Law No. 40/1964 Coll. Civil Code

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(Effective from 1 January 2013 to 31 December 2013)

ACT

40/1964 Coll.

The Civil Code

Act No. 58/1969 Coll., Act No. 131/1982 Coll., Act No. 94/1988 Coll., Act No. 188/1988 Coll. Act No. 87/1990 Coll.

Act No. 105/1990 Coll., Act No. 116/1990 Coll. Act No. 87/1991 Coll., Act No. 509/1991 Coll.

consolidated by Law No. 47/1992 Coll., Act No. 264/1992 Coll., Act No. 267/1994 Coll., Act No. 104/1995 Coll.

Act No. 118/1995 Coll. Act No. 89/1996 Coll. Act No. 94/1996 Coll., Act No. 227/1997 Coll. Act No. 91/1998 Coll.

Act No. 165/1998 Coll., Act No. 363/1999 Coll., Act No. 27/2000 Coll., Act No. 103/2000 Coll., Act No. 159/1999 Coll.

Act No. 227/2000 Coll., Act No. 367/2000 Coll., Act No. 229/2001 Coll., Act No. 317/2001 Coll., Act No. 501/2001 Coll.

Act No. 125/2002 Coll., Act No. 135/2002 Coll., Act No. 136/2002 Coll., Act No. 320/2002 Coll. judgment No. 476/2002 Coll.

Act No. 88/2003 Coll. Act No. 37/2004 Coll., Act No. 47/2004 Coll. incorporated amendments resulting from the award No. 278/2004 Coll.

Act No. 480/2004 Coll., Act No. 554/2004 Coll., Act No. 359/2005 Coll. Act No. 56/2006 Coll. Act No. 57/2006 Coll.

Act No. 107/2006 Coll., Act No. 115/2006 Coll., Act No. 160/2006 Coll., Act No. 264/2006 Coll., Act No. 315/2006 Coll.

Act No. 443/2006 Coll., Act No. 296/2007 Coll., Act No. 230/2008 Coll., Act No. 306/2008 Coll. č.384/2008 Law no., Act No. 215 / 2009 Coll.

Act No. 227/2009 Coll., Act No. 285/2009 Coll., Act No. 155/2010 Coll., Act No. 28/2011 Coll., Act No. 132/2011 Coll., Act No. 139 / 2011 Coll.

Act No. 420/2011 Coll., Act No. 428/2011 Coll., Act No. 142/2012 Coll., Act No. 170/2012 Coll. and Act No. 202/2012 Coll.

repealed by Law No. 89/2012 Coll.

 

 

The Civil Code

 

The Federal Assembly of the Czech and Slovak Federal Republic has passed the following Act:

 

PART ONE

GENERAL PROVISIONS

 

CHAPTER ONE

CIVIL RELATIONS AND THEIR PROTECTION

§ 1

 

(1) Adjustment of civil relations contributes to the fulfillment of civil rights and freedoms, notably the protection and inviolability of personal property.

(2) The Civil Code regulates property relationships of natural and legal persons, property relations between these persons and the State, as well as the relations arising from the law to protect people if they do not govern other civil relations laws. 1)

(3) The legal relations arising from the results of intellectual creative activities are regulated by special laws.

 

§ 2

 

(1) civil relationships arising from legal acts or other facts with which the law of formation of these relationships together.

(2) In civil relations, the participants have equal status.

(3) The participants of civil relations can mutual rights and obligations of the agreement to modify the law notwithstanding, if the law expressly prohibits, and if the nature of the provisions of the Act that are not permitted to deviate from it.

 

§ 3

 

(1) Exercise of rights and obligations arising from civil relations without any legal reason not to interfere with the rights and legitimate interests of others and must not be contrary to good morals.

(2) Natural and legal persons, state authorities and local authorities shall ensure that, to avoid endangering and abuse of civil relations, and that any differences between participants are removed mainly by their agreement.

 

§ 4

 

On the contrary, who is endangering or breaks, you can claim the protection of the body that is called upon. Unless the law stipulates otherwise, the body of this court.

 

§ 5

 

If any apparent interference with the peaceful state can claim the protection of the competent authority of government. The intervention may provisionally prohibit or impose to restore the previous state. This does not affect the right to seek protection in court.

 

§ 6

 

If there is unauthorized interference with the right immediately, the one who is so threatened, he hit reasonably prevent.

 

CHAPTER TWO

PARTICIPANTS civil relations

 

Section One

Individuals

§ 7

 

(1) Eligibility of individuals have the rights and obligations created birth. This capability has also conceived a child, if born alive.

(2) the death of eligibility expires. If death can not be demonstrated in the prescribed manner, the court declared a natural person dead, if it finds its death differently. In the dead missing the court declares an individual, if it can be taken into account all the circumstances to conclude that no longer alive.

 

§ 8

 

(1) Eligibility of individuals to acquire their own legal rights and actions to take on the obligation (legal capacity) occurs in the full age of majority.

(2) acquires the majority reaching eighteen years. Before reaching the age of majority shall only marriage. Thus acquired majority is lost or dissolution of marriage or marriage annulment.

§ 9

 

Minors have the capacity only to such legal acts that are by nature free and appropriate intellectual maturity appropriate to their age.

 

§ 10

 

(1) If a natural person for a mental disorder that is only temporary, it is not able to perform legal acts, the court her legal capacity cleared.

(2) If a natural person for a mental disorder that is only temporary, or for excessive consumption of alcoholic beverages or narcotics or poisons means is able to make only certain legal acts, the court’s legal capacity limits and scope of the decision shall specify restrictions.

(3) The court deprivation or restriction of change or cancel a change in the fall or if the reasons which led to them.

 

Protection of Personality

§ 11

 

A natural person is entitled to protection of his personality, especially life and health, civic honor and human dignity and privacy, their names and expressions of a personal nature.

 

§ 12

 

(1) Documents of a personal nature, portraits, visual images and video and audio recordings relating to the individual or personal nature of its manifestations may be acquired or used only with permission.

(2) Consent need not apply if the documents of a personal nature, portraits, visual images or video and sound recordings for the purposes of an official under the law.

