Law No. 89/2012 Coll. Civil Code Law No

Total Page:16

File Type:pdf, Size:1020Kb

Law No. 89/2012 Coll. Civil Code Law No Law No. 89/2012 Coll. Civil Code Law No. 89/2012 Coll. Civil Code PLEASE NOTE: The following text has been translated using machine translation and may therefore contain misleading information. Should you wish to engage in legal cases, use either quality translations or professional legal services. If you find a translation incomprehensible, contact us – we will try to provide a better one. (Valid from January 1, 2014) 89/2012 Coll. ACT of 3 February 2012 Civil Code Parliament passed this 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.
Recommended publications
  • The German Civil Code
    TUE A ERICANI LAW REGISTER FOUNDED 1852. UNIERSITY OF PENNSYLVANIA DEPART=ENT OF LAW VOL. {4 0 - S'I DECEMBER, 1902. No. 12. THE GERMAN CIVIL CODE. (Das Biirgerliche Gesetzbuch.) SOURCES-PREPARATION-ADOPTION. The magnitude of an attempt to codify the German civil. laws can be adequately appreciated only by remembering that for more than fifteefn centuries central Europe was the world's arena for startling political changes radically involv- ing territorial boundaries and of necessity affecting private as well as public law. With no thought of presenting new data, but that the reader may properly marshall events for an accurate compre- hension of the irregular development of the law into the modem and concrete results, it is necessary to call attention to some of the political- and social factors which have been potent and conspicuous since the eighth century. Notwithstanding the boast of Charles the Great that he was both master of Europe and the chosen pr6pagandist of Christianity and despite his efforts in urging general accept- ance of the Roman law, which the Latinized Celts of the western and southern parts of his titular domain had orig- THE GERM AN CIVIL CODE. inally been forced to receive and later had willingly retained, upon none of those three points did the facts sustain his van- ity. He was constrained to recognize that beyond the Rhine there were great tribes, anciently nomadic, but for some cen- turies become agricultural when not engaged in their normal and chief occupation, war, who were by no means under his control. His missii or special commissioners to those people were not well received and his laws were not much respected.
    [Show full text]
  • Comparative Commercial Law of Egypt and the Arabian Gulf
    Cleveland State Law Review Volume 34 Issue 1 Conference on Comparative Links between Islamic Law and the Common Law: Article 12 Cross-Cultural Interaction between Islamic Law and Other Legal Systems 1985 Comparative Commercial Law of Egypt and the Arabian Gulf Ian Edge University of London Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Commercial Law Commons, and the Comparative and Foreign Law Commons How does access to this work benefit ou?y Let us know! Recommended Citation Ian Edge, Comparative Commercial Law of Egypt and the Arabian Gulf, 34 Clev. St. L. Rev. 129 (1985-1986) This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. COMPARATIVE COMMERCIAL LAW OF EGYPT AND THE ARABIAN GULF IAN EDGE* I. INTRODUCTION ........................................ 129 II. COLONIAL RULE ....................................... 130 A. Ottoman Turkey .................................. 131 B . Egypt ............................................ 131 III. POST SECOND WORLD WAR TO 1970 ..................... 132 IV. THE DECADE OF 1970 To 1980 .......................... 134 V. FROM 1980 TO PRESENT ................................ 136 VI. MODERNIZATION OF LAW IN THE ARABIAN GULF .......... 138 A. Practice of Law ................................... 138 B . Legislation ......................................
    [Show full text]
  • On the Structure of a Civil Code
    Louisiana State University Law Center LSU Law Digital Commons Journal Articles Faculty Scholarship 1970 On the Structure of a Civil Code Alain A. Levasseur Louisiana State University Law Center, [email protected] Follow this and additional works at: https://digitalcommons.law.lsu.edu/faculty_scholarship Part of the Law Commons Repository Citation Levasseur, Alain A., "On the Structure of a Civil Code" (1970). Journal Articles. 336. https://digitalcommons.law.lsu.edu/faculty_scholarship/336 This Article is brought to you for free and open access by the Faculty Scholarship at LSU Law Digital Commons. It has been accepted for inclusion in Journal Articles by an authorized administrator of LSU Law Digital Commons. For more information, please contact [email protected]. ON THE STRUCTURE OF A CIVIL CODE ALAIN LEVASSEUR* INTRODUCTION The civil code has always been for the civil lawyer one of those rich fertile fields in which one can, with some intelligence, reflection and shrewd ness, harvest the fruits of one's creative efforts. Harvests seem to be endless: they appear more and more beautiful and elaborate, so much so that the instrument one hand les, the tool that helps to engender so many highly sophisticated intellec­ tual works, is relegated to the background. We should like here to lean for a little while on this instrument, on its outlook or its shape, on its formal structure, rather than on its intellectual con­ tent. We thereby hope to honor the memory of our deeply revered professor and prominent colleague, Clarence J. Morrow, whose skill, dexterity and perfect knowledge of the Louisiana Civil Code had always been a subject of wonder and admiration on the part of his students and fellow scholars.
