period of less, to disregard it.

 

§ 1365

 

(1) to negotiate with the mortgage lender can sell the collateral other than at public auction shall proceed with the sale of professional care in the interest of its lien in the interest of the borrower to pledge sold at a price comparable to a thing that can usually sold under comparable circumstances in a given place and at any given time. Should the pledgee this obligation, it does not affect the rights of third parties acquired in good faith.

(2) negotiate if, as pledgee cashing collateral, the creditor may at any time during the performance of his pledge to change the way that the pledge will sell at public auction or cashing it under another law. Change the way power lien creditor lien debtor timely notifies in writing.

 

§ 1366

 

He asks if so interested in acquiring the pledged goods or the auctioneer, he proves the pledgee that start execution of said lien pledgor.

 

§ 1367

 

(1) lien debtor suffer performance pledge, the pledgee shall arrest with the instruments needed to take, sale and use and provide it with other necessary assistance. If the collateral instrument or carry a third person has the same obligation.

(2) Who has a pledge to each other, refrain from doing anything which would reduce the value of the collateral; to normal wear and tear is taken into account.

 

§ 1368

 

(1) Proceeds from liquidation of collateral to pay the claim, including equipment and costs for which reimbursement has a lien creditor law. He assured the non-monetary debt, it is considered that the creditor entitled to the amount of cash consideration usual price at the time of claim of lien, this applies even if the secured debt-kind accessories.

(2) Payment of claims arising from the liquidation of collateral pledgor same rights as if they fulfilled the debt itself.

 

§ 1369

 

Pledgee pledgor shall without undue delay after the liquidation of collateral in the form of a written report which shall contain data on the sale of collateral and its associated costs, as well as other costs for which reimbursement has a lien creditor entitled to the proceeds from the sale and use.

 

§ 1370

 

Personal debtor pays what is lacking neutrží if the liquidation of the collateral as much as the amount owing. Pledgor belongs, what is more utrží.

 

Subsection 6

Performance pledge for more pledgees

 

§ 1371

 

(1) Really if to arrest more liens shall be determined by length of the order of lien. To be the creation of a lien registered in the public list, decided to order the instant application for registration.

(2) If the thing pledged, the pledgor to whom the title only arise in the future, determine the order of liens by the time of conclusion of the pledge contract, writes to the future to register a lien or liens in the public list, decide the order in proposals which were submitted to an entry.

(3) Really if the movable multiple liens, to satisfy the right of the pledgee of Securities registered in the register or in the public list in the order of registration priority over the law resulting in another way. Right arose submitting pledges pledgee or a third party to satisfy priority over the law resulting from the designation sign things.

 

§ 1372

 

(1) If there is more to stop the liens, they can mortgage lenders to negotiate in writing the order. The Arrangement is effective against third persons from registration pledge, or in the public list, if required for registration of the lien in such a list. Suggest an entry by all mortgage lenders, who negotiated the order of the liens.

(2) To be agreement reduced the right of lien creditor not a party to the agreement, it has no legal effect against him.

 

§ 1373

 

(1) The pledgee shall start with the exercise of lien creditors zástavním to those who enjoy the right to meet in order prior to its order. The provisions of § 1362 shall apply mutatis mutandis.

(2) The pledgee can redeem the pledge earlier than thirty days after notice to all creditors zástavním under paragraph 1 This does not apply to notify him within this period of lien creditor to whom belongs the right to meet in order prior to its turn himself započíná performing his or her lien; not begun when the lender to exercise its lien without undue delay, to his notice shall be disregarded.

 

§ 1374

 

(1) Execute the pledgee a lien that is first in line to meet the applicable liens (hereinafter referred to as "priority lien creditor") is transferred to the transferee of pledge unencumbered by other liens.

(2) exceeds the proceeds from the sale of mortgage debt and costs, including equipment, whose replacement has the right to impose a priority lien creditor surplus to judicial custody for the benefit of creditors, other receivables, which suggests a lien and pledge of the debtor, unless it agrees with them otherwise.

(3) The surplus will be other creditors claims, which shows a lien, satisfaction, in turn crucial to satisfy the liens. What is left, he goes lien debtor.

 

§ 1375

 

(1) Execute the lien lien creditor other than preferred, transferred to the transferee of pledge pledged pledgee of those whose right to be satisfied prior to its order. The transition load, including the pledge by the pledgee time buyer mortgage learn.

(2) lien creditor who exercises its right of lien, pledge, and the purchaser shall record the change in the person of the debtor's pledge collateral in the register or in a public list, if required for such registration of the lien, or damage caused by this.

(3) Rights of pledgee whose right to satisfy the following order of the creditor holding the lien under paragraph 1 shall apply mutatis mutandis § 1374th

 

Subsection 7

Termination of lien

 

§ 1376

 

Termination of the secured debt and lien expires.

 

§ 1377

 

(1) The lien ceases to exist, but claim it takes

a) termination of the arrest,

b) renounce a lien creditor lien

c) returns the pledgee pledger pledge or lien debtor

d) if an pledgor or pledgee a lien debtor pledged things cost, or

e) the end of the period to which the lien.

(2) pursuant to paragraph 1 effects occur even if the other person has acquired the mortgaged property right things in the good faith belief that matter is not pledged as security. This does not apply if the lien is registered or collateral in the public list.

(3) If the thing and lien entered in a public list takes effect under paragraph 1 even if the arrest or in part, was transferred

a) a security agreement specifies that the pledge or part load can be transferred without a lien or

b) in the ordinary course of business in the transferor's business.

 

§ 1378

 

If the lien is registered or collateral in the public list, even after its demise, it is a failure to stop stalling.

 

§ 1379

 

(1) ceases to have a lien registered in the register pledge, the pledgee shall request without delay and cancellation of the lien is cleared. This is true even if the lien was recorded in the public list, unless the parties agreed that the mortgage lender to cancel the lien or the owner does not request asked for the registration of the lien released.

(2) The mortgage borrower has the right to request cancellation of the lien, if not expired lien expiration of the period will be deleted from the register of pledges from the public list or if it shows mortgage lien debtor demise charter confirmed the lien creditor or a court or other public Charter. A failure by the pledgee to the pledgor's request termination of the lien, damages resulting from it.

 

Subsection 8

Owner's rights to release the collateral

 

§ 1380

 

Whenever the arrest and disappearance of the lien unless the public record on the list yet cleared lien, the lien shall be vacant and the owner can combine things loose with another lien debt, which does not exceed the original debt.

 

§ 1381

 

Asks the owner if so, shall be entered into the public list, the lien released and ensuring that the original debt had passed, is shown by the extinction of the lien receipt confirming the lien creditor or a court or other public document. If the owner fails to loose another lien debt within ten years from registration of a lien release, his right to do so expires.

 

§ 1382

 

If there was a public list of written release of lien, they can before the expiration of ten years together, erase the lien.

 

§ 1383

 

If the owner did not secure a lien released new debt in the liquidation account shall be pledged to the relaxed lien on the distribution of proceeds.

 

§ 1384

 

Undertakes to the owner of the establishment of a lien or later, that a lien registered in the order does not provide advantageous new debt, and if necessary in the public list of registered, can not be relaxed to ensure a new lien debt, while it lasts for a lien creditor in whose favor of the owner committed.

 

Subsection 9

Replacement of the lien

 

§ 1385

 

If there was a lien recorded in the public list, the owner may request the matter to a lien in the order of things stagnant and to ensure debt does not exceed the original debt, the lien was registered under the condition that a year after recording a new lien, the old mortgage právo deleted.

 

§ 1386

 

The deletion of the old lien may require the owner of the goods or creditor on whose behalf it is to be a new lien. Failure to do so with the success of a year, a new lien expires end of this time. Competent public authority of the new lien clears its own motion, along with all the entries that relate to it.

 

§ 1387

 

Really if the old lien rights or other restrictions recorded in a public list is full, the lien of the list, provided that the fault is cleared, with the consent of the parties or transferred to the new lien.

 

§ 1388

 

Undertakes to the owner of the establishment of a lien or later, to allow the registration of the new lien instead of the old, and if necessary in the public list of registered, not the old lien in the new convert.

 

§ 1389

 

If a new lien be entered instead of a number of liens listed in the order directly behind him, the provisions of this subsection as appropriate.

 

Subsection 10

Podzástavní právo

 

§ 1390

 

Podzástavní right arises stopping claims that suggest lien.

 

§ 1391

 

(1) the lien debtor's consent is not required to stop the claims. Podzástavní right against him shall take effect

a) where he served notice of its occurrence, or

b) if the collateral matter to which the lien arises by registration of collateral or a special public register entry in this list, this entry podzástavní right arises.

(2) Notification pursuant to paragraph 1 may make podzástavce or podzástavní creditor, he must rise podzástavního práva podzástavnímu debtor prove.

 

§ 1392

 

Podzástavce rid of the obligation under § 1353 podzástavnímu to recourse creditors.

 

§ 1393

 

Podzástavní creditor may seek satisfaction from podzástavy podzástavce place once the debt is secured podzástavním právem payable.

 

§ 1394

 

The podzástavní right to reasonably apply the provisions on the right zástavním.

 

Section 4

Lien

 

§ 1395

 

(1) Who has the obligation to issue foreign movable thing has it, it can withhold from her will to ensure the maturing debt of the person which would otherwise be required to take.

(2) Ensure detention and the right may be due for debt

a) If the debtor fails or debt, though it by contract or by law to ensure měl,

b) If the debtor declares that the debt is not met or

c) if it becomes apparent otherwise, the debtor fails to comply with debt due to circumstances that occurred with him and was not a creditor could not be known when the debt.

 

§ 1396

 

(1) foreign matter must not seize a person who holds it wrong, especially if seized her by force or deceit.

(2) seize foreign matter not even the one who was instructed to dispose of it in a way incompatible with the exercise of the lien, this does not apply if the matter was with him at the time the insolvency proceedings, which are addressed in the bankruptcy or impending bankruptcy of the debtor.

 

§ 1397

 

(1) who held a foreign thing, it shall inform the debtor of his detention and the reason. If the creditor thing with him under a contract concluded in written form, requires notification in writing.