(3) Portraits, visual images and video and sound recordings can not get permission from individuals or adequately used also for scientific and artistic purposes and for print, film, radio and television news. Even such use may not be in conflict with the legitimate interests of individuals.

 

§ 13

 

(1) A natural person has the right, in particular, demand that was dropped from unauthorized interference with the right to protection of her personality, to eliminate the consequences of such interventions and that it was reasonable satisfaction.

(2) If it has not been thought sufficient satisfaction under paragraph 1, particularly because it was largely reduced to that person’s dignity or esteem in the society also has an individual right to compensation for loss in money.

(3) The amount of compensation determined under paragraph 2 of the court taking into account the seriousness of the injury and the circumstances under which the infringement occurred.

 

§ 14

Cancelled

 

§ 15

 

After the death of an individual to apply for the right to protect her husband or partner personality 1a) and children, and if not them, and her parents.

 

§ 16

 

Who unauthorized interference with the rights of privacy causes harm, is responsible for it under the provisions of this Act on Liability.

 

§ 17

Cancelled

 

Section Two

Legal entities

§ 18

 

(1) Eligibility to have rights and responsibilities and legal persons.

(2) The legal persons are

  1. a) the association of natural or legal persons,
  2. b) Purpose of capital,
  3. c) local government units,
  4. d) other entities, as laid down by law.

 

§ 19

 

(1) The establishment of a legal person is subject to written agreement or charter, unless a special law provides otherwise.

(2) Legal entities created on the date on which they are registered in the Companies Act or other designated register, unless special law provides otherwise their creation.

 

§ 19a

 

(1) Eligibility of legal persons have rights and obligations may be limited by law.

(2) Legal persons who are entered in the Commercial Law or other designated register, may acquire rights and obligations of the effective date of registration in the Register, unless a special law provides otherwise.

 

§ 19b

 

(1) Legal persons have their name, which must be specified in their establishment.

(2) An unauthorized use of the name of a legal person can be claimed in court that an unauthorized user has delayed its use and correct the defect, can also claim reasonable satisfaction which may be required in cash.

(3) Paragraph 2 shall apply mutatis mutandis to an unauthorized interference with the reputation of legal entities.

 

§ 19c

 

(1) The establishment of a legal person is determined by its seat. Registered legal entities must be in an apartment if it contradicts the nature of the legal person or the extent of its activities.

(2) Write to the legal person in a public register, it is sufficient to indicate its founding document name of the village, where the seat of the legal person. The full registered address, propose legal person entered in the register.

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

 

§ 20

 

(1) Legal acts of a legal person in all matters is those who are entitled to agreement on the establishment of legal entities, charter or by law (statutory bodies).

(2) A legal person may take legal actions and other members of its staff, or if it is stipulated in internal regulations of the legal person or is it due to their usual work location. Whenever these persons of their privileges, rights and duties created legal entity only if the legal action relates to the objects of a legal person and only in the case of the crossing, which the other party could not know.

§ 20a

 

(1) A legal person shall be deleted by agreement, expiration or fulfillment of the purpose for which it was established, unless a special law provides otherwise.

(2) A legal person registered in the commercial register or a register designated by law shall expire on the deletion from the registry, unless a special law provides otherwise.

(3) Before the dissolution of the legal person shall be subject to its disposal, provided that all of its assets does not acquire legal successor or special law provides otherwise.

(4) The provisions of the Commercial Code concerning the liquidation of the company shall apply mutatis mutandis for the disposal of another legal entity, unless the provisions governing the legal person does something else.

 

§ 20b to 20e

canceled

 

Interest associations of legal entities

§ 20f

 

To protect its interests or to achieve another purpose can create a legal entity associations of legal entities (hereinafter the “Association”).

 

§ 20 g

 

To establish the association requires a written memorandum of contract or approval of the founders of the Foundation for the constituent membership meeting. The establishment of the association at this meeting to make a written statement containing a list of founding members of the association with their name (name) and address (registered) and signatures of the members. The contract or the minutes of the constituent membership meeting must be accompanied by the statutes and determining the persons authorized to act on behalf of the association, which approves the founders or founding meeting.

 

§ 20h

 

(1) Articles of Association shall name, registered office and object of the association, the matrimonial property regime, the creation and termination of membership, rights and obligations of members, associations and institutions defining their scope, the method of dissolution of the Association and the disposition of its liquidation. Membership in the association can be linked to a membership fee.

(2) The statutes authorizing the founders or founding members’ meeting. Statutes shall determine the manner in which the statutes amended and supplemented.

 

§ 20i

 

(1) The association is a legal entity, which corresponds to the property for breach its obligations.

(2) The association acquires legal capacity entry in the register kept by the association of the regional authority 2) according to the association headquarters. The register is written the name and address of the association, the identification number of the person (hereinafter referred to as “identification number”) provided by the association of basic register people manager 2a), object of the association, the bodies which are associations, and the name or names, surname, date of birth and address of permanent residence of persons exercising their powers.

(3) The application for registration in the registry is attached memorandum or record of the founding members’ meeting, together with the statutes. The proposal made by a person authorized by the founder or founding member meetings.

 

§ 20j

 

(1) Before the termination of liquidation of the association is required if the assets of the association shall not pass to the successor.

(2) The association shall cease cancellation of registration. Before you delete the regional office is examining whether its implementation does not prevent ongoing criminal prosecution against the association or punishment that was imposed on him under a special legal regulation.

 

  • 20k

 

(1) For the performance of state administration in the area association may use the regional office of the population register of basic reference data:

  1. a) name,
  2. b) the name or names,
  3. c) address of residence,
  4. d) The date, place and district of birth, the data subject, who was born abroad, date of birth and state, where he was born.

(2) For the performance of state administration in the area association may use the regional office of the Information System of foreigners following information:

  1. a) the name or names, surname,
  2. b) date of birth,
  3. c) the place and state where the alien was born, in the case that the foreigner was born in the Czech Republic, place and district of birth,
  4. d) address of residence in the Czech Republic.

(3) The information specified in paragraphs 1 and 2 can be used in a particular case, only data that are necessary for performing a given task. The data are recorded as reference data in the base population register, the use of the information system of foreign nationals only if they are in the shape of the previous status quo.

