The Legal 500

Comments on legal basis and main features. The recent financial crisis has shown many of the weaknesses in the current regulatory framework of the financial market - a lack of or insufficiencies in the legal rules on the one hand and a lack of or insufficiencies in the competency and expertise of financial market supervisors and regulators on the other.

After years of uncertainty, in 2011 the Czech Republic finally passed an amendment to the Commercial Code explicitly allowing for the limitation of damages in agreements under Commercial Code between entrepreneurs and companies.

Insolvency proceedings aim mainly to find a complex solution to the financial standing of a debtor who has gone bankrupt according to one of the laws (Act No 182/2006 Sb., on Insolvency and the Methods of its Solution; hereinafter referred to as the “Insolvency Act” ) in the way set forth, especially in order to secure the claims of creditors. In practice, some institutes of the Insolvency Act are used in ways that contrast with its general purpose.

In almost every due diligence involving real estate in the Czech Republic, several legal is-sues emerge which are crucial for the existence (or non-existence) of ownership or other rights regarding real estate established in favour of certain subjects. The following legal issues are typically encountered in due diligence projects. It is important to understand and assess these issues correctly.

legal developments in the energy practice

On 1 January 2011 the new Tax Procedure Code took effect which will regulate tax proceedings in the Czech Republic . As tax proceedings concern almost everybody, as almost everybody pays tax, let us look at what the new Tax Procedure Code will bring.

The Operational Program Research and Development for Innovations (OPRDI) was implemented for public institutions in the industrial research and development sector. The aim of the program is to develop cooperation between universities and industrial enterprises, to support research and development at universities and research institutions, and to highlight supply and demand in the research and development sector. The Ministry of Education, Youth and Sports of the Czech Republic (www.msmt.cz) is charged with managing the program. Knowledge of certain basic principles is useful when using subsidies in compliance with the stipulated rules.

The Directive of the European Parliament and of the Council 2006/123/EC of 12 December 2006, on services in the internal market ("Directive" or "Directive on services") substantially develops the freedom of establishment and freedom of cross-border provision of services under Articles 43 and 49 of the EC treaty. The Directive applies to all types of services except those which are expressly excluded. In the Czech Republic, the Directive on services was implemented by Act No. 222/2009 Coll., on Free Movement of Services that came into force on December 28, 2009.

 

 

Alternative dispute resolution is an important consideration in the Czech Republic, particularly on account of the fact that judicial proceedings in the state courts can take up to several years. Arbitration is currently in common use in the resolution of both national and international disputes.