(2) The creditor must take care of the detained thing as an ordinary farmer and against the debtor has a right to reimbursement as a proper holder. Use the detained thing the creditor without the consent of the debtor and the debtor's way to destruction. Unless other arrangements are credited in favor of things to be reimbursed pursuant to paragraph 1

 

§ 1398

 

Creditors, which ensured its claim detention law, shall be withheld from the proceeds of the liquidation preference satisfaction matters before other creditors, even creditors zástavním. For the realization of things seized by the creditor shall apply mutatis mutandis § 1359th

 

§ 1399

 

The lien expires

a) the extinction of the debt secured or seized things

b) renounce a lien creditor unilaterally or arrangement with the owner of seized things

c) if the matter can permanently from the creditor, or

d) where the lender with sufficient certainty.

 

Section 6

Management of foreign assets

 

Section 1

General Provisions on the Administration of foreign assets

 

Subsection 1

General Provisions

 

§ 1400

 

(1) Any person who is entrusted with property management that he is not in favor of someone else (the "beneficiary"), is the manager of foreign assets.

(2) It is understood that the controller is acting as legal representative of the owner.

 

§ 1401

 

(1) The Administrator shall perform his duties personally. The other person may delegate his powers or be otherwise represented only at a particular legal proceedings; while such person is obliged to carefully select and give it sufficient guidance.

(2) It is the administrator improperly represented by another person or authorize another person to unlawfully exercise its jurisdiction, the beneficiary with the person responsible jointly and severally liable for everything done.

 

§ 1402

 

(1) It is understood that administrators due to the nature of the usual reward of his services.

(2) A person who manages another's property without a legal reason not entitled to compensation.

 

§ 1403

 

Administrative costs and profit distributed to beneficiaries under a statute or other contract, otherwise the fairest view of the nature and scope of government and the circumstances of its origin with respect to general practice. If you can not specify a different ratio for the distribution of profits and costs between the beneficiaries, true that these shares are the same.

 

§ 1404

 

If required to conduct certain beneficientův consent, it may substitute its decision the court if the beneficiary is unknown or if no opinion beneficientovo early detection. This is true even if the beneficiary refuses to consent, for it has no good reason.

 

Subsection 2

Simple management of foreign assets

 

§ 1405

 

Who performs the simple management of foreign assets, is all that is necessary for its preservation.

 

§ 1406

 

Manager applies the simple management of all rights related to assets under management and managed properly with it. Manager shall, without the consent of the beneficiary to change the purpose of assets under management.

 

§ 1407

 

If the administrator manages the funds must be spent prudently. If there was something of assets under management invested in a certain way before, the administrator can later change the selected method.

 

§ 1408

 

(1) The administrator can of something to dispose of assets under management, where in order to maintain the value, nature and purpose of managed assets, or if it is necessary to pay debt associated with this property, otherwise the only consideration. For the same purpose, the property manager managed to stop or otherwise used as security. These legal actions administrators must give consent beneficiary.

(2) consent to the alienation of property manager does not need it if there is a perishable or is likely to quickly lose value.

 

Subsection 3

Full management of foreign assets

 

§ 1409

 

Who is entrusted with full administration of another's property, arrange for its reproduction and application in the interest of the beneficiary.

 

§ 1410

 

Manager managed assets may be anything that is necessary and useful.

 

Section 2

Rules for management

 

Subsection 1

Administrator's duties to the beneficiary

 

§ 1411

 

Another's property manager exercises its powers and perform duties with due diligence.

 

§ 1412

 

(1) If multiple beneficiaries, whether simultaneously or subsequently, the administrator shall act impartially to all, taking account of their respective rights.

(2) If the beneficiary controller itself, must take into account their interests the same as the interests of other beneficiaries and exercise their powers in the common interest.

 

§ 1413

 

Except where the interest or right arising from legal proceedings, from which management occurs, the administrator must beneficiary and the person who oversees the management of property or the interest of the beneficiary, without undue delay

a) any interest in his business or property Pospěch pursuing activities that could find itself in conflict with the interests of the beneficiary, and

b) any right, which could apply to any beneficiary or in respect of assets under management.

 

§ 1414

 

Controller keeps reliable records of assets and managed not to mix your own property with the property under its administration.

 

§ 1415

 

(1) The administrator may become a party to contracts relating to assets under management, contractual right to acquire such property or rights to the beneficiary without the consent of the beneficiary.

(2) The administrator can use the managed property or information gained in the Administration for their own benefit without the consent of the beneficiary, unless such use to determine the statutes or other agreement or stipulated by law.

 

§ 1416

 

The administrator can transfer the trust property free of charge only if it is in the nature of government, or in the case of negligible value of the property, which deprives the Administrator in the interest of the beneficiary or in concert with the administration.

 

§ 1417

 

Správce not cover damage to property caused by force majeure, or other natural aging and the development of normal wear and tear for ordinary use.

 

§ 1418

 

The court may in determining the compensation administrators to reduce the compensation only with respect to the circumstances in which management was adopted, or if an administrator to administer the free of charge, or if the administrator is a minor or if his legal capacity is limited.

 

Subsection 2

Duties of the administrator and the beneficiary against third parties

 

§ 1419

 

(1) Managers agree that the personal obligation of commitment negotiated a with another person on the account beneficiary. This is true even if it is clear that a trustee acting on behalf of the Trust Fund.

(2) If an administrator in the exercise of its jurisdiction on behalf of the beneficiary's own name, is bound together with the beneficiary, the beneficiary may be applied only from the performance of assets under management. This is true even if the manager acted on behalf of the Trust Fund, although it was not obvious.

 

§ 1420

 

Whenever the Administrator its scope, its conduct of the person obliged. However, when relying third party in good faith on the proper performance of the manager's competence or confirm the beneficiary, even if only implicitly, the legal act administrator, administrator and beneficiary are jointly and severally bound, but the beneficiary can only claim the performance of managed assets.

 

§ 1421

 

Správce exceeds its jurisdiction, if it carries itself, although it must be performed jointly with another person, this does not apply if it was obtained by this procedure for managed assets of more benefit than what is to be released from it.

 

§ 1422

 

Every competent pretends to a third party that the other person is the administrator of his estate, arising from a contract entered into in good faith with the other person party to the same obligations as if the property was předstírajícího under management.

 

Subsection 3

Inventory, security and insurance

 

§ 1423

 

(1) Report Manager inventory, give security for the proper administration of government or insure the trust property, determine if the statutes or other agreement or stipulated by law.

(2) At the request of the beneficiary or other person having legal interest on it, the court may impose an obligation to in paragraph 1, taking into account the value of assets under management, the position of the parties and other circumstances of the case. Proposal can not be upheld if it is contrary to the Treaty establishing the Administrations between the controller and beneficiary.

 

§ 1424

 

(1) If the administrator shall prepare an inventory, give it a true and accurate list of assets included in the administration, including a list of important documents.

(2) Personal effects are included in the inventory can be described only in general, unless things between them are not negligible value.

 

§ 1425

 

It is understood that the property described in the inventory is the date of the inventory in good condition.

 

§ 1426

 

Inventory Manager delivers to the person who commissioned him správou, beneficiary and the person whom it has been agreed or provided by law. Beneficiary or other person having legal interest in it has the right to argue any inaccuracy in the inventory item or request a new build inventory.

 

§ 1427

 

(1) The Administrator is authorized to insure managed assets at the expense of the beneficiary against common risks.

(2) The Administrator has the right to insure their property from the management responsibility at the expense of the beneficiary, if the Administration pursues free of charge.

 

Subsection 4

The management

 

§ 1428

 

Several administrators responsible for joint management and decision is by majority vote unless the contract or determined by law provides otherwise. It is understood that each of the joint administrators have one vote.

 

§ 1429

 

(1) If they can not co-administrator shall act under § 1411 for a legal impediment caused by the events of systematic failure or systematic resistance of any administrator, or another similar reason, the other administrator to determine and act independently in matters necessary for maintaining the status quo. In other matters may do so with the approval of the court.

(2) If the state takes in accordance with paragraph 1, the court may decide on the proposal of the person on it has a legal interest, administrators can decide and act otherwise than specified in § 1428, that one of the administrators will have the deciding vote or decide the next performance management otherwise appropriate circumstances of the case.

 

§ 1430

 

The joint management administrators are bound jointly and severally, unless otherwise stipulated by law.

 

§ 1431

 

(1) He shall not if any of the joint administrators of other administrators without delay, that disagrees with the decision, and has communicated to the beneficiary without undue delay, it is considered that the decision approved.

(2) have taken a joint decision of the administrator in the absence of any of them, it is considered that the absent approved the decision, if not notified his disapproval of administrators and other beneficiary without undue delay after he learned of the decision.

 

Subsection 5

Prudent investment

 

§ 1432

 

Manager decides to invest with respect to yield and the projected profit; if possible, allocates investment risk to achieve such a balance between fixed income and variable income, which reasonably corresponds to the economic conditions.

 

§ 1433

 

Trustees are prohibited for the beneficiary to acquire more than 5% shares of the same issuer. They will also prohibit the acquisition of the beneficiary share, bond or other security debtor person who has violated the obligation to pay the proceeds of securities and such person or the administrator may not grant the loan.

 

§ 1434

 

The administrator can save the managed funds in the account at a bank, foreign bank or savings and credit cooperatives with their choice on demand or within thirty days.

 

§ 1435

 

Investment expended before they assumed the administration, the administrator can maintain, though not prudent.

 

Subsection 6

Bills

 

§ 1436

 

(1) The administrator shall submit accounts beneficiary administrations of at least once a year. If several managers, shall submit a joint statement, unless due to the division of duties determined by contract or law provides otherwise.

(2) The statement must be in sufficient detail to verify its accuracy.

 

§ 1437

 

Manager beneficiary at any time to examine the books and documents relating to the administration and provide it to request the necessary information as rights management.

 

Section 3

Termination správy

 

§ 1438

 

Activity of an end with the retirement, withdrawal, incapacitation those restrictions still enjoys the full rights certificate or bankruptcy administrator.

 

§ 1439

 

Správa expires at the end of the period for which it was established, reaching the end or termination of the beneficiary rights to a managed property.

 

§ 1440

 

(1) If the administrator declares that it withdraws from office, ends his duties delivering a statement on the resignation of the person authorized to call a new manager, unless this declaration relates resignation at a later date. Správce the Declaration of withdrawal and other administrators, and the beneficiary, who exercises supervision over the management.

(2) The Administrator shall not withdraw from the administration at the wrong time, resignation or otherwise violate their obligations to good governance, or compensation under Part Four of this Act.

 

§ 1441

 

Who set up the controller, it may revoke a declaration made in writing.

 

§ 1442

 

Practice of law, who acted as manager in good faith that the administration is not over yet, the beneficiary undertakes. Beneficiary undertakes to conduct a legal person who has ceased to be an administrator, if the other party acted in good faith that the administration takes.