 

§ 21

 

If a participant in civil relations law, a legal person.

CHAPTER THREE

REPRESENTATION

§ 22

 

(1) The representative is the person who is authorized to act for another’s behalf. Representation of the rights and obligations arise directly represented.

(2) Represent the other is not the one who himself is not eligible for legal action, by which it or the person whose interests are contrary to the interests represented.

 

§ 23

 

Representation is established by law or decision of a state authority (legal representation) or under a power of attorney.

 

§ 24

 

The representative must act in person, another representative may appoint only if it is the statutory or agreed by the participants. Even the legal acts more representative of the rights and obligations arising directly represented.

 

§ 25

canceled

 

Legal representation

§ 26

 

If there are individuals eligible for legal capacity, they act as their guardians.

 

§ 27

 

(1) Who is the legal guardian of a minor child, the Act on the family.

(2) The legal representative of the individual who was a court decision deprived of legal capacity or whose legal capacity was restricted by a court decision, the court appointed guardian.

(3) If no guardian related to the natural person or other person who qualifies for appointment of a guardian, the court guardian of the local authority, or its equipment if it is authorized to act in its own name (§ 18 paragraph 1).

 

§ 28

 

If the guardians are also required to manage the assets of those they represent, unless it is a common issue, is to dispose of the property must be approved by the court.

 

§ 29

 

The court may also appoint a guardian to the person whose residence is unknown if it is necessary to protect its interests, or if the public interest. Under the same conditions the court may appoint a guardian even if it is needed due to another serious reason.

§ 30

 

If there is a clash of interests with the interests of the legal guardian or a confrontation represented the interests of those who are represented by the same legal representative, the court shall appoint a special prosecutor.

 

Representation by proxy

§ 31

 

(1) When legal action is possible to give the substitute person or entity. The principal grant for this purpose proxy agents, which must be given permission zmocněncova range.

(2) A power of attorney granted by the legal person becomes entitled to act for the principal statutory authority of the person or the person that the authority granted power of attorney.

(3) The authorization may be granted by several agents together. Unless a power of attorney granted by several agents otherwise specified, all must act together.

(4) If necessary, the legal action was taken in writing, power of attorney must be granted in writing. Written power of attorney must be granted even where not only a legal act.

 

§ 32

 

(1) Unless the legal act that someone is acting for someone else, the acting in his own name.

(2) If an agent on behalf of the principal within the limits of the authority to represent, the resulting rights and obligations on principals. Guidelines of the Agents, not due to a power of attorney, do not affect the legal effects of acts unless they are known to persons against whom the agent acted.

(3) If the principal in good faith or if he knew or should have known about certain circumstances, to take into account also the trustee, unless it is a fact of which the agent learned before granting power of attorney. The principal, who is not in good faith, can not rely on good faith agent.

 

§ 33

 

(1) If the Commissioner exceeded his authority under the power of attorney, the principal is bound only if approved by this excess. However, failure by the principal person with whom an agent acted, their disagreement without undue delay after crossing the authorization learned, the crossing approved.

(2) exceeded the agent in the conduct of their authority to act for the principal or if somebody else without the full power of this meeting is bound to itself, unless the person for whom the hearing, additional legal act without undue delay approval. If the principal does not approve exceeding their authority or acting without authority, the person with whom you have been treated to meet the agents require either liability or damages caused by his conduct.

(3) The provisions of paragraph 2 shall not apply if the person you were treated, the lack of power of attorney knew.

 

§ 33a

 

(1) The Trustee is entitled to appoint another person to act in his place as principal,

  1. a) when expressly authorized by power of attorney to appoint a proxy to another person,
  2. b) if Agent entity.

(2) The Commissioner further legal action is bound directly to principal.

 

§ 33b

 

(1) Power of Attorney expires

  1. a) performing an act for which they have limited
  2. b) it is revoked by the principal,
  3. c) if the agent is terminated,
  4. d) If the agent dies.

(2) The power of attorney upon his death the principal, unless the content of something else, unless a special law 2d) provides otherwise. Dissolution of the legal person, which is the principal or agent, power of attorney terminates only be subrogated to the rights and liabilities to another person.

(3) The principal can not validly waive the right to revoke a power of attorney at any time.

(4) Until the appeal is not acting attorney familiar with the effects of legal acts, as if full power was maintained. This provision, however, can not rely on someone who appeals to the power of attorney knew or should have known.

(5) If the principal told another person that gave power of attorney agent on certain tasks, it may invoke an appeal to her attorney, just announced that if her appeal from the actions of an agent or when the person at the time of the hearing on this appeal agent knew .

(6) If the principal dies or terminates the proxy agent, the agent must still do everything that can not be delayed to the principal or his legal successor suffered injury to their rights. Steps taken thus have the same legal effect as if it took more representation, if not contradictory to what had arranged the principal or his legal successor.

 

CHAPTER FOUR

LEGAL ACTS

§ 34

 

Legal action is a manifestation of the will directed especially to the creation, modification or termination of those rights or obligations that legislation with such a speech together.

 

§ 35

 

(1) Statement will be accompanied by acts or omissions may be explicitly or otherwise nevzbuzujícím doubts about what the participant wanted to show.

(2) Legal acts expressed in words should be interpreted not only according to their linguistic expression, in particular, but also according to the will of the person who made a legal act, if this will conflict with language expression.

(3) Legal acts expressed differently than words to be interpreted in what way their expression is usually meant. It takes into account the will of him who made the legal action, and protects the good faith of the person to whom legal action was intended.

 

§ 36

 

(1) Establishment, modification or termination of rights or obligations may be made subject to conditions. The condition impossible to be bound by the extinction of rights or obligations shall be disregarded.

(2) The condition of the swap, if its fulfillment depends on whether the legal consequences of the act will occur. The condition is an expiry if its fulfillment depends on whether the consequences already occurring no longer exist.

(3) If a participant who is a failure to benefit conditions, deliberately frustrate its fulfillment, it becomes a legal act is unconditional.

(4) The condition is taken into account, causing her to fulfill purposely participant who had no right to do so and who is to meet its benefit.