    [Show full text]
  • Civil Code of the Republic of Armenia
    CIVIL CODE OF THE REPUBLIC OF ARMENIA DIVISION 1.GENERAL PROVISIONS............................................................................................................. 6 Chapter 1. Civil Legislation and Other Legal Acts Containing Norms of Civil Law..................................... 6 Chapter 2. The Origin of Civil Law Rights and Duties. Exercising Civil Law Rights .................................. 7 Chapter 3. Protection of Civil Law Rights..................................................................................................... 8 DIVISION 2. PERSONS (SUBJECTS OF CIVIL LAW RIGHTS) .............................................................. 10 Chapter 4. Citizens....................................................................................................................................... 10 Chapter 5. Legal Persons............................................................................................................................. 16 § 1. Basic Provisions.................................................................................................................................................. 16 § 2. Commercial Organizations.................................................................................................................................. 20 §3. Cooperatives ........................................................................................................................................................ 30 §4. Noncommercial Organizations............................................................................................................................
    [Show full text]
  • Product Liability Law in Egypt: an Overview of Some Civil and Commercial Code Rules
    ALQ_f14_276-285 10/5/05 22:58 Page 277 PRODUCT LIABILITY LAW IN EGYPT: AN OVERVIEW OF SOME CIVIL AND COMMERCIAL CODE RULES Howard L. Stovall* Egyptian law governing “product liability” has traditionally been found in general Civil Code principles on contract or tort (wrongful act; in Arabic: e u ‰≠µLa‰£í Òµ™La). More recently, the Egyptian legislature enacted a new Commercial Code, including some significant additional rules on product liability. The Egyptian legal system adjudicates many so-called product liability lawsuits each year. However, experience suggests that such lawsuits do not occur with the same relative frequency as found, for example, in the U.S. legal system. Of course, there are fundamental differences between the U.S. and Egyptian legal systems. The Egyptian legal system (including its judicial structure and procedures, as well as its substantive laws) is largely a civil law system, along the lines of European continental civil law systems. Product liability lawsuits brought before the Egyptian courts involve civil law concepts of contractual and tort liability, with the judge determining both questions of law and assessment of fact—juries are not a feature of the Egyptian judicial system. Similarly, the U.S. legal concept of puni- tive damages (i.e., awards that exceed a private party’s actual damages suffered) does not exist in Egypt, and class action lawsuits are not a promi- nent feature of the Egyptian judicial system. 1. Egyptian Civil Code The Egyptian Civil Code discusses various sources of obligations, the most important of which for present purposes are contract and tort.
    [Show full text]
  • LAND CODE of the REPUBLIC of ARMENIA (Passed on 2 of May, 2001) Taking Into Account the Nature Protection, Economic and Social
    LAND CODE OF THE REPUBLIC OF ARMENIA (Passed on 2nd of May, 2001) Taking into account the nature protection, economic and social significance of the land, for which it is used and protected as the warranty of vital activity of the population of the Republic of Armenia, the Land Code defines the basic directions of State regulatory system improvement concerning land relations, development of various organizational and legal forms of land economy, fertility of land, land use efficiency raise, protection and improvement of an environment – favorable for human vitality and health and the legal framework concerning the protection of the rights on land. Ownership, use and disposition of land must not harm the environment, security and defensibility of the State; must not violate rights and legally defined interests of citizens and other entities. GENERAL PART CHAPTER 1. GENERAL PROVISIONS Article 1. Land legislation and other statutory legal acts that regulate land relations 1. Land legislation includes the corresponding provisions of the Constitution of the Republic of Armenia, the Civil Code, the Land Code and other laws (Hereinafter: laws) of the Republic of Armenia on regulation of land relations, passed according to the Land Code. 2. In cases envisaged by the Land Code and other laws regulating land relations, the State governance bodies and the institutions of local self-governing obtain the right to accept statutory legal acts on the regulation of land relations. 3. The laws and statutory legal acts on regulation of land relations, as well as those envisaged by the Land Code must be of strict correspondence to it.