 

§ 1443

 

At the end of the administration, the liquidator with the effects of binding on the beneficiary everything that is due to be or what is necessary to avoid losses.

 

§ 1444

 

(1) Where an administrator dies or ceases to exist if the person who is the manager's duty to arrange the matter without undue delay after the death or disappearance managers learn správy disappearance of the person who commissioned the Administrator Správa, as well as beneficiary and other person of whom it has been agreed or specified by law. This applies even if the Administration has ceased because the administrator was limited in incapacitation.

(2) Who has the obligation under paragraph 1, do all what is otherwise authorized or required to make the dissolution of the Manager Administration.

 

§ 1445

 

The administrator shall submit the beneficiary terminates the session billing. Bills submitted by the Trustees, who starts in his place. The provisions of § 1426 and 1427 shall apply mutatis mutandis.

 

§ 1446

 

(1) Managers at the end of messages from the managed estate or beneficiary on incoming administrator at the place where the property is located, unless otherwise stated.

(2) to refer to managed assets include the issue of what the administrator for the beneficiary received during the administration, including compensation, to which the administrator is obliged under the previous provisions.

 

§ 1447

 

The property, which is required to issue, the administrator lien to secure their claims of authority. However, if the administrator to issue money, set off his claim against any claim of mutual beneficiary.

 

Section 4

Trust Fund

 

Subsection 1

The concept of the Trust Fund and its formation

 

§ 1448

 

(1) Trust Fund is created spin-off of property owned by the founder, so that administrators rely on the property for a particular purpose or acquisition contract for death and a trustee of the property shall undertake to hold and manage.

(2) The creation of the Trust Fund created a separate and independent ownership of property and dedicated trustee is obliged to take on the property and its administration.

(3) The ownership of the assets of the Trust Fund shall be vested in its own name on account of the fund trustee, property in the Trust Fund is neither the property manager or property of the founder, or the property of the person to be filled from the trust.

 

§ 1449

 

(1) The purpose of the Trust Fund may be beneficial to the public or private.

(2) Trust fund set up for private purposes to the benefit of a person or in her memory. This fund can be established for the purpose of investment and profit for the division among the founders, employees, shareholders or other persons.

(3) The main purpose of beneficial public trust can not be profit or operation of the plant.

 

§ 1450

 

(1) Trust fund must have its own label.

(2) Description of the Trust Fund must reflect its purpose and contain the words "Trust Fund".

 

§ 1451

 

Trust Fund created when a trustee adopts the mandate of his administration, if the trust managers more, it is sufficient if the commission adopts at least one of them. Nevertheless, where the Trust Fund established for the acquisition of death, there will be the death of the testator.

 

§ 1452

 

(1) Everyone shall have the Trust Fund Statute. Trust status issues founder. Where an acquisition of the Trust Fund in the event of death, shall apply mutatis mutandis § 311th

(2) The Statute contains at least

a) an indication of the Trust Fund

b) identification of assets that make up the Trust Fund at its inception,

c) defining the purpose of the Trust Fund

d) the conditions for the performance of the Trust Fund

e) the duration of the trust, unless otherwise stated, the fund was established for an indefinite period, and

f) if it is to be filled from the Trust Fund as a person, appointed person, the determination of that person, or how the appointed person designated.

(3) The Statute requires the form of a public document.

 

Subsection 2

Správa Trust Fund

 

§ 1453

 

(1) the Trustee may be every Every competent person.

(2) A legal person may be the Trustee, if so specified in the law.

 

§ 1454

 

Under the conditions specified in § 1453 may be the Trustee of the founder of a trust or a person to be filled from the trust. In this case, however, must be further Trust Fund trustee, which is the third person, and administrators, the legal act together.

 

§ 1455

 

(1) the trustee is appointed and dismissed by the founder. Founder of the statute may specify a different method of appointment or revocation of the trustee.

(2) At the request of the person on it has a legal interest, the trustee appointed by the court to appoint him to the authorized person within a reasonable time or if it can not establish under paragraph 1

 

§ 1456

 

Svěřenskému managers belong in full property management trust fund. The public list or other record shall be entered as a trustee of the owner of property in a trust fund with the notation "trustee".

 

Subsection 3

Beneficiary

 

§ 1457

 

(1) The founder has the right to appoint and determine obmyšleného the achievement of the Trust Fund, unless the status of the Trust Fund shall determine otherwise.

(2) if he fails to founder of the rights under paragraph 1, shall appoint and determine obmyšleného the achievement of the Trust Fund trustee. If it is a trust fund set up for private purpose, a trustee may exercise that right if the statute determines the range of persons from which to appoint obmyšleného.

(3) appointed person may be granted the right to the fruits or benefits from the Trust Fund or the right to property from the Trust Fund or the shares in them.

 

§ 1458

 

(1) Who is authorized to designate or identify obmyšleného the achievement of the Trust Fund, it shall proceed according to statute and its own discretion. It can change your mind or cancel the conditions specified herein.

(2) No one is authorized to appoint or designate obmyšleného the achievement of the Trust Fund for their own profit.

 

§ 1459

 

Right obmyšleného the performance of the Trust Fund created under the conditions imposed by the Statute.

 

§ 1460

 

(1) If the Trust Fund established for private purposes, the right obmyšleného the performance by the end of a hundred years since the establishment of the Trust Fund, even though the status determined later. Even after a hundred years, however, may be entitled to performance of the appointed person to whom the statute is to get a share of the property by the dissolution of the last rights to the fruits or benefits, as well as the appointed person the man who was a contemporary of zakladatelovým or child of the founder or his contemporary, where, in the status of employment before the death or disappearance obmyšleného with an earlier order that as the next in the order took on the fruits or benefits; for his life may take with him the fruits or benefits other people.

(2) If a trust fund set up for private purposes, ceases obmyšleného right to the fruits or benefits by the end of a hundred years since the establishment of the Trust Fund; in humans, however, such right may last until his death.

 

§ 1461

 

(1) The duration of the trust appointed person has the right to request in accordance with the Statute of the performance.

(2) Beneficiary Trust fund established for the purpose of private rights under paragraph 1 may give a statement made in the form of a public document.

 

§ 1462

 

It was to the right to the fruits or benefits and if no other appointed person to whom such a law could pass, passes to the Beneficiary, to whom belongs the right to property from the Trust Fund.

 

Subsection 4

Supervision of administration of the Trust Fund

 

§ 1463

 

(1) Supervision over the management of the Trust Fund shall be the founder and the person designated as obmyšleného or other persons designated in the Statute.

(2) In cases specified by law supervises the administration of the Trust Fund other person or group of persons or public authority.

 

§ 1464

 

If the Trust Fund established for the benefit obmyšleného that on the day of fond is not yet or that the date that the fund may not be determined, called the founder of a person authorized to supervise the administration of the Trust Fund in order obmyšleného. If this is not possible, or if the founder is idle, such person shall be appointed upon the motion or the administrator of the person having an interest.

 

§ 1465

 

(1) a trustee without delay deliver to the person who has a right of supervision over the management of the Trust Fund under the Act, a notice giving at least the designation, purpose and duration of the Trust Fund and your name and address. Notification is not necessary, if these facts a person authorized to supervise already known.

(2) At the request of the person who has a right of supervision over the management of the Trust Fund, the trustee will control the trust fund documents and submit it requested the statement, report or other information.

 

§ 1466

 

(1) The founder, appointed person or other person who has legal interest in it, the court may propose to svěřenskému administrators imposed an act, or prohibit, or to the trustee or appoint a new appeal. These persons may also call the legal invalidity of conduct which harms the Trust Fund Administrator or the right obmyšleného, ​​however, if acquired by a third party right in good faith, it must not lead to the injury.

(2) The court shall instruct the person referred to in paragraph 1 to the proposal led to the initiation or control interest in the Trust Fund instead of the trustee on his behalf and, if the trustee is idle without sufficient reason.

 

§ 1467

 

Subscription trustee, founder of the appointed person acts or intentional damage to pursuing the rights of creditors of the founder or damage to the Trust Fund, are bound jointly and severally.

 

Subsection 5

Changes to the Trust Fund

 

§ 1468

 

Who will increase the trust property acquisition agreement or in case of death, not its founder. Property so acquired is subject to administration by law and statute.

 

§ 1469

 

(1) The court may, on application of the person on it has a legal interest, decide to revoke the Trust Fund when the achieve the purpose trust is impossible or difficult to achieve, primarily due to unknown circumstances, the founder or the founder of the unpredictable. If it is a trust fund established for public benefit purposes, the court may decide that its original purpose of replacing a similar purpose.

(2) If, in accordance with the original intention of the founder of the Trust Fund to achieve the purpose or benefit from his efforts to change the fund, the court shall adjust status.

 

§ 1470

 

Prior to a decision under § 1469 the court requested the opinion of the founder or his successor, trustee, obmyšleného and the person to whom the administration of the Trust Fund due supervision, unless the applicant.

 

Subsection 6

Termination of the Trust Fund

 

§ 1471

 

End of the period for which the Trust Fund was established, if the purposes for which Trust Fund was established, or, where the court administration of the Trust Fund ends. Was the trust fund established for the purpose of private ends of his administration, even if the Beneficiary waive all rights to payments from the Trust Fund.

 

§ 1472

 

Upon termination of the Trust Fund Administration will issue a trustee of property to the person who is entitled to it. It is understood that the appointed person has the right to property, and if not, the founder of a trust, if not none of them seems to property owned by the state.

 

§ 1473

 

(1) termination of the administration of the Trust Fund established for public charitable purposes because it can not fulfill this purpose, the court shall, on application of the trustee that the property will be transferred to another trust or a legal entity owned by aiming to achieve the purpose that it is possible near the original purpose of the Trust Fund. Before deciding to seek the opinion of the court to whom the administration of the Trust Fund due supervision.

(2) The decision under paragraph 1 shall not be issued, determines the status of the Trust Fund, as it should be the property of the dissolution of the Trust Fund loaded.

 

§ 1474

 

Immersion if a trustee of the dissolution of government property under the Statute, or if issued pursuant to § 1472 property or transfer it according to § 1473, the Trust Fund will cease.

 

TITLE III

Law of inheritance

 

Part 1

The right to inheritance

 

§ 1475

 

(1) the right of inheritance, the right of inheritance or a pro rata share of it.

(2) The estate consists of all assets of the deceased, except the rights and responsibilities linked solely to the person, unless such debt has been recognized or applied for a public authority.