(5) Unless a legal act of nature or something else, it is considered that the condition of the swap.

 

§ 37

 

(1) Legal action must be made freely and seriously, and certainly understandable, otherwise it is invalid.

(2) The act, which deals with the performance impossible, is invalid.

(3) The act is not invalid for error in writing and numbers, if its importance is unquestioned.

 

§ 38

 

(1) that act is invalid if the person who did not possess legal capacity.

(2) is also invalid legal act of a person acting in a mental disorder that makes it to the legal act impotent.

 

§ 39

 

Invalid is a legal act which by its content or purpose is contrary to law or bypasses or is against good morals.

 

§ 40

 

(1) Unless the legal act is done in the form required by law or agreement of the parties is invalid.

(2) writing executed agreement may be amended or revoked only in writing.

(3) A written legal act is valid if signed by a person acting, making legal action if more than one person may not be their signatures on the same document, unless otherwise provided by law. The signature may be replaced by mechanical means in cases where it is normal. If legal action made by electronic means, may be signed electronically in accordance with special regulations.

(4) The written form is maintained, if the legal act is done by telegraph, telex or electronic means that allows capturing content of a legal act and determine who the legal action taken.

(5) The written legal acts of those who can not read and write, it should be the official record. Official registration is not required if the person who can not read or write, the ability to become familiar with the contents of the legal act with the help of special aids or devices, or through another person of their choice, and is able to self sign the deed.

 

§ 40a

 

If it is a ground for invalidity of a legal act under the provisions of § 49a, 140, § 145, paragraph 2, § 479, 589, § 701, paragraph 1, § § 775 and 852b, paragraph 2 and 3 shall be considered as a valid legal act, if the one who act in such a prejudice, a legal act is busy. Invalidity shall not rely on those who caused it himself. The same applies if it is not legal act is done in the form required by the agreement of participants (§ 40). If legal action is inconsistent with generally binding legal regulation of prices, is invalid only to the extent that it contravenes this regulation if the person is such an act of prejudice, invalid permits.

 

§ 41

 

When covered by reason only of the invalidity of the legal act is invalid only this part, unless the nature of the legal act or its contents or the circumstances under which it occurred does not mean that this part can not be separated from other content.

§ 41a

 

(1) If an invalid legal act of any other legal requirements, which is valid, you can call him if the circumstances clearly expressed will of the acting person.

(2) If a legal act to be obscured by other legal action, the latter act, if it corresponds to their will and, if all its elements. Invalidity of such a legal act can not be invoked against a party, who considered him undisguised.

 

§ 42

 

If a legal action for the annulment of the damage is responsible for her under the provisions of this Act on Liability.

 

§ 42a

Unenforceability

 

(1) The creditor may claim that the court has determined that the debtor’s legal acts in satisfaction of its shorter enforceable claims against him are legally ineffective. This right of the creditor even if the claim against the debtor of his act odporovatelného already enforceable or if it was already satisfied.

(2) A is a possible legal actions which the debtor has done in the past three years, intended to shorten his creditors, had to be the intention of the other known legal capacity, who were creditors of the debtor and a diminution occurred in the last three years between the debtor and persons close to him (§ 116, 117), or that the debtor has done in that time in favor of these persons, except when the other party if the debtor’s creditors and the intention to shorten the due diligence could not tell.

(3) The right to resist legal capacity may be used against the person in whose favor the legal act is done or which arose from the debtor’s favor odporovatelného act.

(4) The legal act, which successfully opposed the creditor, is ineffective against him to the extent that the creditor may demand satisfaction of their claims of what odporovatelným missed a legal act of the debtor’s property, unless it may well be entitled to compensation against the who should benefit from this act.

 

Smlouvy

§ 43

 

Participants are required to ensure that the contractual arrangements were removed anything that could lead to contradictions.

 

A contract

§ 43a

 

(1) Speech by the will to conclude the contract, which is determined by one or more specific persons is a proposal for a contract (hereinafter “Proposal”), if it is sufficiently definite and indicates the petitioner’s will to be bound in case of its adoption .

(2) A work from the time when it reaches the addressee. The proposal, even if it is irrevocable, the applicant may cancel if there is a speech on the abolition of the person to whom it is intended, at least before or simultaneously with the proposal.

(3) Until a contract is concluded, the proposal may be revoked if the revocation reaches the person to whom it is addressed before the adoption of the person sent.

(4) The proposal shall not be removed

  1. a) during the period therein specified for acceptance, unless the content of the right of it and to appeal before that time or
  2. b) if it is expressed finality.

 

§ 43b

 

(1) The proposal, even if it is irrevocable, is terminated

  1. a) the expiry of the period it was intended for adoption,
  2. b) expiration of a reasonable time taking into account the nature of the proposed contract and speed means that the petitioner used to send a proposal, or
  3. c) the goods reach expression of rejection of the petitioner.

(2) Oral proposal expires if not accepted immediately unless the content of his shows something else.

(3) Deadline for receipt of proposals for the petitioner in the telegram begins to run from the moment the telegram is handed to dispatch, and the time limit specified in the letter from the dates specified therein, and unless the date is given it, from the date on the envelope. The deadline for receipt of proposals for the petitioner by telephone, telex or other means of instantaneous communication begins from the moment the proposal is the person to whom it is intended.

 

Adoption of the draft

§ 43c

 

(1) early statements made by the person to whom the proposal was intended, or any other of its early meetings, which can be inferred from this agreement, the adoption of the proposal.

(2) Early adoption of the proposal shall be effective upon the acceptance of the content of the proposal reaches the offeror. Acceptance may be revoked if the revocation reaches the offeror not later than simultaneously with the adoption.

(3) Late adoption has yet to effect early adoption, the appellant shall without delay inform the person that the proposal was made, orally or by sending messages.

(4) If the letter or other documents which reflect the adoption of the proposal that were sent in such circumstances that the petitioner received on time if their carriage proceeded in the usual way, the late effects of early admission acceptance, unless the petitioner without delay notify orally person to whom the proposal was intended that the proposal is considered extinct, or in this sense, it sends a message.

