Právní poznání v praxi

The Supreme Administrative Court held that a neighbour may object to insufficient parking at an adjacent development where there is a real risk that cars will park on the neighbour's land.

The Supreme Administrative Court set aside a regional court's judgment for internal inconsistency. The key question: when may inspection records be used as evidence and when is a witness examination required?

The Supreme Administrative Court repeatedly accommodated a man caring for his ill mother — waiving his court fees and transferring the case to a court nearer his home. What follows for practice?

The Supreme Administrative Court examined whether a company could reduce its tax base by an amount from an arbitral award in 2015, after the original contracts had been declared void.

The Supreme Administrative Court refused suspensive effect of a cassation complaint. The reason? Even when asked by the court, the applicant did not show what harm he actually faced.

The Supreme Administrative Court quashed a demolition order. The authority must prove that the structure actually required a permit under the law in force when it was built.

The Supreme Court resolved a key question: is a contract transferring a share in a not-yet-existing company valid? The answer will surprise many lawyers and entrepreneurs.

The Supreme Court confirmed that a landlord must deliver a proper utility statement within four months. Otherwise a penalty of CZK 50 per day looms — and the courts need not reduce it.

A construction company ordered three cranes, but there were too few to lift the pipework. Who pays the multi-million-crown loss? The Supreme Court ruled clearly.

The Supreme Administrative Court rejected a lawyer's objection of bias, who felt aggrieved by the court's procedure in deciding on fee exemption.

The insolvency administrator couldn't get the vehicle's registration removed from the register, even though she had sold it a long time ago. The authorities insisted on formalities, but the court dismissed their demands.

The Constitutional Court addressed a case of dual apartment tenancy. Landlords demanded rent from the original tenant, even though someone else was already occupying the apartment. Where is the line drawn for exercising one's rights?

The Constitutional Court overturned the decisions of the criminal courts in a disputed car sale case. The courts violated the rights of the accused by evaluating crucial surveillance footage without proper evidentiary proceedings.

The company was acquitted, but did not obtain compensation for lost profits from the seized millions. The Supreme Court explained why success in criminal proceedings is not enough.

Since 2026, courts have stopped investigating who is responsible for the breakdown of a marriage. How does this change affect divorce proceedings, and why is it good news for everyone?

The Chamber of Deputies is debating a bill that bans greenwashing, tightens the rules on consumer reviews and extends the guarantee period after repair. What does it mean for businesses?

Buyers discovered serious hidden defects in a family house and rescinded the contract. The seller fought it all the way to the Supreme Court — and lost. What follows for practice?

According to the Supreme Court (26 Cdo 2057/2025), § 2234 o.z. must be interpreted as meaning that the lessor may retain only things owned by the lessee. No vendor refrigerators, no leasing machines, no third party goods.

The legal regulation of housing cooperatives is currently enshrined in Section 727 et seq. of Act No. 90/2012 Coll., on commercial corporations (hereinafter referred to as the “Commercial Corporations Act” or “ZOK”), where it is a special amendment to the general legislation of the cooperative. Ne,.

In the case of the deposit of the right of ownership in the real estate register to real estate properties that are acquired in SJM according to Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), there may be a problem when only one of the spouses will be registered in the real estate register as the owner of the immovable property. Such a situation occurs if only one of the spouses concludes a purchase contract for the purchase of real estate, and subsequently submits a proposal for a deposit without the knowledge of the other. In this case, the cadastre does not examine whether the real estate is acquired in the common property of the spouses or not, allowing and making a deposit of the right of ownership on the basis of a proposal for a deposit and a deed of deposit, which in this case will be in accordance with section 15 (1) of Act No. 256/2013 Coll., on the cadastre of real estate, a purchase contract concluded with only one of the spouses as the acquirer of the property.

This article presents the current case law on acquiring another person's land by prescription where the boundaries between plots have not been physically marked out or have been marked out incorrectly. It does not address the conditions for an action to determine disputed boundaries; it concerns cases in which the boundaries have been marked out and their course is not in dispute, but in which, until they were marked out, the plots were used inconsistently with them.

The question of the determinacy and intelligibility of contracts for work has arisen many times in the decision-making practice of Nejvyšší soud (the Supreme Court), and the case law on the point may be described as settled. The part of such contracts most frequently assessed by the Supreme Court for determinacy is the definition of the subject matter of the work itself - what is in fact to be produced. That is hardly surprising, since for the customer, too, what matters most (besides the price) is what he is to receive from the contractor in return for his (typically financial) performance.

