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.