 

§ 44

 

(1) The contract is concluded at the moment when the acceptance of a contract takes effect. Silence or inaction by themselves do not imply acceptance of the proposal.

(2) Adoption of a proposal that includes amendments, reservations, restrictions or other changes is a rejection of the proposal and is considered a new proposal. Adoption of the proposal is a response that defines the content of the proposed contract in other words, if the response does not change the content of the proposed contract.

(3) If the motion is determined by two or more persons, and its contents show that the petitioner’s intent is that all persons to whom the proposal is intended to become a party to the contract, the contract is awarded if all these people take the proposal.

 

§ 45

 

(1) Speech acts against the will of the absent person from the moment it happens.

(2) If the altered expression of will influence the means used by the petitioner or other circumstances occurring during the transport, shall be assessed under the provisions on mistake (§ 49a).

 

§ 46

 

(1) must have a written form of contracts for transfer of property, as well as other contracts for which the law requires it or agreement of the participants.

(2) For a contract in writing is sufficient, if there is a written proposal and its acceptance in writing. In the case of property transfer agreement, the parties must be manifestations of the same document.

 

§ 47

 

(1) If the law provides that the contract should be the decision of the competent authority, the contract is effective in this Decision.

(2) was not filed within three years of the contract proposal for a decision under paragraph 1, the participants withdrew from the contract.

 

§ 48

 

(1) The participant may terminate the contract only if it is provided in this Act or agreed by the participants.

(2) Withdrawal from the contract is canceled from the beginning, unless statutory or otherwise agreed by the participants.

 

§ 49

 

A party who has contracted in distress at arm’s length, has the right to withdraw from the contract.

 

§ 49a

 

A legal act is invalid if the person has acting on it in error, based on the fact that it is crucial for its implementation, and the person to whom a legal action intended, this mistake caused or should have known about it. Legal action is also invalid if the error was caused by that person intentionally. An error in motive does not invalidate the legal action.

 

§ 50

 

(1) Participants may also enter into a contract to a third party.

(2) Unless this Act stipulates otherwise or the parties agreed, that person is entitled under the contract at the moment with her apparent consent. The debtor has against the same opposition as against the person with whom the contract was concluded. Waive its right to the person of their rights extinguished debt, unless agreed to in this case it has to be filled, with whom the borrower has entered into a contract.

(3) Until third party consents, the only treaty between those who signed it, right on the fulfillment of the party that performance to a third party reserved, unless otherwise agreed. The same applies if a third party consent denied.

 

§ 50a

 

(1) Participants may make a written undertaking that he agreed to enter into a contract period that must not yet agree on its essential requisites.

(2) If no time agreed to a contract, it may be within one year of claim in court that the statement will have been replaced by judicial decision. The right to compensation shall remain unaffected.

(3) This commitment expires, if the circumstances from which participants came out when a liability is changed to the extent that it can not reasonably be required if the contract was concluded.

 

§ 50b

 

The provisions of § 50a shall apply mutatis mutandis to contracts whereby the participants agree that the content of the contract will still be completed, provided there is no doubt gave it clear that the contract is valid, even if an agreement on the rest of the content of the contract occurred.

 

§ 51

 

Participants may also enter into a contract which is not particularly adapted; However, the Treaty must not contradict the content or purpose of this Act.

 

 

CHAPTER FIVE

CONSUMER CONTRACT

 

§ 51a

 

This title incorporates the relevant provisions of the European Communities 2b) and provides consumer protection in consumer contracts and certain obligations when making consumer contracts.

 

§ 52

 

(1) consumer contracts are contracts purchasing, contracts, or other contract if the parties are on the one hand and consumers on the other supplier.

(2) The supplier is a person who at the conclusion of the contract and acts in a commercial or other business activities.

(3) The consumer is a natural person who, in the conclusion and performance of the contract is not in his commercial or other business or in a separate exercise of his profession.

 

§ 53

 

(1) The contract may be used by distance communication, which allow to conclude a contract without the simultaneous physical presence of the parties. Means of distance communication means, in particular unaddressed print, addressed printing, type the letter in print advertising with order form, catalog, phone (human) operator, phone no (human) operator (automatic calling machine, audiotext), radio, videophone ( telephone with screen), videotext (microcomputer and television screen), electronic mail, facsimile machine, television (TV shopping, tele-shopping), public communication network such as the Internet.

(2) Means of communication at a distance, allowing individual negotiations may be used only if the consumer did not reject their use. Only with the prior express consent of the consumer can be used in automated telephone systems without (human) service, fax machines and automatic sending of e-mail. By using these means of distance communication must not entail any cost to the consumer.

(3) The use of remote communication devices must be contained in the information necessary to draft a contract within the meaning of general terms of the contract provided for in this section and essential element of the contract set out in Part Eight of the Act. This information must be provided specific and comprehensive manner, taking into account the principles of good faith and to protect people, especially minors or consumers.

(4) In any hearing by means of distance communication must be to the consumer in good time before conclusion of the contract provided the following information:

  1. a) business name or the name and identification number of the supplier, address and legal persons resident in the case of a natural person, the person also address a foreign company or organizational unit in the Czech Republic if they have been established, an indication of the commercial registration or other similar records, including the file number, if assigned, and contact information, in particular a postal mailing address, telephone number, mailing address or e-mail
  2. b) details of the relevant supervisory authority, subject to the suppliers work authorization system,
  3. c) the name and main characteristics of goods or services
  4. d) the price of goods or services from which clearly indicates that is listed, including all taxes and fees are to be added up to her,
  5. e) the cost of delivery,
  6. f) the method of payment, delivery or performance,
  7. g) to the right of withdrawal, except as provided in paragraph 8,
  8. h) the cost of using means of distance communication,
  9. i) the period during which the offer or price remains valid.

The information referred to in subparagraphs a) and b) the supplier shall ensure permanent public access, failure to do so is considered a failure of information pursuant to § 53 paragraph 7

(5) Where a consumer orders through any means of distance communication, the supplier is obliged by any means of distance communication shall acknowledge its receipt, it does not apply when the contract is concluded exclusively by exchange of electronic mail or by equivalent individual communications. Booking and confirmation of receipt shall be deemed delivered if the party with whom it is intended can learn.