    [Show full text]
  • Napoleon's France I. Napoleon 1799
    Napoleon’s France I. Napoleon 1799 - 1814, 1815 A. Seized control of the Directory 1. Formed after Committee of Public Safety – 1795 B. Became First Consul – 1799 1. three parliamentary assemblies – debate, vote, advise C. Created a strong central government 1. ended violence and chaos 2. defeated foreign empires invading France D. Crowned himself Emperor of France FOR LIFE - 1804 E. by 1812 – conquered all of western & central Europe F. Forced out of power in 1814 – exiled to Elba 1. humiliating military defeats, especially in Russia G. Returned to rule France in 1815, before his final defeat against the British at city of Waterloo II. Napoleon’s Legacy A. Law Reforms – Napoleonic Code 1. equality for all citizens 2. tolerated different religions 3. advance in career based on merit (you earn it) 4. men given complete authority over wives and children B. Nationalism 1. person’s willingness to work for nation against foreign control (political, economic, cultural) C. Congress of Vienna (Sept 1814 – June 1815) 1. states of Europe gathered after collapse of Napoleon’s Empire 2. redraw the boundaries of Europe & create stronger countries around France 3. Switzerland made neutral The Napoleonic Code Legal System in France Before the Code Napoleon set out to reform the French legal system in accordance with the ideas of the French Revolution. Before the Napoleonic Code, France did not have a single set of laws. Law consisted mainly of local customs. There were also exemptions, privileges, and special charters granted by the kings or other feudal lords. During the Revolution, the last traces of feudalism were abolished and a new legal code was required to address changes in the social, economic, and political structure of French society.
    [Show full text]
  • CIVIL CODE of the REPUBLIC of ARMENIA Adopted by the National Assembly on 5 May 1998 FIRST SECTION GENERAL PROVISIONS CHAPTER 1
    CIVIL CODE OF THE REPUBLIC OF ARMENIA Adopted by the National Assembly on 5 May 1998 FIRST SECTION GENERAL PROVISIONS CHAPTER 1 CIVIL LEGISLATION AND OTHER LEGAL ACTS CONTAINING NORMS OF CIVIL LAW Article 1. Relations regulated by civil legislation and by other legal acts containing norms of civil law 1. The civil legislation of the Republic of Armenia consists of this Code and other laws containing norms of civil law. Norms of civil law contained in other laws must comply with this Code. 2. Civil legislation, as well as the decrees of the President of the Republic of Armenia and the decisions of the Government of the Republic of Armenia containing norms of civil law (hereinafter referred to as “other legal acts”) shall determine the legal status of participants in civil circulation, the grounds for arising and the procedure for the exercise of the right of ownership and other property rights, exclusive rights to the results of intellectual activity (intellectual property), shall regulate contractual and other obligations as well as other property relations and personal non-property relations related thereto. Participants in relations regulated by civil legislation and other legal acts shall be deemed to be natural persons — the citizens of the Republic of Armenia, citizens of foreign states, stateless persons (hereinafter referred to as “citizens”) — and legal persons, as well as the Republic of Armenia and the communities (Article 128). Rules prescribed by the civil legislation and other legal acts shall apply to the relations with the participation of foreign legal persons, unless otherwise provided for by law.
    [Show full text]
  • The History and Development of the Louisiana Civil Code, 19 La
    Louisiana Law Review Volume 19 | Number 1 Legislative Symposium: The 1958 Regular Session December 1958 The iH story and Development of the Louisiana Civil Code John T. Hood Jr. Repository Citation John T. Hood Jr., The History and Development of the Louisiana Civil Code, 19 La. L. Rev. (1958) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol19/iss1/14 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. The History and Development of the Louisiana Civil Code* John T. Hood, Jr.t The Louisiana Civil Code has been called the most perfect child of the civil law. It has been praised as "the clearest, full- est, the most philosophical, and the best adapted to the exigencies of modern society." It has been characterized as "perhaps the best of all modern codes throughout the world." Based on Roman law, modeled after the great Code Napoleon, enriched with the experiences of at least twenty-seven centuries, and mellowed by American principles and traditions, it is a living and durable monument to those who created it. After 150 years of trial, the Civil Code of Louisiana remains venerable, a body of substantive law adequate for the present and capable of expanding to meet future needs. At this Sesquicentennial it is appropriate for us to review the history and development of the Louisiana Civil Code.
