Vladimír Urbánek (Kurzy.cz)
Laws  |  February 28, 2013 14:20:34

The government has decided to maintain the effectiveness of the new Civil Code from 1 January 2014

The government has decided to maintain the effectiveness of the new Civil Code of 1 January 2014 and a single collection point from 1 January 2015.

The new Civil Code constitutes a single legal entity which summarizes all private law into one Code. It brings a new, modern décor private law, whose main benefits include greater emphasis on the treatment of personality rights, promoting the principle of free will or uniform regulation obligations.

"We are aware of this great and serious changes. Liberation from Communist Civil Code, which dates from the early 60th years and the introduction of modern civil law, in our opinion, the right move, "said the draft Prime Minister Petr Necas. 'The government agreed that leaving the existing valid state, ie. effectiveness of the Civil Code of 1 January 2014. The effectiveness of laws that relate to a single collection point from the first January 2015. It's a logical stance, the government is naturally inclined to applicable state law, "said Prime Minister Necas.

The new law modifies civil trial

In connection with the new Civil Code, the government approved a draft law on special judicial proceedings. He adjusts the proceedings that are the new Civil Code foreseen. Civil proceedings will now be divided into two separate laws. The current Rules of Civil Procedure shall be adjusted only in dispute.

"The new law on special judicial proceedings adjusted civilian trial in non-contentious matters (eg management of legal capacity, or survivor management),"said Justice Minister Pavel Blazek.

Newly adapted Institutes

Law on special judicial proceedings introduces the following completely new institutes:

  1. Supportive measures in the erosion of the capacity of an adult legally act - proposed measures are compared to the current (restriction and deprivation of legal capacity) minor:
    - Preliminary statement - to the man who watches himself on developing mental disorders, binding will occur, how they continue to be managed his affairs and who has to manage as his guardian,
    - Helping in the decision - unlike proponent guardian not instead of people with disabilities, but it along with her. Contract for help requires approval by the court,
    - The representation of a household member- A child, a mental disorder which prevents separately legally act on approval by the court to represent a member of his household,
    - Limitation of legal capacity - compared to the deprivation of legal capacity, the court may limit the autonomy of man only, temporarily. That is, if not enough when less restrictive measures.
  2. Nezvěstnost - in addition to the declaration of death introduces the notion of judicial declarations missing.
  3. Intervention in integrity - will be the new intervention in the mental and physical integrity requires consent especially one whose intervention is concerned.
  4. Domestic violence - introduces the proceedings on the merits. Obligations imposed injunction participant will be able to be included in the decision on the merits.
  5. The Trust Fund- The founder of the earmark a portion of its assets, and granting her administrator who manages the property for the benefit of certain persons (obmyšleného) or for a specific purpose.

Effect of the Act is designed to 1 January 2014 so that the Act came into force, together with the Civil Code.

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Vláda rozhodla zachovat účinnost nového občanského zákoníku od 1, ledna 2014

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