Karel Marek

Family Enterprise in Czech Civil Code

Abstract For more than two decades the family business enterprises of the first generation (generation of founders) are more and more dominating in the category of today’s small and medium–sized enterprises in the Czech Republic. The necessary legal background defining the legal relationships and rights of all participating persons was, however, limited to general provisions in the Commercial Code that has not solved many of the problems associated thereto. Only in 2012 the new Czech Civil Code, Act. No 89/2012 Coll., introduced the institute of family enterprise as completely new term in the Czech Civil law. The presented paper aims to analyse the key rules of this new legal regulation, focusing on significant aspects of the institute in the context of commercial law and family law, as well as, to highlight the potential weaknesses and gaps existing in the regulation.

Legal Rules on the Purchase Contract under the Czech new Civil Code – – Selected Problems / Právní Úprava Kupní Smlouvy Ve Světle Nového Občanského Zákoníku Čr – – Vybrané Problémy

Abstract The goal of the present paper is to draw attention to some key rules and principles of the purchase contract. After the specification of this contract type we will deal in more details with the defective performance and the procedure of its complaint. As suggest the first assessment and reviews of the application of new legislation in its practical use and by the case law, in the achievement of the objective desired by the NCC - to increase the transparency of the procedure of complaints - the new legislation stacked in the middle of the way. The paper compares the impact of the new the previous and the current regulations, We will use the method of functional analysis as well as the method of legal formalistic comparison. It is obvious that the new rules respect the former régime of commercial contracts. The business sphere has undoubtedly welcomed this feature of the legal regime as the merchandisers are familiar with these rules. The second issue is, however, how this modification in the general regulation meets the expectations of the to provide sufficient legal certainty in the interpretation of contractual provisions and in the access to the protection of their interests by courts in the event of disputes.