(3) To whom belongs the right of inheritance, the heir and the estate in relation to the heir's inheritance.

 

§ 1476

 

Inherited by succession agreements that will or by law. These reasons may also act together.

 

§ 1477

 

(1) The reference to legatee to issue debt up certain things, or one or more specific kinds of things, or to establish certain rights.

(2) legatee is an heir.

 

§ 1478

 

The heir or legatee can call or legal person who has yet to arise. This legal entity is an eligible heir or legatee, if any, within one year after the death of the testator.

 

Heritage idea

§ 1479

 

Inheritance law the testator's death occurs. Who dies before the testator, or simultaneous with, not inherited.

 

§ 1480

 

Inheritance law, which has still to be incurred can only be waived, can not transfer or otherwise dispose of.

 

Inheritance disability

§ 1481

 

The law of succession is excluded, who commits an act of deliberate nature of the offense against the testator, his ancestor, descendant or spouse or reprehensible act zůstavitelově against his will, in particular by the testator's will to exhibit subtly coerced or seduced, speech defeated the testator's will or its recent acquisition withheld, falsified, or intentionally podvrhl destroyed, unless the testator had expressly pardoned the offense.

 

§ 1482

 

(1) If, at the date of death zůstavitelovy divorce proceedings initiated on the request made by the deceased as a result of the husband commits an act to fulfilling the testator signs of domestic violence, deceased husband is excluded from inheritance rights as the lawful heir.

(2) If a parent has been deprived of parental responsibility because he or she abused her power or the exercise of parental responsibility of his own guilt seriously neglected, is excluded from the inheritance rights of a child under the legal inheritance of succession.

 

§ 1483

 

Descendant of the person who is excluded from the inheritance law, inheritance starts at the legal succession to his place, even if excluded survives the testator. This is not the case provided for in § 1482 paragraph 1

 

§ 1484

Waiver of inheritance rights

 

(1) inheritance rights can be waived in advance agreement with a decedent, unless otherwise agreed, a waiver act against posterity. Who renounces probate law, disclaims the rights to the mandatory part, but who only waives the right to a compulsory part, incorporate engagement with the inheritance rights of succession.

(2) relinquished if one law of succession in favor of another, it is considered that the waiver is valid only if it becomes that person's heir.

(3) The contract takes the form of a public document, the rights and obligations it may be canceled, unless the parties comply with the written form.

 

Refusal heritage

§ 1485

 

(1) The heir has the right to inheritance after the death of the deceased refuse, heir to the contract but only if it is not excluded by contract inheritance. It rejects the heir to the legacy of public policy, may refuse, subject to the inheritance of compulsory work.

(2) The Trustee may declare the heir to the legacy refuses or rejects or accepts the inheritance, only if to do so under a power of attorney expressly authorized.

 

§ 1486

 

If the heir refuses heritage, looking at him as if it never regained heritage.

 

§ 1487

 

(1) Refusal heritage requires an explicit statement to the court. Inheritance can be rejected within one month from the date on which the court notified the heirs of his right to refuse heritage and the consequences of refusal, if the only heir of residence abroad, the time limit for non-heritage three months. If there are important reasons for it, the court deadline for non-heirs heritage be extended accordingly.

(2) the expiry of the refusal of the right to refuse heritage legacy lapses.

 

§ 1488

 

If an heir dies before the deadline for non-heritage, the right to refuse to pass on the legacy of his heir and extinguished before the heirs limit for rejection of the heritage and previous heir.

 

§ 1489

 

(1) refusal of an heir to the legacy of the condition, subject or in part, is the rejection of invalid heritage.

(2) The rejection of inheritance shall be disregarded if he has an heir apparent by his action that he wants to accept the inheritance. Disregard or the expression of will by which the heir to withdraw its statement that it rejects the legacy, or rejects, or accepts that heritage.

 

§ 1490

Renunciation of inheritance

 

(1) The heir to reject the inheritance, it may be before the court in probate proceedings to give to the other heirs, to make meaningful and heir, thus surrendering the right to effective mandatory part for their offspring. Agree to a second heir shall apply mutatis mutandis the provisions of § 1714 to 1720; not agree, however, the waiver of inheritance shall be disregarded.

(2) was the heir to the estate surrendered, weighed down order, regulation or other measure of the reference, which, according zůstavitelovy will can and should only meet in person, does not relieve the obligation to comply with such measures.

 

Part 2

Acquisition in case of death

 

Section 1

General Provisions

 

§ 1491

 

Acquisition in case of death is a will, inheritance contract or postscript.

 

§ 1492

 

Acquisition in case of death could not be shortened nepominutelného mandatory part of the heir to the right of compulsory part renounced and failing even to disinheritance. If the acquisition is contrary to the case of death, shall be a mandatory part nepominutelnému heirs.

 

§ 1493

 

(1) He made the deceased to death when he was in the care facility where they provide health or social services, or when otherwise accepted his services, and called the heir or legatee as a person who manages or such equipment is It employed or otherwise act in it, these people are calling for an heir or legatee is invalid, unless it happened in the form of wills made by a public document.

(2) Could the testator after the care of such equipment or after the time otherwise accepted his services, without difficulty to get in the form of a public document, paragraph 1 shall not apply in respect of invalidity of a will or postscripts.

 

Section 2

Will

 

Subsection 1

General Provisions

 

§ 1494

 

(1) A will is revocable his wishes by which the testator in the event of his death personally leave with one or more persons at least share of the estate, or a link. Unless it is clear which day, month and year will be taken and made more if the testator wills, conflicting or otherwise dependent effects of legal wills to determine the time of its acquisition, it will be invalid.

(2) A will be interpreted so that the most satisfied will the testator. Words used in the will shall be interpreted according to their ordinary meaning unless it is proved that the testator has grown accustomed to associate with certain particular expressions, each its own sense.

 

§ 1495

 

Points if the testator in the will for the contents of another document, it has this other document the same legal effect, if it meets the requirements of a will. Failing is that its contents can only be used to explain zůstavitelovy will.

 

§ 1496

 

The right call is a personal right heir deceased. Testator can not delegate to another heir to the profession, or get together with another person.

 

§ 1497

 

Testator must express its will and certainly not enough to just said the proposal which had been made.

 

§ 1498

Postscript

 

Postscript testator may order link, set legatee or heir condition, or to demonstrate to save time or legatee or heir command. What is said of the will, mutatis mutandis, as well as postscripts.

 

Accrual of the heirs of the estate

§ 1499

 

The heirs of a legacy passed on, if called as the only heir. If the heir who is called zůstaven fraction, the rest falls lawful heirs of the estate.

 

§ 1500

 

(1) If several heirs and summoned units are not intended, shall be entitled to the estate equally.

(2) If several heirs called in so that they are intended for all shares, but the estate is exhausted, are entitled to the remainder of the estate of the legal heirs. The right to have legal heirs, he left when called to the heirs of the deceased apparently the estate, even when listing shares overlooked something or things.

 

§ 1501

 

(1) shall be charged if the testator's heirs called in some of the specific interests and not others, called to be passed on to heirs without estate share the rest equally.

(2) If anything is left, collides with the heir, who was called without a share of total assessed fairly shares so much that he received a share of the heir, who was sentenced to a minimum. If shares of the other heirs of the same, collides with them enough to heirs, which was established without share had share with them the same.

 

§ 1502

 

In all cases where the deceased apparently recalculated, division is performed so that it will deliver its best.

 

§ 1503

 

(1) If there are heirs called to the people regarded in the legal succession sequence relative to the others for one person, being regarded as even one person in the division according to his will, this does not apply if the testator's will probably reverse.

(2) If permitted by the heirs of the deceased without qualification, the group of people, it is considered that the heirs are those who belonged to a specified group at a time zůstavitelovy death.

(3) If permitted by the heirs of the deceased without qualification, the poor or similarly designated group of people, it is considered that the heir was called to the municipality in whose territory the deceased's last domicile, which uses heritage for the benefit of the group.

 

Loose share

§ 1504

 

The share of an heir who has inherited and alternate přiroste and is released in proportion to the shares of the other heirs called in only if they are all heirs to the legacy called either equally, or to signify the general expression level divided by.

 

§ 1505

 

(1) Right to increase not the one who was a zůstaven inheritance share.

(2) If some heirs are called to share and further without such a determination, přiroste loose share to those who are not called to share.

 

§ 1506

 

With a loose succession share shall pass to the person to whom přiroste, limitations associated with it, unless the testator has expressed the wish that these restrictions apply only to the person called upon the heir, or if it stems from the nature of things.

 

Substitution

§ 1507

 

Testator may, for the case that heritage has become the person you called for an heir, call this person an alternate, also alternates may be called more gradually alternates. If permitted by the testator so few substitutes, inherits one that is in the list next to the person who did not acquire heritage.

 

§ 1508

 

Establish the substitution for the deceased in case the authorized person did not want to inherit, or event that could not inherit, it is considered that the substitution was established for both cases.

 

§ 1509

 

Limitations imposed by heirs also affect alternate unless the testator has expressed the wish that these restrictions apply only to the person's heir, or if it stems from the nature of things.

 

§ 1510

 

When called as alternate fellow heirs themselves, it is considered that the testator wanted to share alternate in such proportion that they share heir. However, if a sub called out heirs someone else, then no effect if the testator another will, any mobilization of all share equally.

 

§ 1511

 

(1) It shall come when called heir inheritance, substitution disappear.

(2) If the testator has not reflected the will of another, substitution extinguished by the deceased set up your child at a time when children should not, leaves the child to qualify the descendants inherit. This applies even if the testator set up another substitution to his offspring when he has no descendants.

 

Trust succession

§ 1512

 

(1) A testator may order that the succession is to go after the death of an heir, or in certain other cases to follow the Trust's successor as heir. Occupation for the Trust is regarded as the successor of the profession as a substitute.

(2) If zůstavitelovo of vague to the extent that it is impossible to determine whether the called alternate or successor to the Trust, it is a profession of his deputy.

 

§ 1513

 

If permitted the deceased to his heirs, heirs, forbids the heir to the fortune left by sourced, summons if the heir of someone who at the time of death is not yet deceased, or summons if the heir or the condition for some time, it is considered a Trust establishment of succession.

 

§ 1514

 

If all successors svěřenští zůstavitelovými contemporaries, is not restricted range in which consecutive svěřenští successors to follow.

 

§ 1515

 

(1) When called to trust more successors, some of whom at the time of death of deceased persons as yet exist, trust succession ceases when assets become the first successor trustee of those who were not zůstavitelovými contemporaries.