The Institute of Contractual Penalty is an important instrument in civil law for the consolidation of obligations. Its function is primarily preventive, punitive and hedging, the purpose of which is to motivate the debtor to fulfill the obligation, while at the same time providing the creditor with the assurance of quick and relatively easy satisfaction in the event of a breach of obligation. At the same time, however, there is a danger of excessive contractual penalties, which would lead to a disproportionate burden on the debtor. Therefore, the legislator in Section 2051 of the Civil Code (hereinafter referred to as “OZ”) enshrined the possibility of moderation of the contractual penalty.

In a recent decision (27 Cdo 1993/2023), the Supreme Court clarified an important question: can a tax administrator demand payment of a public debt — such as a fine — directly from a company executive if he has breached his duty of care to a proper manager?

Objective liability of the vehicle operator is an important institution of administrative law, which serves to effectively punish road traffic violations, especially in cases where it is not possible to identify the specific offender. This legal institute was introduced by an amendment to Act No. 361/2000 Coll., on Traffic on Road Roads (hereinafter referred to as the “Act on Traffic on Road Roads”), effective from 19 January 2013.

The Civil Code (hereinafter referred to as the “OZ”) regulates the institution of subletting in two places, in the general provisions on rent (§ 2215 and § 2216) and in the subsection on the special provisions on the rent of an apartment and house (§ 2274-2278).

The Supreme Court in its decision of 17.9.2025, sp. zn. 25 Cdo 2087/2024 stated that the right of a parent to stay with a hospitalized child is not absolute. In this case, it was a mother who wanted to spend the night in intensive care with her month-old son. The paramedics allowed her to stay awake at the bedside, but not to sleep, because the ward was not spatially or technically adapted for this. The lawsuit for apology and compensation was dismissed by the courts.

Under Section 1017 of the Civil Code, neighbors must refrain from planting trees in close proximity to the land boundary. The law establishes a simple rule:

The government has tabled an amendment to the Consumer Protection Act and the Civil Code, taking over the new rules from the EU. In practice, this means the end of free claims such as “eco”, “sustainable” with no verifiable basis, a ban on false or manipulated reviews and penalties for hidden “bullets” that shorten the life of products.

The Constitutional Court in its finding of 26 November 2025, sp. no. The pl. ÚS 31/24, rejected the Supreme Court's motion to repeal the provision of Section 41 (3) of the Labour Code, which allows an employer to transfer an employee even without his consent to a type of work other than that agreed in the employment contract — typically, for example, in a situation where the employee is unable to perform his original job due to his health condition. The Supreme Court argued that this arrangement conflicted with the right to free choice of profession and the right not to be subjected to slavery, serfdom, and forced labor and service.

It is worth setting out at the outset the difference between a claim for compensation for an increase in value and a claim for reimbursement of costs. Costs are the funds expended on altering a thing (a property). The increase in value is the amount by which that alteration raised the value of the thing. Not every cost incurred by a tenant therefore raises the value of the property; on the contrary, a wholly unsuitable alteration may even reduce it.

Learn about the pro bono activities of Řezníček & Co. and the law firm’s approach to providing free legal assistance.

Dočasná pracovní neschopnost ("(...) je stav, který pro poruchu zdraví nebo jiné důvody uvedené v NemPoj neumožňuje pojištěnci vykonávat dosavadní pojištěnou činnost."1)) představuje právní institut, jehož primárním úkolem je ochrana zaměstnance. Tento institut je zakotven v pracovním právu a jeho účelem je zajistit zaměstnanci dostatečný čas na zotavení bez ztráty příjmu. Nicméně, v praxi se mohou vyskytovat případy, kdy zaměstnanci zneužívají tohoto práva a porušují pravidla spojená s dočasnou pracovní neschopností. Tento článek se zaměřuje na právní rámec a důsledky porušování dočasné pracovní neschopnosti zaměstnancem a nabízí přehled opatření, která mohou zaměstnavatelé přijmout k prevenci a řešení těchto situací, a to vůči zaměstnancům samotným.

Section 55 of Act No. 262/2006 Coll., the Labour Code, gives the employer a wholly exceptional power to end an employee's employment on the spot. Setting aside subsection (1)(a), which covers criminal offences and states the conditions clearly, subsection (1)(b) allows the employer to terminate employment immediately where the employee has breached a duty arising from legislation relating to the work performed in a particularly gross manner.