(6) After the conclusion of the contract using the means of distance communication, but at least prior to bottling, the consumer shall be provided the following information in writing:

  1. a) the name and identification number of the supplier, the seat of a legal person and residence of natural persons
  2. b) information on the conditions and procedures for exercising the right of withdrawal,
  3. c) information on after-sales service and guarantees
  4. d) the conditions for cancellation of the contract, unless specified duration or validity is longer than 1 year.

(7) If the contract was concluded by means of distance communication, the consumer has the right to withdraw without giving any reason and without any penalty within 14 days of receipt of benefits. In the event that the contractor did not submit information to the consumer, which is obliged to submit in writing or in another similar manner in accordance with paragraphs 4 and 6 is the deadline for withdrawal three months from the receipt of benefits. However, if the information is properly transmitted in the course, there are completion of a three-month period begins to run from that time period of two weeks.

(8) Except where the cancellation is expressly agreed, the consumer can not be made under paragraph 7 of contracts

  1. a) the provision of services if their performance has been started with his consent before the expiry of 14 days from the receipt of benefits,
  2. b) the supply of goods or services whose price depends on fluctuations of financial market beyond the control of the supplier,
  3. c) the supply of goods made by demand from the consumer or to his person and goods subject to rapid deterioration, wear or tear,
  4. d) delivery of audio and video recordings and computer programs, if a consumer destroyed their original packaging,
  5. e) the supply of newspapers, periodicals and magazines,

f), consisting of game or lottery.

(9) If the supplier provides to the consumer without the performance order, the consumer is not obligated to return the performance of its suppliers, or to inform him about it.

(10) If the consumer exercises the right of withdrawal pursuant to paragraph 7, the Contractor is entitled only to reimbursement of actual costs associated with returning the goods. The supplier is also obliged to return the sums paid by the consumer within 30 days of withdrawal.

 

§ 53a

 

(1) The use of electronic means 2d) must be included in the draft in addition to information pursuant to § 53 paragraph 3, also information on whether or not the concluded contract will be filed by the supplier and whether it is available, information on various technical steps leading to the conclusion of contracts, the languages ​​in which we can conclude the contract, information on how to detect and correct errors caused by data entry before submitting the order and codes of conduct, which would be binding or voluntary compliance, and accessibility by using electronic means, this does not apply when act exclusively by exchange of electronic mail or by equivalent individual communications.

(2) Before submitting the order must be in the electronic consumer to check and change the input data contained in it, which put in order, this does not apply when dealing exclusively by exchange of electronic mail or by equivalent individual communications.

(3) Contract and terms and conditions shall be provided to the consumer in a form that allows the storage and reproduction.

(4) The withdrawal applies to § 53 paragraph 7 accordingly.

 

§ 54

 

Provisions on contracts negotiated pursuant to § 53 paragraph 2 to 9 and § 53a shall not apply to contracts

  1. a) financial services (§ 54a) of § 53 paragraph 1 to 3 and 5 and § 53a shall apply to such contracts,
  2. b) concluded through vending machines or automated commercial premises,
  3. c) closed operator means of distance communication via public phones
  4. d) concluded for the construction or sale of property or other rights relating to property, except for rental,
  5. e) concluded on the basis of auctions,
  6. f) the supply of food, beverages or other goods for everyday consumption supplied to the process servers permanent home or residence of the consumer,
  7. g) the accommodation, transport, catering or leisure, when the contractor provides those services on the specified date or time.

 

§ 54a

Financial service contracts concluded at a distance

 

(1) financial service contracts for the purposes of distance contracts covered by this Act shall mean the contract relating to banking, credit, credit insurance or service contracts relating to pension insurance, supplementary pension savings, contracts for the provision of investment services or contracts for the shops in the market in investment instruments. If in doubt, it is considered that a contract for financial services for the purposes of distance contracts shall always be considered a contract concluded within the scope of business activities under the first sentence, whereby the contractor performs bank, foreign bank branch, foreign exchange, credit institutions , an electronic money institution, building society, savings or credit union, insurance company, insurance agent, insurance broker, insurance agent, securities dealer, pension fund, investment company, investment fund, pension company, the regulated market or an investment broker or foreign person with a similar line of business.

(2) If the contract for financial services used by distance communication referred to in § 53 paragraph 1, which allows to conclude a contract without the simultaneous physical presence of suppliers and consumers (the “Agreement on financial services concluded at a distance”) The Supplier must comply with the obligations set out in § 54b and 54d. Certain obligations when entering into insurance contracts concluded at a distance services are regulated by way of derogation in a special legal regulation 2c).

(3) For financial service contracts concluded at a distance, based on which operations are made at the same or similar nature, the provisions of § 54b and 54d do not apply to these operations. Conclude if the same parties that they have entered into a contract for financial services, with distance, other related financial service contracts concluded at a distance, the same or similar nature, do not apply to these downstream contracts of § 54b paragraph 2 to 6, this does not apply in Where after the conclusion of recent contract expired more than one year.

(4) For purposes of financial services contracts concluded at a distance means

  1. a) the operator of the means of distance communication, natural or legal person whose business activities include making one or more means of distance communication suppliers
  2. b) durable medium any object that allows the consumer to store information addressed personally to him so that they can be used for reasonable purposes of the information, and which allows the information in unaltered form,
  3. c) an individual consumer to the conclusion and performance of financial service contracts concluded at a distance not in his commercial or other business activities.

(5) The provisions of § 54b paragraph 2, § 54b paragraph 3, point. a) and b), § 54b paragraph 4 point. b), c), f) and g) and § 54b paragraph 5, point. a) shall not apply to contracts for payment services under the Act governing the payment system.

 

§ 54b

Provision of information

 

(1) The consumer shall be at the hearing by any of the means of distance communication in advance of the conclusion of the financial service contracts concluded at a distance to provide information on suppliers of the financial service provided by financial service contracts concluded at a distance and possible methods of alternative dispute resolution possible alternatives to litigation or guarantee of funds.