(2) Trust succession expire no later than the end of a hundred years since the death of the deceased, even if ordered longer. However, if the successor trustee to acquire by inheritance heirs at death zůstavitelovy living at the time of death, the trust terminates only succession, until the first of the successors of trust becomes the inheritance of the heirs.

 

§ 1516

 

Trust terminates the succession when it is no longer trust any of the successors, or, barring the case for which it was established.

 

§ 1517

 

He called the successor of the deceased Trust your minor child and become unfit to take a child after the acquisition capability, succession trust terminates within the mandatory part.

 

§ 1518

 

If the other will clear the testator, trust terminates succession by the deceased set up your child at a time when a child should not, leaves the child if the child is eligible to inherit. This applies even if the testator establish trust another succession to his offspring when the child does not have.

 

§ 1519

 

He called the deceased person's successor Trust, which does not qualify to take to reduce incapacitation, trust terminates succession forever, take this person to purchase eligibility, unless the testator manifested a different intention.

 

§ 1520

 

(1) If the trustee's successor, heir to establish without delay, for his presence in the form of a written inventory of everything acquired by inheritance, indicating therein the date and issue him build svěřenskému successor. At the request of the Trust shall be the successor, heir to the inventory certified.

(2) Trust successor has the right to require the preparation of the inventory in the form of a public document.

(3) Costs to build inventory charged to inheritance.

 

§ 1521

 

If the deceased did not commit the Trust succession of heirs inherited the right to freely dispose of ownership of an heir to what became by inheritance, as well as what became a substitute for destruction, damage or withdrawal from the legacy of things, restricted the rights and obligations of the beneficiary. This does not apply if the matter is disposed of or encumbered heritage in order to meet zůstavitelových debts.

 

§ 1522

 

(1) If the deceased did not commit the Trust succession of heirs the right to freely dispose of inheritance, the heir may alienate or encumber the matter of what came by inheritance, only with the consent of the Trust's successor; agreement takes the form of a public document.

(2) If given the care and diligence necessary thing encumber or dispose of, upon the motion of the heir successor agreement to replace the Trust. If the court decides that the case will be encumbered or disposed of for consideration, determine how to dispose of the proceeds, while taking into account the legitimate interests of the Trust's successor.

 

§ 1523

 

It belongs to the heritage thing bringing the fruits or benefits, the successor trustee request that the court determine the heirs of the method and extent of management or usufruct of things.

 

§ 1524

 

(1) Write to the matter and its owner into a public list, write to the list of public trust and succession. If the matter of succession and trust in the public list written and maintained by the heir of the things that came from the inheritance, stymieing ways limiting the rights of the Trust or the successor, with no successor trustee has agreed that no successor to svěřenskému legal effect.

(2) If the matter of succession or trust placed in public list and maintained by the heir of the things that came from a heritage in a way stymieing or limits on the right successor to the Trust without the Trust to agree a successor, the successor trustee has the right to claim under the provisions of the relative ineffectiveness of the court to declare that no legal proceedings against him heir legally effective.

 

Acquisition disability

§ 1525

 

Not eligible to purchase legally incompetent, unless the cases listed in § 1526 to 1528.

 

§ 1526

 

Who has completed fifteen years of age and has not yet come full incapacitation can take without the consent of legal guardian by a public document.

 

§ 1527

 

Who was the incapacitation restricted so that it is eligible to purchase, may still validly acquire in any form, where it recovered to the extent that it is able to express their own will.

 

§ 1528

 

(1) Who was the incapacitation restricted within the limits can only take the form of a public document.

(2) Who was the incapacitation limited to the addiction to alcohol, use of psychotropic substances or toxins or similar products or obsessive passion for gambling addiction represents a serious mental disorder can take within the limitations prescribed in any form, of not more than half of the estate. The remainder of the estate or statutory heirs, if he would be a legitimate heir to inherit only the state can take the whole testator's estate.

 

Effects of error

§ 1529

 

A significant error caused by the testator invalid provision will, to which it relates.

 

§ 1530

 

(1) An error is substantial, where it relates to persons who leave with something, or interest or things that I leave, or the essential characteristics of things. The properties are essential if it is clear that the testator has not designated in the will as if they was not wrong.

(2) The provisions of a will is valid if it appears that a person or thing was just a misrepresentation.

 

§ 1531

 

Establishes if the will of the testator's just wrong motive, causes invalid provision will, to which it relates.

 

Subsection 2

The form of wills

 

§ 1532

Written form of wills

 

A will must be in writing unless it was taken with relief.

 

Wills made by private charter

§ 1533

 

Who wants to capture in written form without witnesses, writing a will with his own hand and signed her own hands.

 

§ 1534

 

The will, written by the testator's own hand, has his own hand and signed before two witnesses present at the same time expressly declare that the document contains his last will.

 

§ 1535

 

(1) If the testator blind, will appear before the last three simultaneously present in the witness list, which must be read aloud witness who will not write. Testator before witnesses confirm that the document contains his last will.

(2) If the deceased person with sensory disabilities and is unable to read or write, will appear before the last three witnesses simultaneously present in the document, whose content must be interpreted in a special way of communication that you choose the testator, a witness who will not write; all witnesses must know the way of communication, which is the contents of the document translated. Chosen way communication testator before witnesses confirm that the document contains his last will.

 

§ 1536

 

(1) In wills made by a person with sensory disabilities, who can not read or write, we show that the testator can not read or write, who wrote a will, who read it or interpreted and how the deceased confirmed that the document contains his last will. If the content has been interpreted in a special way of communication, shall be indicated in the document, including data which method of communication chosen by the testator.

(2) the Charter and signed by the testator, can not write, § 563 applies mutatis mutandis.

 

Wills made a public document

§ 1537

 

Testator's will can result in a public document. If the shoots will form in this blind person or person with sensory disabilities, who can not read or write, the § 1535 accordingly.

 

§ 1538

 

Who schedules a public instrument of the will, make sure the speech will last done with care, seriously and without compulsion.

 

Witnesses wills

§ 1539

 

(1) Witnesses will attend wills in such a way that they were able to confirm that the deceased and the customer are one and the same person. Witness his signature on the deed containing a will, usually connected to the signing of a clause referring to his property as a witness and information whereby it can be determined.

(2) a person can not witness legal guardian, or person who is not educated language or mode of communication in which the act is.

 

§ 1540

 

(1) The heir or legatee is not qualified to testify about what I leave with him. The same is not eligible to be a witness to a person close to the heir or legatee, or heir or legatee employee.

(2) The provisions of wills made in favor of a person referred to in paragraph 1, requires that the testator wrote his own hand, or to confirm the three witnesses.

 

§ 1541

 

The provisions of § 1540 also apply to those whom he called the deceased executor or who wills to act as a writer, readers, interpreter or public official.

 

Relief in wills

§ 1542

 

(1) Who is a sudden event in marked and immediate threat to life, has the right to make a will orally present simultaneously before three witnesses. The same right is also the one who is in a place where ordinary social intercourse is paralyzed due to an emergency and can not reasonably be required after that took a different form.

(2) failing to produce the witnesses zůstavitelově record of a will, inheritance will cause a sequence of protocol on judicial questioning of witnesses.

 

§ 1543

 

If a reasonable concern that the deceased died before he could make a will in the form of a public document, it can record his last will and testament mayor in whose territory the deceased found in the presence of two witnesses. Under the same conditions, a record zůstavitelovu last will and one who is under other legislation is entitled to exercise the powers of the mayor.

 

§ 1544

 

(1) If a testator for good reason, the on board naval vessels flying the national flag of the Czech Republic or an aircraft registered in the aircraft register in the Czech Republic recorded zůstavitelovu last will and testament in the presence of two witnesses, commander of the naval vessels or aircraft, or his representative, if he does not care about the safety of navigation or flight. The validity of a will can not be denied that the deceased was not of the will to reason.

(2) If the will is taken pursuant to paragraph 1 on board

a) the owner, the master record in the logbook and will without undue delay forward Embassy of the Czech Republic, which is the closest port in which seagoing vessel arrives, or a public authority with which the seagoing vessel registered in the maritime register,

b) aircraft, the master record in the logbook and testament shall without undue delay, Embassy of the Czech Republic, which is nearest to where the plane landed abroad, or a public authority in which the aircraft is on the aircraft register.

 

§ 1545

 

(1) When participating in an armed conflict and military operations can record the last will of a soldier or other person belonging to the armed forces military unit commander of the Czech Republic or another soldier with the rank of officer or higher in the presence of two witnesses. If the steps taken will not be denied its validity.

(2) wills made under paragraph 1 shall surrender the master shall without undue delay, the senior commander headquarters, where, without undue delay to the Ministry of Defence of the Czech Republic.

 

§ 1546

 

If the will is taken under § 1543, the municipality shall arrange without delay its deposit in escrow. If the will is taken under § 1544 or 1545, will arrange the same office, which will be forwarded.

 

§ 1547

 

(1) He made the testator under § 1543, 1544 or 1545, required that the person issuing the alert, it also signed with two witnesses and the testator in the presence of two witnesses and read to the testator confirmed that it is a manifestation of his will . Way of the will is considered a public document.

(2) If in the preparation of a will under § 1543, 1544 or 1545 for violation of the necessary formalities, particularly in the absence on the list of signatures of witnesses present, although it is required, but it is nevertheless certain that the instrument reliably recorded zůstavitelovu last will, invalidity does not affect wills such instrument but not a public document.

 

§ 1548

 

(1) When making a will can be a relief to witnesses and persons who have reached fifteen years of age, and persons who were limited in incapacitation, they are capable of credibly describe the facts relevant to the validity of wills.

(2) If taken with relief will not prejudice the validity of her that she did not sign the testator or a witness because he could not write, or another serious obstacle, if it is expressly stated in the document.

 

§ 1549

 

If the deceased alive, will cease to be valid under § 1542 taken within two weeks and under § 1543, 1544, 1545 or within three months from the date of acquisition. This time, however, nepočnou run or not run until the testator can not make a will in the form of a public document.

 

§ 1550

Secrecy

 

Who worked on the acquisition of a will or other legal proceedings to which the law requires for such requirements will, as a writer, a witness, readers, interpreter, Broker or public official shall maintain the confidentiality of content zůstavitelovy will, unless the other will clear the testator; violates this obligation, the testator redresses the injury caused by him.

 

Subsection 3

Secondary clauses in wills

 

§ 1551

 

(1) A testator may indicate a condition in the will, proof of time or order.

