Changing The Rules On Personality Protection

In 2010, the Czech Government began with the draft of a new Civil Code which is to be passed by the Czech Parliament at the end of this year. However, while the new Civil Code should be in force by January 2013 at the earliest, case law has been developing regardless of any legislative aims.

Thus, we want to point out one important decision of the Higher Court in Olomouc, file No. 1 Co 2/2010 which has the potential to change the past incoherent practice of the general courts regarding the protection of personality rights under the Czech Civil Code even without the help of any appropriate legislative means.

Damages according to the Czech Civil Code

The Czech Civil Code contains provisions on damages which stipulate general provision both for the compensation for pecuniary and non-pecuniary damage. In particular, under sec. 444 of the Civil Code, it is provided that (1) an injury to health, pain suffered and aggravation of the social position of the