The partnership under civil law and the silent partnership are institutions of the law of obligations placed side by side in the Civil Code. A striking feature they share, setting them apart from most other obligations, is that neither rests on the principle of counter-performance and opposing interests of the parties. Their essence lies in cooperation between the parties in pursuit of a common purpose, an aspect reflected, among other things, in the partners' right to information. A further common feature is the absence of legal personality, even though the term "partnership" may be misleading in this respect. The rules on the two obligations were brought closer still by the abandonment of the mandatory written form that the Commercial Code required for the contract of silent partnership. Looking at the essence of the partnership under civil law and of the silent partnership, we find that the silent partnership is merely a particular type of partnership under civil law. 1)

The abbreviation "FIDIC" derives from the French name of the International Federation of Consulting Engineers (Federation Internationale Des Ingenieurs-Conseils), an international non-governmental organisation founded as early as 1913 which brings together national associations of consulting engineers. In Czech legal practice, however, "FIDIC" denotes above all the standard forms of contract drawn up by that federation, which are very frequently incorporated into works contracts concluded in tender procedures governed by Act No. 137/2006 Coll., on Public Procurement. 1

Title to the assets and liabilities of a business company, or to part of them, need not pass to another company under a contract of sale alone. Another route is a transformation of the company - although what then occurs is not a transfer of the assets and liabilities (or part of them) but a passing of title.

How Czech insolvency affects individual enforcement. Different rules apply when proceedings begin and when insolvency is declared; statutory exceptions matter.

On 25 May 2018 a regulation that virtually everyone has heard of took effect: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR).

A seller transfers title to a buyer; the contract is later avoided and treated as invalid from the outset. If the buyer has meanwhile sold the thing on to a good-faith purchaser, Czech law protects the purchaser, not the original owner.

Monitoring the quality of work is one of the aspects every employer must build into its business strategy. Although cases of extreme interference with employees' rights attract media attention, the overwhelming majority of employers have no interest in the latest news from their employees' lives, only in compliance with the workplace rules, in safety and in protecting the employer, the employees themselves and their property.

Copyright protection is governed by Act No. 121/2000 Coll., the Copyright Act. Under the express wording of Section 2(2) of that Act, a computer program also qualifies as a work of authorship, but only where it is original in the sense that it is the author's own intellectual creation.

The place of work is a mandatory element of a Czech employment contract. How it is defined decides whether the employer may pay the wage in euros — and how the exchange rate is calculated.

Legal relations governing the international carriage of goods by road are regulated primarily by international law, with national legislation applying only in a subsidiary manner where the international rules so permit or where they leave the matter unregulated. The basic instrument governing the international carriage of goods by road is the Convention on the Contract for the International Carriage of Goods by Road, known in short as the CMR Convention.

The amendment to Act No. 435/2004 Coll., on Employment (the "Employment Act"), effective from 5 January 2012, imposed a new statutory duty on every legal and natural person to keep at the workplace copies of the documents proving the existence of the employment relationship and of the documents it must retain under Section 102(3) of the Employment Act. For completeness, Section 102(3) of the Employment Act also requires an employer who employs foreign nationals to keep available at the workplace the documents proving the lawfulness of the foreign national's stay in the territory of the Czech Republic.

Arbitration is an increasingly popular means of resolving disputes, owing above all to its speed compared with civil court proceedings. On closer examination, however, it becomes clear that, like any other institution, it carries a number of drawbacks alongside its advantages, chiefly those flowing from its single-instance character. One of them is an arbitral award which, whether in part or in whole, fails to reflect the course of the proceedings and the parties' legitimate expectations.

Czech childcare rules from 2026: care by both parents, agreements, the extent of care and child maintenance. Earlier court orders remain relevant.

Every shareholder of a Czech limited liability company should know what the law gives them to protect their interests. One such remedy is the right to have a resolution of the general meeting declared invalid.

On 25 May 2018 the much-discussed Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, the GDPR), took effect.

When lifetime gifts affect an inheritance share or compulsory share under Czech law. Conditions, valuation and a worked example of bringing a gift into account.

Every company is different. Except where there is a sole shareholder or equal holdings, shareholdings differ in size — and with them the ability to steer the company. Czech law lets the articles of association build in brakes.

The contract for work is among the most frequently concluded contract types; the work may consist in the creation of a new thing, in the repair, modification or maintenance of a thing, or in an intangible result of the contractor's activity. This contract type is governed by Section 2586 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”).

The amendment to Act No. 435/2004 Coll., on Employment (the "Employment Act"), made by Act No. 1/2012 Coll., introduced with effect from 5 January 2012 a new regime of liability, in the form of a statutory guarantee, for legal and natural persons that enable a foreign national to perform illegal work or that supply performance within a commercial relationship as a subcontractor, directly or through another person, or act as an intermediary.