(2) When a by-clause only for the obvious harassment heir or legatee of the apparent arbitrariness zůstavitelovy disregarded her. Disregard for or by endorsement, which is manifestly contrary to public policy or is incomprehensible.

 

§ 1552

 

Disregard clause by which the deceased heir or legatee stores to close or not close marriage, or that remained in the marriage or the marriage annulled. Testator may establish a right for someone than get married.

 

Executor

§ 1553

 

(1) A testator may call executor of wills and possibly determine what the duties and whether and how it will be rewarded.

(2) If the court when dealing with heritage that has been called an executor, it shall inform him about it. Executor may at any time resign from office, resignation is effective when it comes to court.

 

§ 1554

 

(1) an executor to ensure proper compliance with the testator's last will and due diligence. He belongs to all the rights necessary to carry out its task, including the right to defend in court the validity of wills, plead incompetence heir or legatee, and not care about meeting zůstavitelových instructions.

(2) not called if the testator's estate administrator, executor of the estate belongs to the administration of the estate until the court decides on a different measure. Provisions relating to the estate administrator executor shall apply mutatis mutandis, if it was called a public document, otherwise shall apply mutatis mutandis.

 

§ 1555

 

In opposition to the position of occupational invalidity executor may exercise their rights and fulfill their obligations to the decision that the speech will zůstavitelovy not valid if the court does not make other arrangements.

 

Estate manager

§ 1556

 

(1) A testator may call the estate administrator or any part thereof (hereinafter referred to as "estate manager") and possibly determine what the duties and whether and how it will be rewarded. Occupation estate manager takes the form of a public document.

(2) Speech by the will, the estate manager who was called, may be withdrawn in the same way will be deleted.

 

§ 1557

 

Administrator assume the administration of the estate, if he knows that he was called as soon as they hear about zůstavitelově death. If the court until he was called to the estate administrator shall inform him about it.

 

§ 1558

 

He called the executor, administrator manages the estate of his instructions, and their mutual rights and obligations shall be assessed under the provisions of the order.

 

§ 1559

 

Estate administrator may at any time resign from office, resignation is effective when it comes to court.

 

§ 1560

 

Should the executor or administrator of the estate of his duties seriously, if not able to properly perform his duties or is it for another serious reason, it appeals court's own motion.

 

Conditions

§ 1561

 

If the condition is directed to conduct an heir or legatee, that it may be repeated, must be re-executed after the death of the testator, even though it happened already zůstavitelova for life, unless other obvious will of the testator.

 

§ 1562

 

The acquisition of what was zůstaveno with a suspensive condition, it is necessary that the person to whom this was something zůstaveno, survived the testator and was eligible to inherit.

 

§ 1563

 

(1) is awarded to someone right impossible with an expiry condition, disregarded her.

(2) The provisions of the will, which gives anyone the right to swap an impossible condition is void.

 

Proof time

§ 1564

 

Cutting someone deceased, accompanied by the right time and it is not certain whether the time comes, the right for zůstavené conditioned.

 

§ 1565

 

If time is determined so that the decisive moment has come, passes zůstavené unconditional right like other rights and to the heirs of that person, which was as follows zůstaveno.

 

§ 1566

 

It is not certain that the time measured in the will can never occur, consider this time as proof of the condition impossible. However, if there be no doubt that the testator in the determination of the time just wrong, decisive moments are determined by its likely will.

 

Special Provisions

§ 1567

 

(1) Until the subsequent right to remain displaced heir, when the condition occurs or until documented time is the right heir to the front, which accounted for Heritage, as the right beneficiary is limited to the provisions of § 1520 to 1524 shall apply mutatis mutandis.

(2) Heir, whose law was postponed regulation conditions or evidence of time, become what he was zůstaveno, with the obligation to contribute fairly to the heirs of the front, he filled the zůstavitelovy nepominutelnému debts or heirs to the mandatory part.

 

§ 1568

 

He was summoned to the front and subsequent legatee, the § 1567 accordingly.

 

Command

§ 1569

 

(1) if it remains something to someone deceased connection command, then the command as an expiry condition, so zůstavení frustrate law, unless the command is executed, unless the testator another will appear.

(2) The prohibition of theft or committed obtíženého load only if it is directed at a reasonable time and for reasons of serious concern worthy of legal protection, or upon the motion obtíženého decide to disregard the ban. If the prohibition was written into the public list, laden with the request that the court set aside the ban, the proposal does not comply with the court, unless it is proved that the interest in lifting the ban apparently exceeds its interest in conservation.

§ 1570

 

If you can not exactly fulfill the command, let him be satisfied at least to some he was satisfied as possible. If you can not it difficult to command a person belongs, what she was zůstaveno, unless the testator manifested a different intention. Who did, however, unable to fulfill the command, knowing that frustrate him by, loses what he was zůstaveno.

 

§ 1571

 

The right to enforce the order, in addition to the person to whom the statement is to gain, the executor or other person to do in the will called up.

 

§ 1572

 

(1) if the order is directed to benefit more people, without further specification, click osoba difficult to meet the legal person authorized to protect the interests of such persons. If more of such legal entities and is not an obvious other zůstavitelova will, a person has a difficult choice command, it fails if without undue delay, the court shall determine the person entitled to the proposal of the person on it has a legal interest.

(2) if the order is directed to public benefit, may enforce compliance with the order and the relevant public authority.

 

§ 1573

 

Speaks to the deceased for the purpose for which it leaves something to someone, but not impose an obligation for that purpose left things to use, look at his speech as an option will not legally binding.

 

§ 1574

 

The provisions which the deceased heirs or legatee orders threatening the loss of any benefits that contradicted the will has no legal effect, if only resistance against the authenticity of the will or the interpretation of its meaning.

 

Subsection 4

Cancellation of wills

 

§ 1575

 

(1) A testator has the right individual will or its provisions at any time.

(2) A will be deleted reference to acquisition or later will.

 

§ 1576

Acquisition of new testament

 

Subsequent acquisition of the earlier wills will be canceled in so far as it can not stand next to the later wills.

 

Revocation of wills

§ 1577

 

The explicit appeal to the will requires expression of the will made in the form prescribed for the acquisition of a will.

§ 1578

 

(1) The appeal shall be subject to the will silently destroy the documents on which the will was written. If the testator destroys only one of several copies of wills, it can not be assumed to have its appeal.

(2) violated the Charter of the deceased in another way, or not renew the will, although he knows that the document was destroyed or lost, it will be canceled, it follows from the circumstances of the deceased undoubtedly the intention of revocation.

 

§ 1579

 

(1) If the will is taken in the form of public documents, the testator has the right to request at any time, so it will have been issued, will be issued only testator personally. If you go to the testator will be deemed to be withdrawn; learn about the deceased, who gave his last will and testament of appeals also issued guidance notes on the document in its statement.

(2) If the will is placed in official custody, the testator has the right to demand her release, release the will has no legal consequences under the second sentence of paragraph 1

 

§ 1580

 

If the testator revokes a will later, but keep the former, it is considered that the former will remain in force and looking at it as if it was not canceled.

 

§ 1581

Ineffective revocation clause

 

If the testator declares to be invalid all his next purchase in the event of his death, or that such acquisition shall be void, which will be set up in some form, to disregard it.

 

Section 3

Inheritance Contract

 

§ 1582

 

(1) testate succession agreements calling the other party or third person for an heir or legatee and the other party accepts it.

(2) Inheritance agreement takes the form of a public document.

 

 

§ 1583

 

What's in this section of the contractual heir, also apply to contract legatee.

 

§ 1584

 

(1) may conclude a contract of inheritance deceased adult who is fully Every competent, if the testator in incapacitation limited inheritance may enter into an agreement and commitment to change it with the consent of a guardian.

(2) inheritance, the parties may enter into an agreement and commitment from the only change personal behavior.

 

§ 1585

 

(1) contract of inheritance can not take the whole estate. A quarter of the estate must remain free to the deceased, it could take a particularly manifested by their will. If the testator wants to leave the Party and the heirs of this quarter may do so wills.

(2) Who was the incapacitation limited to the addiction to alcohol, use of psychotropic substances or toxins or similar products or obsessive passion for gambling addiction represents a serious mental disorder, it may take just a contract inheritance property, which is eligible to make a will. This property is calculated quarter by its acquisition of dedicated specifically manifested will.

 

§ 1586

 

If the inheritance contract with that other heirs renounce their birthright, loses a waiver of inheritance effects, do not inherit the heir called to the inheritance contract.

 

§ 1587

 

The conditions in the agreement of succession applies § 548 and 549th

 

§ 1588

 

(1) Inheritance agreement does not prevent the testator to dispose of his property during his life at will. Unless otherwise agreed, can the heir party called to transfer their right to another person.

(2) Take a However, if the testator in the event of death or close to a deed of gift so that the inheritance contract is not compatible with the contractual heir may call the ineffectiveness of these legal actions.

 

§ 1589

 

(1) agreement between the parties that the testator transfers property to the heirs of the contract already in his lifetime, the property can be written in the form of a public document. In this case, if the testator does not transfer all their property, or obtains a transfer for other property, the inheritance tax treaty applies only to property written as follows, unless stipulated otherwise.

(2) Where there is surrender while still alive, the rights and obligations under the agreement of succession to the heirs of heirs of the contract, unless stipulated otherwise.

 

§ 1590

 

Its obligations of the deceased estate may cancel the contract and the acquisition will. The effectiveness of the abolition of the contract requires the consent of heirs made in the form of a public document.

 

§ 1591

 

Inheritance agreement invalid for lack of form or invalid for failure to fulfill the conditions in § 1584 and 1585, or because it satisfies the provisions of contracts under Part Four of this Act, may yet force the will, if all other requirements of a will.

 

Special provisions on inheritance contract between spouses

§ 1592

 

(1) Spouses may enter into a succession agreement under which one calls the other side of the heir or legatee, and the other party accepts the profession, or is this the heir or legatee as calling the other.

(2) Such a contract may be available in case of marriage, spouses and close, but the contract will become effective until after the marriage.

 

§ 1593

 

(1) divorce does not interfere with the rights and obligations of the agreement of succession, inheritance contract unless designated otherwise. After the divorce, each party can claim to inheritance, the court dismissed the contract. The court does not comply with the proposal, if directed against any person who was not caused by disruption of marriage and divorce disagreed.

(2) Statement marriage cancel out the rights and obligations of inheritance contract, unless such marriages already terminated by death of one spouse.