    [Show full text]
  • The Status of the Civil Code in Portugal and Other Portuguese-Speaking Countries
    THE CIVIL CODE IN PORTUGAL AND GOA: COMMON HERITAGE AND FUTURE PROSPECTS Dário Moura Vicente Professor of Law at the University of Lisbon I The idea of codification and the codification movement of the 19th Century The word «code» stems from the Latin codex. This was the term used in the Roman Empire to identify the collections of imperial constitutions, the most prominent of which was the Codex Justinianus, of 534, that became the 3rd part of the Corpus Iuris Civilis compiled under the auspices of Emperor Justinian1. In the Middle Ages, codes basically still consisted of collections of laws, arranged in alphabetic, chronological or some other order. They were also called «constitutions», «books» or «ordinances». Their main purpose was to facilitate access to the applicable law, which at that time was still largely fragmentary and scattered2. The modern notion of code is somewhat different. It means a text that contains the fundamental rules that govern a given category of legal relationships, organized according to a scientific criterion3. Codes in this sense only emerged after the French Revolution of 1789. They are, in fact, the product of a revolutionary idea: the principle of equality, which requires the general application of the law. Thus understood, a code should in principle prevail over all local or personal laws, as well as over customs. This paper is based on a public lecture delivered on 18 January 2010 at the Salgaocar College of Law, Panaji, Goa. The author would like to thank Professors Marian Pinheiro and Carmo d’Souza for their kind invitation. 1 Cfr.
    [Show full text]
  • The French Civil Code and Contract: a Comparative Analysis of Formation and Form, 15 La
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Louisiana State University: DigitalCommons @ LSU Law Center Louisiana Law Review Volume 15 | Number 4 June 1955 The rF ench Civil Code and Contract: A Comparative Analysis of Formation and Form Arthur von Mehren Repository Citation Arthur von Mehren, The French Civil Code and Contract: A Comparative Analysis of Formation and Form, 15 La. L. Rev. (1955) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol15/iss4/4 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. The French Civil Code and Contract: A Comparative Analysis of Formation and Form, Arthur von Mehren* This article considers comparatively two basic areas of the French and common law of contracts-formation and form. The topic was chosen, from among the many possible subjects in the field of contract law which would repay comparative study, in part because it touches fundamental questions of contract law. In addition, these two areas of contract law raise sharply (espe- cially if the French law is found upon examination to be su- perior to the common law 2) a problem which transcends the 1. This article is a slightly revised version of a paper entitled "The Code Citil and Contract-A Comparative Analysis of Formation and Form,^ read at the Sesquicentennial Celebration of the Code Napoleon held on December 13, 14, and 15, 1954, at New York University.
    [Show full text]
  • The European Civil Code: “E Pluribus Unum”
    The European Civil Code: “E Pluribus Unum” Guido Alpa* I. EUROPEAN COMMUNITY RESOLUTIONS AND THE CODIFICATION OF “PRIVATE LAW” ....................................................... 1 II. THE PURPOSES AND ADVANTAGES OF A EUROPEAN CIVIL CODE ..................................................................................................... 5 III. CRITICISM OF THE INITIATIVE ............................................................... 6 IV. PROBLEMS OF CODIFICATION ............................................................. 12 V. C ONCLUSION ...................................................................................... 13 I. EUROPEAN COMMUNITY RESOLUTIONS AND THE CODIFICATION OF “PRIVATE LAW” By resolution of May 6, 1994, the European Parliament reconfirmed the resolution made on May 26, 1989,1 concerning harmonisation of certain sectors of private law in Member States.2 The justification for this initiative is illustrated in the preamble, which states on the one hand that the communities have already proceeded with harmonisation of certain sectors of private law, and on the other * Professor of Private Law at the University of Rome “La Sapienza.” Dr.h.c. University Complutense—Hon. Master of Gray’s Inn. 1. O.G. C.158, 28 June 1989, at 400. In Germany the precursor of European codification was Konrad Zweigert, Il diritto comparato a servizio dell’unificazione giuridica europea, 1 NUOVA RIV. DIR. COMM., DIR DELL’ECONOMIA, DIR. SOCIALE 183 (1951). In Italy the precursor was Rodolfo Sacco, I problemi dell’unificazione del diritto
    [Show full text]