(2) The consumer shall be in accordance with paragraph 1 provided the following information about the supplier:

  1. a) business name, title or name and identification number, if assigned to it, suppliers,
  2. b) the core business of the supplier
  3. c) the seat supplier that is a legal entity or residence, which is a natural person, or other addresses that are relevant to the relationship between consumer and supplier,
  4. d) the business name, title or name and identification number, if assigned to it, the supplier’s representative in the European Union Member State in which the consumer resides, if such a representative exists (hereinafter “the supplier’s representative”)
  5. e) the supplier’s representative office, which is a legal entity or residence of the supplier’s representative who is a natural person, or other addresses that are relevant to the relationship between the consumer and the representative of suppliers
  6. f) the business name, business name or name and surname of the broker contract for financial services, with the supplier (the “agent”), and identification number, if assigned to it, unless such agent is the consumer,
  7. g) the title under which the provider and the consumer is,
  8. h) the registered office of an intermediary who is a legal entity or residence of an intermediary who is a natural person, or other addresses that are relevant to the relationship between the consumer and the intermediary
  9. i) information on whether the supplier is registered in the commercial register or other similar and if the supplier is registered, information on the registration number or other appropriate means of identification in that register of suppliers,
  10. j) the name and address of the authority responsible for the supervision or state supervision over the activities of the supplier if the supplier operates under a license.

(3) The consumer shall be in accordance with paragraph 1 provided the following information on the financial service provided:

  1. a) the name and main characteristics of services,
  2. b) the total price of services for consumers, including all fees, taxes paid by suppliers and other related costs; not possible to determine the exact total price in advance, then any information on how to calculate the final price enabling the consumer to check the final price
  3. c) the potential risks beyond the control of the supplier associated with the financial service provided, including any warnings that past returns are not guarantees of future performance,
  4. d) the existence of other taxes or costs that are borne by the supplier or its not collected;
  5. e) any limitations period for which the information shall remain in force
  6. f) possible ways to pay for the service and method of providing services
  7. g) any additional costs to consumers, using means of distance communication, if the supplier charged.

(4) The consumer shall be in accordance with paragraph 1 provided the following information on financial service contracts concluded at a distance:

  1. a) the possibility or impossibility of withdrawal according to § 54c paragraph 1, including the deadlines for its implementation, conditions of application, amount which the consumer may be required under § 54c paragraph 6, and information about the consequences of failure to apply the law withdrawal
  2. b) the minimum duration of the financial service contracts concluded at a distance in the case of continuous or repeated provision of financial services
  3. c) the right supplier or consumer premature or unilateral termination of the financial services, with a distance based on contract terms, including any contractual penalties
  4. d) practical instructions for exercising the right of withdrawal indicating, inter alia, the address to which should be sent notification of withdrawal,
  5. e) the designation of a Member State or Member States of the European Union, the legislation takes the supplier as a basis for the establishment of relations with the consumer before the conclusion of contracts for financial services, with a distance
  6. f) contractual clause on law applicable to financial service contracts concluded at a distance and jurisdiction for disputes arising from the financial service contracts concluded at a distance,
  7. g) the language or languages ​​in which the Contractor with the consent of consumers to communicate with the consumer during the period of financial service contracts concluded at a distance and where will the consumer contract terms and additional information under this section.

(5) The consumer shall be in accordance with paragraph 1 provided information on how to remedy a breach of duty on the financial service contracts concluded at a distance:

  1. a) the existence of extra-judicial manner and handling of consumer complaints, including the ability to turn a complaint to the relevant supervisory authority
  2. b) the existence of guarantee funds, especially the Guarantee Fund of Securities Dealers and the Deposit Insurance Fund.

(6) Information provided pursuant to paragraphs 2 to 5 must be seen to serve for business purposes.

(7) Information provided to the consumer before the conclusion of contracts for financial services, with a distance must be in accordance with the contract.

(8) All contractual terms and in accordance with paragraphs 2 to 5 must be made available to the consumer in writing in good time before the consumer distance contracts or offer to be bound by its conclusion.

(9) If the contract for financial service contracts concluded at a distance on the consumer’s request using a means of distance communication which does not enable providing the contractual terms and information in accordance with paragraph 8, the supplier must fulfill its obligation under paragraph 8 immediately after the conclusion of this contract.

(10) In the case of voice telephony communications, consumer shall be at the beginning of the call initiated by the supplier’s business purpose of the call and the information used to identify the supplier sufficient. If the consumer has voted with the consent, it is possible to place the information referred to in paragraphs 2 to 5 only disclose information about the person who is in contact with the consumer, and its connection with the supplier and information according to paragraph 3. a), b) and d) and paragraph 4 letter. a) with the exception of information about the consequences of failure to apply for rights of withdrawal. Contractor further informs the consumer that other information is available on request, and the nature of such information. Supplier’s obligation to provide information under paragraph 8 shall not be affected.

(11) The consumer has the right to receive any time during the financial service contracts concluded at a distance at the request of its terms and conditions in printed form, or change the way remote communication, if it is not inconsistent with the nature of financial services provided by or with the contract for financial services being concluded at a distance.

(12) If the Contractor when entering into contracts for financial services, with the consumer fails to provide information under paragraphs 1 to 11, or provide him with misleading information, the consumer is entitled by the contract for financial services, with resign. The consumer may exercise the right within three months from the date of the violation of the supplier’s obligations under paragraphs 1 to 11 know. Consumer to withdraw from the contract, the provisions of § 54c paragraph 6 to 9 accordingly.

§ 54c

Right of withdrawal

(1) The financial service contracts concluded at a distance, the consumer has the right to withdraw without giving any reason and without any contractual penalties (hereinafter referred to as “the right of withdrawal”) within 14 days from the date of this contract or within 14 days from the date of information has been forwarded in accordance with § 54b paragraph 8 or 9, if that occurred the day after the conclusion of the contract. The supplementary pension insurance contract concluded at a distance, the consumer has the right to withdraw within 30 days from the date of this contract or within 30 days from the date on which the information has been transmitted in accordance with § 54b paragraph 8 or 9, if this occurred day after the conclusion of the contract.