 

Part 3

Link

 

Section 1

General Provisions

 

Establishment of reference

§ 1594

 

(1) establish a reference to the deceased so that purchase orders for the death of a person that issued the legatee object reference. Legatee can only be qualified to inherit. If permitted by the deceased heir to the determination that he does not inherit a thing, it is considered a reference to the establishment of the legal heirs.

(2) The donation is conditional on the donor survives the donee shall be considered as a reference if the gift giver did not give up the right to appeal.

 

§ 1595

 

The link can take to establish a person capable of wills. Can take incompetent testator of his property only to refer to other items of small value.

 

§ 1596

 

Testator can also leave heirs or spoludědicům preferred link, with respect to this reference will be considered as odkazovníci.

 

Laden reference

§ 1597

 

Links seem to be borne by the heirs of all proportion to their share, and even if it has been bequeathed thing belonging to one of the heirs. This does not apply if the testator specifically meet the orders of the reference individual heirs or legatee.

 

§ 1598

 

Each of the heirs of the value must be less than one quarter inheritance links unloaded. When loaded with more deceased heir, the heir has the right to a proportional reduction of the link.

 

§ 1599

Pododkaz

 

(1) command if the deceased legatee meet another link, legatee shall not relieve the obligation to meet the next link or the fact that the value exceeds the reference for further reference.

(2) will not hold if the legatee link, another link to meet the one who fell reference. This obligation shall be relieved, passes on a link, which fell to him, the person who was next link zůstaven.

 

§ 1600

 

Deceased, who remembers a reference to a specific group of people such as relatives or particularly poor, or the community, charitable or similar purpose, can leave heirs or someone else to determine how and which of those persons or purposes to be divided by. Save where the testator about it, my choice of heir. If he can not exercise the option heir, legatee determined by the court.

 

§ 1601

Substitution for references

 

Testator may order substitution of the reference to trust or succession. In such cases shall apply mutatis mutandis the provisions of § 1507 to 1524.

 

The withdrawal of the reference

§ 1602

 

It is considered that the reference was removed when the testator

a) would destroy the thing, or disposes, and again it has become,

b) would change the thing in such a way that it is already another story, or

c) would claim recovered and selects.

 

§ 1603

 

It is considered that the reference was withdrawn when the matter came referenced by another person or if it was willed thing altered or destroyed outside the will of the testator. This is true even when compared to the testator if the debtor is referenced claim on its own initiative.

 

Section 2

Special rules for particular kinds of links

 

Subsection 1

Link a certain type of things

 

§ 1604

 

(1) In the case of a reference type, if such things in the estate, have a difficult person by reference to the matter will be issued legatee. However, they must choose such a thing, you will be able to enjoy the legatee.

(2) Leave the legatee is to think of several things he chose to choose well the best thing.

 

§ 1605

 

(1) In the case of a reference type, but the estate is not a valid reference. Refer to the deceased a few things a certain type and if there are no specified amount in the estate, the legatee is satisfied with those in the estate are.

(2) Neodkáže However, if the testator expressly thing certain type of your property and if such a thing in estate, bear it difficult to link a person legatee in quality and reasonable personal circumstances need legatee.

 

§ 1606

 

(1) A testator may appoint another person to choose which of several things to get a legatee. Failure to exercise the option if the person, the court shall determine a reference with regard to personal circumstances and the need legatee.

(2) The court shall also link when legatee not exercise an option that was left to him, within the period specified on the application difficult to reference person.

 

§ 1607

 

Reference person of money committed to their heavy with reference to payment, whether cash in the estate are or not.

 

Subsection 2

Link certain things

 

§ 1608

 

In a repeated reference to certain things in one or more provisions of the legatee has the right to referenced matter and its price at the same time. Other links, even if they contain the same kind of thing or the same amount of money belonging legatee, are repeated many times.

 

§ 1609

 

The reference case, which at the time belonged to the legatee of the will not be considered. When it came later, he paid the usual price of a thing, if it had not free himself from the deceased,, the reference was removed.

 

§ 1610

 

(1) Disregard the reference to foreign things do not fall either the testator or the heir or legatee, who has to give to someone else. If they are reliant on that person or the right proportion of things, such reference concerns only the interest or rights.

(2) If the testator ordered that foreign thing to be bought and given the legatee, but the owner wants to sell it at market value, it is worth the price legatee.

 

§ 1611

 

Stop loading or other dependent things affect the recipient as a link failure.

 

Subsection 3

Link claims

 

§ 1612

 

In reference to claims by the deceased belongs to someone else, forward this reference person burdened with debt and securing it if necessary accessories legatee, he shall issue the necessary documents regarding the claim and tells him everything is the claim against the debtor needed.

 

§ 1613

 

Reference to any debt includes all debts, while the establishment of a lasting legacy, but not claims arising from securities and passbooks or debts encumbering immovable property and debts arising from the right material.

 

§ 1614

 

Link claims that the testator as legatee, heavy with a person committed to legatee issued receipts or IOU returned.

 

§ 1615

 

The waiver does not apply to debts incurred after the establishment of the link. Pardons If the reference security for a debt that still does not follow from that debt was waived. Extended only if the payment period will not generate more interest waiver.

 

§ 1616

 

(1) Reference debt that has to pay the deceased legatee, has the legal effect that the person committed heavy with reference to recognize the debt which the deceased expresses definitely prove or legatee, and pay it by the deadline for fulfillment of the other links without regard to the conditions and deadlines, which is laden negotiated a decedent.

(2) He orders the deceased to claim odkazovníkova was arrested, he must be given sufficient certainty.

 

§ 1617

 

Refer to the deceased to someone the same amount that they owe it to him alone, it is considered that the reference did not satisfy the debt. Legatee receives a reference debt.

 

Subsection 4

Other links

 

§ 1618

Link to children and relatives

 

Children means only the sons and daughters if the testator to remember someone else's children. If this is not a testator's own children, this means entering the descendants and their place.

 

§ 1619

 

Even if other links than under § 1594 to 1618 shall apply mutatis mutandis § 1503rd

 

Section 3

Acquisition of the reference

 

§ 1620

 

(1) legatee acquires the right to link him and his successor the testator's death.

(2) The right to link, which has still to be incurred, § 1480 applies mutatis mutandis.

 

§ 1621

 

(1) would become a matter of legatee way to take ownership.

(2) If, the right to link, the legatee may claim dependent release things. Write to the thing willed in the public list, replace the declaration of the asset executor, otherwise difficult person with a notarized signature, unless the maturity of the reference postponed, the legatee shall be entered into the public list, right after the testator.

 

§ 1622

 

Before the death of the testator's legatee can not link right to convert or get it on.

 

§ 1623

 

Declares the legatee manner as is provided for non-heritage, that link does not want to look at him as if he never regained the link.

 

§ 1624

 

(1) Reference of individual items from the estate of reference and rights relating to such things may be required immediately. This also applies to link smaller rewards for employees and community links, and similar charities. Other references are payable for the year after the death of the testator.

(2) The provisions of paragraph 1 shall apply, unless other obvious will of the testator.

 

§ 1625

 

When you reference individual case belongs legatee of the due date of the reference fruits and benefits and everything will be added to the point, including the rights associated with the case. From that day affect legatee and defects in the dependent case, as well as its deterioration or destruction arising from facts for which no one answers.

 

§ 1626

 

(1) In reference to benefits payable yearly, monthly, or otherwise acquires the right to the legatee the amount that falls on all the time, live to see if its beginning, but the installment becomes payable at a specified time to maturity.

(2) The maintenance of the reference shall apply mutatis mutandis § 922nd

 

§ 1627

Právo legatee to ensure

 

(1) In reference to refill or link, the performance is still not possible to claim due to the statutory period or due to time or condition for the testator, the legatee to the person difficult to link the right to provide adequate security. This does not apply if it is clear that protection is not needed.

(2) Otherwise, the legatee to the person difficult to reference the same rights as any other creditor.

 

Loose link

§ 1628

 

(1) If the legatee can not accept or reject a link if it falls sub link. If the sub and if all reference to a few people remembered either without specifying the shares, or a general term, meaning divided by straight, there will share a relatively relaxed other shareholders.

(2) If the legatee zůstaven a share, is allowed to increase under paragraph 1, unless the testator's apparent intention to leave the link listed odkazovníkům and that determination would not share anything other than restrict legatee.

(3) In other cases, the duty to fulfill the link expires.

 

§ 1629

 

Who benefits from the release of a link or that link to meet the obligation ceases, and this affects the burden associated with the link. This does not apply if it is just a personal reference person acts initially difficult.

 

The rights of the heirs vyhradivšího list

§ 1630

 

(1) If the net estate links so burdened that it is almost exhausted and heir exercised its right under § 1598, the only heir entitled to reimbursement made subject to references and appropriate compensation for their effort. Failing payment of the estate, the cost of the compensation in proportion to the value odkazovníci links and the heir to secure his right to a lien reliant subjects, without adequate protection is not required heir to handle links.

(2) However, if the legatee link already received the rebate is made according to the value to that of the reference at the time of admission, and the benefits already gained from it. Legatee from the obligation of the contribution that issue with the link benefits the heirs or their price. In other respects the legatee to look like an honest holder.

 

§ 1631

 

(1) Failing net estate to cover all debts and other mandatory spending, the references shall be reduced proportionately.

(2) Failing the net estate to carry out all references to satisfy themselves before all other reference provision, education and nutrition, other links are reduced proportionately.

 

§ 1632

Compliance with a will the estate administrator

 

Unless an executor and heir does not want to pay last will meet your time and effort, the court on his proposal for that purpose appoint an administrator of the estate, or store managers meeting will last no longer who is called inheritance.

 

Part 4

Legal succession

 

§ 1633

 

(1) Where there is no succession by inheritance or contract under a will, there is a sequence of legal heir to the estate or part thereof. If the legal heir, or not take the inheritance, they become heirs according to the proportion odkazovníci value of its links.

(2) Who came heritage because the heir to an inheritance or sub contract drafted wills or inherit not or would not, meet the rest of the testator.

 

§ 1634

Escheat

 

(1) does not inherit if no lawful heir by inheritance or succession, the case of actual state and the state is regarded as if it was lawful heir, but the state has no right to refuse the inheritance, or the right on the link under § 1594, paragraph 1, third sentence.

(2) against persons other state has the same status as heir, which suggests reservation inventory.

 

§ 1635

The first class of heirs

 

(1) In the first class heirs inherit zůstavitelovy children and husband, each of them equally.

