Recodification

On 1 January 2014, the new Civil Code, the Companies Act and a number of other regulations came into effect. This recodification of private law is the most substantial change in the Czech legal environment in the past 20 years.

The changes affect all spheres of private life and business.

The main objectives of the new legislation is liberalisation, contractual freedom, limiting government involvement in business and private lives, and expanding on the options for legal proceedings with new concepts and legal instruments. The former Commercial Code and dozens of other acts are no longer in force, and many new laws and regulations have been put in place. Changes have been made relating to the regulation of private individuals and legal entities, including companies, rights in rem, contracts, damages, as well as inheritance and family law.

In addition to liberalisation and contractual freedom, the new legislation regulates the protection of weaker parties in contracts, increased personal liability for the performance of offices in company bodies, and liability in general for exercising a right in good faith. The current rigidness of rules and their interpretation will no longer exist, and what was completely invalid in the past does not necessarily need to be invalid today.

On the whole, this brings new opportunities to all spheres of life and business as well as new risks for those who are not familiar with the new law, who are not prepared, or who do not react to the new legislation.

Preparations should be made for the new legal environment. We would, therefore, like to inform you of our experience and approach relating to this area. We hope that this information will be useful for you.

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Jaroslav Havel,

Managing Partner

RECODIFICATION NEWS

In order to help our clients understand the changes that will occur in private law after 1 January 2014, we publish on a regular basis Recodification News as special editions of the legal news bulletins focusing on the main areas and topics of private-law recodification. In addition, our legal experts deal with the new Civil Code and the Companies Act in other articles and publications.

SEMINARS AND WORKSHOPS

Since the autumn of 2012, we have been organising a number of educational seminars and workshops for our clients covering the changes relating to the new Civil Code and the Companies Act in areas such as contract and corporate law or real estate law. We will continue to organise these seminars in 2014 as well.

PUBLICATIONS

Furthermore, we have prepared for you an executive summary of the key changes relating to the new legislation that will have an impact on the business activities and everyday lives of entrepreneurs and companies, including a summary of how the new rules will affect the relationships and agreements in existence before 1 January 2014 and recommendations on how to prepare for the new legislation. In addition, we have summarised the important changes in corporate law. We will be happy to provide you with more detailed information upon request.

Please contact us at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Click here for a summary of the main changes relating to the new Civil Code.

(author: JUDr. Milan Hulmák, Ph.D., of counsel and member of the Recodification Committee of the Czech Ministry of Justice).

Click here for a summary of the main changes relating to the Companies Act.

(authors: Mgr. David Neveselý, partner, and Mgr. Michaela Micková).

OUR TEAM

We have a professional and diverse team of lawyers who have in-depth knowledge of the new legislation and the needs of our clients.

Our specialised practice areas reflect the specific business of our clients (applying the “industry approach”). This gives us a good understand of our clients and their businesses. As one team made up of specialists in the various practice areas, we are able to provide our clients with practical solutions across different practice areas. 

We have been helping our clients prepare for the new legal environment since 2012, and hence we have accumulated a wide range of experience. Thanks to the size of our office and the specialisation of our team of lawyers, we are capable of incorporating and applying the new legislation to your business.

Our legal team also includes experts who have directly participated in the preparation of the new regulations or are members of the collectives that have authored commentaries on the new codes (František Korbel, Milan Hulmák, Petr Tégl, Filip Melzer and Dušan Sedláček).

For more information, see the section on the legal team.

UNIQUE KNOW - HOW

We use a unique, tailor-made module of the ASPI legal information system. In this module, we have collected know-how and created a database of information and commentaries on the new legislation over the long term that is shared by all of our lawyers. Hence, the required information is readily available to every lawyer at any time. 

OUR APPROACH

In this respect, we are able to provide our clients with top-quality legal services in the area of private-law recodification. We provide a wide range of legal services such as advice on the individual aspects of recodification, project management and complex analyses, as well as preparation and implementation of the new legislation according to our clients’ needs and their specific fields of business.

Our legal services include preparation of partial analyses and statements, revision and modification of contractual documents, corporate documents and corporate processes, training for key people, consulting issues with specialists, support for the management of internal projects, or legal support over the telephone.

At your request, we would be happy to provide you with more information on our legal services and approach to implementing the new legislation by e-mail.

Please contact us at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Regardless of whether our clients see the recodification of private law as a risk or an opportunity, we are prepared to share our knowledge and experience with them, as well as to help them reduce the risks to a minimum and seize the opportunities provided by recodification.

 
 
 
 
 
 
 
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