(2) The consumer has no right of withdrawal in respect of financial services whose price depends on price movements in financial markets, the supplier’s control, such as those related to foreign exchange values ​​and investment instruments 2d). Right of withdrawal on consumer does not have any contracts, which was completely fulfilled by both parties at the express request of the consumer before the consumer’s right to exercise withdrawal.

(3) A consumer exercises his right of withdrawal by notification to the demonstrable manner in accordance with practical guidelines pursuant to § 54b paragraph 4 point. d) the period for exercising the right of withdrawal shall be maintained unless written notice was sent before that deadline.

(4) If the contract for financial services, with associated other distance contracts relating to services provided by the supplier or other person under contract with the supplier, then the contract is canceled from the beginning, if the consumer exercises his right of withdrawal under paragraph 1

(5) The deadline for withdrawal under paragraph 1, the Contractor may begin to perform the contract for financial services, with only after the consumer with the consent.

(6) If the consumer withdraws from the financial service contracts concluded at a distance, after the supplier may demand immediate payment of the amount only until the service actually provided. The amount requested should be proportionate to the extent already provided services.

(7) The Contractor shall not require the consumer to pay the amount for the service provided pursuant to paragraph 6, if he has commenced performance of the contract before the deadline for withdrawal under paragraph 1, without the consumer’s consent or unless he proves that consumers informed of the amount under § 54b paragraph 4 point. a).

(8) The contractor is obliged, at the latest within 30 days of withdrawal, when he was served notice of withdrawal of financial services, with under paragraph 3, the consumer to return all funds received from him under a financial services, with distance, except for amounts already paid by the consumer for services actually provided under this Agreement pursuant to paragraph 6

(9) The consumer is obliged, at the latest within 30 days from the date on which the supplier has sent notice of termination pursuant to paragraph 3, to return all the suppliers by the funds or other property received by him under a contract for financial services, with .

§ 54d

(1) Where the supplier provides financial services to consumers without the express order of the consumer, the consumer has an obligation to pay for this service and do not follow from this fact to him or any other obligations. Silence of the consumer shall not constitute consent to the provision of financial services.

(2) The financial service contracts concluded at a distance shall apply mutatis mutandis the provisions on consumer contracts according to § 55 and 56

(3) The means of distance communication shall ensure that it operated by means of distance communication were provided with financial service at a distance, if the final court judgment or administrative decision designated as not meeting the requirements applicable to consumer contracts under this Act.

(4) Without prejudice to the provisions of § 54c paragraph 7, the onus to fulfill its responsibility to inform consumers and the burden of obtaining the consumer’s consent to the closure, or with the performance, financial service contracts concluded at a distance supplier. Any contractual arrangement that provides that the burden of proof borne by the preceding sentence, if only in part, the consumer is not permitted under § 56 paragraph 3

§ 55

(1) The contractual arrangements in consumer contracts can not derogate from the law to the detriment of consumers. Consumers, in particular, can not waive the rights granted to it by law, or otherwise impair their contractual status.

(2) Arrangement in consumer contracts according to § 56 are invalid.

(3) In case of doubt about the importance of consumer contracts, the interpretation favorable to the consumer.

§ 56

(1) Consumer contracts must contain provisions that conflict with the requirement of good faith to the detriment of consumers indicate a significant imbalance in rights and obligations of the parties.

(2) Paragraph 1 shall not apply to contractual arrangements that define the subject of the contract price or performance.

(3) Illegal in particular contractual arrangements that

a) exclude or limit the liability of the supplier for any act or omission by which the consumer caused the death or bodily injury,

b) exclude or limit the rights of consumers to exercise responsibility for damages or liability,

c) provides that a contract is binding on the consumer, while the supplier’s performance is tied to a condition whose realization depends solely on the will of the supplier,

d) allow suppliers to consumers it has not provided performance even if the consumer does not close a contract with the supplier or cancel it,

e) entitle the contractor to terminate the contract without a contractual or statutory basis, and not consumers,

f) authorize the supplier to no reasons worthy of special consideration, canceled its contract for an indefinite period without adequate notice,

g) undertake to implement the consumer, which are not acquainted before the conclusion of the contract,

h) allows a supplier to unilaterally change the terms of the contract without reason stipulated in the contract,

i) provides that the price of goods or services will be determined at the time of fulfillment, or suppliers warrant a price increase of goods or services without the consumer was entitled to rescind the contract if the price agreed at the time of the contract, subject to substantially exceeded

j) compel the consumer to fulfill all obligations in the event that the Contractor has not fulfilled obligations incurred,

k) allows a supplier to transfer the rights and obligations under the contract without the consent of the consumer, if there is transfer to the deterioration of the collectability or reinsurance claims to consumers.

§ 57

(1) If the consumer contract concluded outside the usual areas for business or supplier unless the supplier has no permanent place of business, the consumer may withdraw from the contract in writing within 14 days of its conclusion, yet failing to meet the supply of goods or services supplier may cancel the contract without giving reasons and without any penalty up to 1 month. This does not apply to contracts for repair or maintenance conducted at the place designated by the consumer at his request, if the supplier has not solicited other than repair or maintenance, or failure to supply goods other than those necessary to perform repairs or maintenance. The supplier is also obliged to return the sums paid by the consumer within 30 days of withdrawal.

(2) The contractor shall notify the consumer in writing the right to withdraw from the contract by the contract, written notice must include designation of the person, which requires us to exercise this right, including the residence or domicile of such person.

(3) In violation of the obligations set out in the preceding paragraph, the consumer has the right to withdraw from the contract within one year after its conclusion.

(4) The provisions of the preceding paragraphs shall not apply to contracts

a) whose object is the construction, sale, lease or other right to property, except contracts for its repair and supply of equipment incorporated into it,

b) the supply of food or other goods for everyday consumption supplied to the permanent process servers household consumer or other place designated by him,

c) the supply of goods or services which have been concluded according to supplier’s catalog, with which the consumer had the opportunity to learn in the absence of the supplier, provided that the parties should continue in the performance of a closed connection or other contracts, and provided that the consumer has the right withdraw from the contract until at least 7 days from receipt of the goods and is familiar with it in the catalog or in the contract,

d) insurance and the Securities Act.

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