(2) does not inherit some of the child, take his share of the inheritance of his children equally, as does the distant descendants of that ancestor.

 

§ 1636

The second class of heirs

 

(1) If the testator does not inherit the offspring inherits the second class husband, the testator parents and those who lived with the deceased for at least one year before his death in the same household and who for this reason, care for common household or were dependent on the deceased.

(2) second class heirs inherit equally, husband always at least half of the estate.

 

§ 1637

The third class of heirs

 

(1) If the spouse does not inherit, nor any of the parents, in the third class inherit equally testator siblings and those who lived with the deceased for at least one year before his death in the same household and who for this reason, care for common household or were dependent nutrition for the deceased.

(2) does not inherit any of the siblings of the deceased shall take his share of the inheritance of his children equally.

 

§ 1638

The fourth class of heirs

 

Do not inherit if no heir in the third grade, fourth grade inherit equally deceased grandparents.

 

§ 1639

The fifth class of heirs

 

(1) does not inherit any of the heirs of the fourth class inherit only in the fifth grade parents deceased grandparents. Grandparents zůstavitelova father seems half the inheritance of maternal grandparents zůstavitelovy second half. Both pairs of grandparents are divided equally in half, which seems to them.

(2) do not inherit the individual member of the pair, the other falls vacant eighth member. If the couple do not inherit, or that the second quarter of the same pair of parties. If neither inherited a pair of the same party, the case of actual pairs of the other party in the same proportion as they share half the inheritance, which seems to them directly.

 

§ 1640

The sixth class of heirs

 

(1) does not inherit any of the heirs of the fifth grade, sixth grade inherits the children of siblings of children deceased grandparents and children of deceased, each equally.

(2) does not inherit any of the children's grandparents deceased, his children inherit.

 

§ 1641

Several of kinship

 

If someone is deceased relative from more than one party on each side of the law of succession, which would have belonged to a relative on this side.

 

Part 5

Compulsory part

Offsetting part of the compulsory share of inheritance and

 

Section 1

Meaningful heir

 

§ 1642

 

Nepominutelnému heirs of the estate belongs to the mandatory part.

 

§ 1643

 

(1) public policy, children are heirs of the deceased and to inherit, then they are their descendants.

(2) If a meaningful heir a minor, he must get at least as much is three-quarters of its legitimate share of the inheritance. If a meaningful adult heir, he must get at least as much is quarter of its legal share of inheritance.

 

§ 1644

 

(1) Compulsory zůstaven part may be in the form of share of the inheritance or legacy, but it must be completely unloaded nepominutelnému heirs.

(2) C of the deceased, which limit the mandatory part, shall be disregarded. It remains to be heirs nepominutelnému more than a mandatory part, subject to such regulations, made the acquisition of the deceased in case of death, only the part that exceeds the mandatory part. This does not apply if dies before the testator's heir meaningful, if not inherited or for another reason.

(3) A testator may also save nepominutelnému heirs to decide for what I leave him with restrictions or a mandatory part.

 

§ 1645

 

Who renounced inheritance or compulsory work, who is ineligible or who inherit the deceased was disinherited, the right to a compulsory part does, but in calculating the mandatory parts of the other heirs to him just looks as if the law of succession has not been excluded.

 

Section 2

Disinheritance

 

§ 1646

 

(1) For legal reasons can nepominutelného vyděděním heir of his statutory right to exclude part or in its shortened his right. Testator may disinherit nepominutelného heir

a) he has failed to provide needed emergency assistance,

b) the testator does not show real interest in what would be manifest,

c) has been convicted of an offense committed under circumstances which indicate its perverse nature or

d) leads a dissolute life permanently.

(2) A testator may disinherit nepominutelného and heir, who is ineligible to inherit, and is therefore excluded from the succession law.

(3) if it survives the testator disinherited offspring, or offspring do not inherit vyděděného child, unless the testator another will appear. Not live to see if the testator disinherited scion of death, his descendants inherited, except those who are self excluded from the right of inheritance.

 

§ 1647

 

Testator may disinherit nepominutelného and heir, who is so indebted, or is acting so lavishly that there is concern that the offspring does not retain its mandatory part. Make it may just so that everything remains the mandatory part of the children nepominutelného heirs or, failing them, their descendants.

 

§ 1648

 

Save where the testator reason for disinheritance has a meaningful right to compulsory heir part, unless it proves to be legitimate reasons for disinheritance.

 

§ 1649

 

(1) Declaration of disinheritance can be done, or you can modify or cancel the same way that acquires or cancels a will.

(2) In the same way, the testator said of one of the heirs rather than absolute bar, which shows a sequence of legal inheritance that comes into the estate.

 

Section 3

Protection nepominutelného heir

 

§ 1650

 

Meaningful disinherited heir has the right to invalidly mandatory part, if it was reduced to a net value of the compulsory part, has the right to its completion.

 

§ 1651

 

(1) The right to a compulsory part of public policy and the heir of the testator which was known to be alive, and yet it omitted in the will.

(2) If the guilty person who was not overlooked by mistake, something that fulfills the legitimate reasons for disinheritance, looking at this as an omission made in silence and disinheritance by law.

 

§ 1652

 

Can meaningful if the heir to his omission comes only from the fact that the acquisition of the deceased to death of him did not know such heir is entitled to a compulsory part of what it has under the law.

 

§ 1653

 

He was the heir meaningful shortened or omissions contribute odkazovníci heirs and their rights to settle fairly.

 

Section 4

Calculation of compulsory work

 

§ 1654

 

(1) meaningful heir is not entitled to a share of the estate, but only on the amount of money equal to the value of its mandatory part. Where, for the heirs to the particularly serious reasons and if it can be on its own motion heirs reasonably require, the court may authorize the repayment of part or mandatory suspension of his maturity; claim, however, bear interest from the date on which it was originally due.

(2) Paragraph 1 shall not prevent the meaningful heir agreed with the heirs of a will or inheritance contract otherwise reduced if the rights of other creditors, however, the agreement is ineffective against them. If during the probate proceedings agreed that instead of paying nepominutelnému heirs of the estate thing issues registered in the public list, write to the heir to a meaningful public list right after the testator.

 

§ 1655

 

(1) to establish a mandatory part of the assets in the estate and shall prepare estimates, the testator's debts and deficiencies, which were losing the property at the time of death zůstavitelovy is deducted from equity. When calculating the compulsory part of the estate plus what is included in the mandatory part under § 1660 and the 1661st

(2) has a meaningful right to be heir to an estimate, ask questions, and comments apply.

 

§ 1656

 

Compulsory part down without regard to links and other defects arising from the acquisition in case of death. Pending the appointment of a compulsory heir meaningful part is quite involved in the profit and loss of inheritance. Who has the right to a compulsory part, has the right to bill pro rata share of the profit and loss from the death of the testator's estate to determine the mandatory part.

 

§ 1657

 

If you agree meaningful heir heirs surrender and approved by the court agreement, the provisions of § 1655 and 1656, apply.

 

Section 5

Offsetting part of the compulsory share of inheritance and

 

§ 1658

 

Offsetting part of the compulsory share of inheritance or the obligation does not release anything unless it is a case under § 2072nd

 

§ 1659

 

Taking into account the expected value of what was provided and what is subject to counting, according to the time of submission. In exceptional cases the court may decide otherwise.

 

Offsetting part of the mandatory

§ 1660

 

(1) The compulsory part is set against anything meaningful heir of the estate actually came zůstavitelovým reference or other measures.

(2) The mandatory part is counted and what meaningful heir of the deceased received free of charge in the last three years before his death, unless the testator orders to be carried off for a longer period; In addition, the offspring counted and what the testator's free received dědicův ancestor. Including but not include the usual donation.

 

§ 1661

 

(1) The compulsory part of the child is counted what the testator gave his life for the relief costs incurred in setting up separate households, with the foundation of marriage or cohabitation, or the like with the advent of the commencement of occupation or business; the mandatory part and it will be counted what the deceased used to pay debts of an adult child. It happened to do so before the last three years before zůstavitelovou death, they shall be included if the testator notice to the contrary.

(2) offspring who enters the place of his ancestor, is set against the mandatory part and what follows from the testator got his parents to enter the site.

 

Credited against the inheritance share

§ 1662

 

Inheritance shares are calculated as a mandatory part.

 

§ 1663

 

In sequence acquisition by the heirs in case of death or legal succession sequence, counting the share of inheritance will only ordered if the testator sign the will made in the form prescribed for the acquisition of a will.

 

§ 1664

 

The court may be offset to the share of inheritance, even if it did not command the testator, if it was meaningful heir would otherwise unreasonably disadvantaged, to the usual donation shall be disregarded.

 

Section 6

The right of certain persons on provision

 

§ 1665

 

Who would otherwise be public policy heir, but is not entitled to a compulsory part, has the right to necessary food, if he receives it and is unable to feed himself, so can not get out of the estate more than it did his compulsory part. The right to food, however, not necessary the one to inherit the place of his descendant, or if his descendant on his site called for mandatory work.

 

§ 1666

 

(1) The surviving spouse has the right to good nutrition from the estate for six weeks after the death of her husband. If a pregnant widow, has the right to decent food until the end of the sixth week after birth, has the same right zůstavitelova mother of the child, who was married to the deceased.

(2) If the surviving spouse a statutory share of inheritance denied or reduced, the surviving spouse must be entitled to pension until remarriage, if it otherwise lacks such a provision and is unable to feed himself, so can not get out of the estate more than what would amount to half of its legal share of inheritance. The right to necessary provision, however, does not belong to her husband, who did not share the good reasons for the deceased family household, spouse or unfit to be the heir husband, who renounced his heritage or refused.

(3) If it were right to decent food under paragraph 1 shall be reduced right to food required by § 1665, to shorten all of those rights so that all eligible received well. Necessary provision in paragraph 2 can not be provided to shorten it would be right for the necessary maintenance in accordance with § 1665th

 

§ 1667

 

The surviving spouse takes ownership of chattels which are an essential family household equipment, although not an heir. This does not apply if the surviving spouse without good reason did not share a household with the deceased family.

 

§ 1668

 

(1) If the surviving parents share legal inheritance denied or reduced, the surviving parent is entitled to necessary provision, if it otherwise lacks such a provision and is unable to feed himself, so can not get out of the estate more than they would be at third of its legal share of inheritance. The right to be unfit parents belong provision be heir, parents who renounced inheritance or is refused, or a parent who committed the act of founding reason for disinheritance.

(2) Necessary provision can provide parents, contracted to be the right to necessary maintenance according to § 1665th