Foreign trusts in the Czech Republic: mostly recognized and (sometimes) registered

2020 ◽  
Vol 26 (6) ◽  
pp. 527-533
Author(s):  
Kateřina Ronovská ◽  
Vlastimil Pihera
Keyword(s):  
Czech Republic ◽  
Legal System ◽  
Private Law ◽  
The Czech Republic ◽  
Trust Funds

Abstract In connection with the recodification of private law in effect from 2014, several innovations have appeared in the Czech legal system. Among them were trust funds, i.e. Czech trust-like instruments, as well as rules for recognizing foreign trust structures. Although their position has significantly improved as a result, the operation of foreign trust structures in the Czech Republic still gives rise to some questions to which the current Czech law does not have any clear answers. Drawing attention to those issues, the aim of this article is to suggest some measures that can be taken in order to limit the risks arising in relation to foreign trusts.

VALIDITY AND LEGAL EFFECT OF PUBLISHING LICENSE AGREEMENTS ACCORDING TO NEW CZECH LEGISLATION

2021 ◽  
Author(s):  
Lydie Tallova
Keyword(s):  
Czech Republic ◽  
Historical Context ◽  
Legal Protection ◽  
Civil Code ◽  
Copyright Law ◽  
Private Law ◽  
License Agreement ◽  
Industrial Property ◽  
The Czech Republic ◽  
Legal Norms

"This contribution focuses on the new legislation on the publishing license agreement in the Czech Republic. Given the legislative history and its importance in the copyright obligation area, this type of agreement occupies an essential position. The publishing license agreement is the oldest kind of license agreement. It dates back more than sixty years to earlier of the Czech legislation. Since 1953, it has been embedded in the the copyright law as a special subtype of copyright agreements. After the recent reform of the Czech private law, this legal body underwent a fundamental legislative change consisting of the transfer of this piece of legislation from the copyright law to the New Civil Code in order to unify the duality of the previous license agreement legislation formerly embedded in two legal norms of the Czech legal system. While the license provisions for literary, artistic and scientific works were contained in the copyright law provisions, the legal protection for industrial property objects, including corresponding license provisions, were subject to the commercial code. In connection with the private law reform, the New Civil Code came into effect on 1 January 2014 and its framework provided the lawmakers with a chance to unify the previously fragmented license agreement legislation into a single legal provision, while at the same time respecting the particularities of the license under copyright law. The unified license agreement legislation for commercial and civil relations in connection with the reform of local private law is newly defined in Sec. 2358 and 2389 of New Civil Code (Act No. 89/2012 Sb.), while the publishing license agreement provisions are defined in a special provision in Sec. 2384 and 2386 thereof. The new legislation has adopted the previous legislation from both special acts without any fundamental changes. However, minor changes are introduced to licensing law in the Czech Republic which are further specified in this paper. The issue under review is set in a theoretical framework and simultaneously depicted in a historical context. This paper presents the topic in its complexity by highlighting the overlap of the introduced changes in license agreement legislation with other provisions of the private law."

National Report for the Czech Republic

2012 ◽  
Keyword(s):  
Czech Republic ◽  
20Th Century ◽  
Central Europe ◽  
Private Law ◽  
The Czech Republic ◽  
The Past ◽  
National Report

The extent to which history is determinative of, or even relevant to, the present is of course subject to an old and inconclusive debate. There seems to be no guarantee that great social traditions and achievements of the past will be preserved to the present day, no matter what the effort. Conversely, however, if a society works hard at destroying its institutions and persists with this programme for decades, it is quite likely to succeed, as evidenced by the sad story of private law in several jurisdictions in central Europe in the second half of the 20th century.

scholarly journals Trust funds in the Czech Republic

2021 ◽  
Vol 2020 (3-4) ◽  
Author(s):  
Michal Šindelář -Tereza Čudová
Keyword(s):  
Czech Republic ◽  
The Czech Republic ◽  
Trust Funds

scholarly journals Practical application of Article 9 of the Aarhus Convention in EU countries: Some comparative remarks

elni Review ◽  
2009 ◽  
pp. 74-78
Author(s):  
Pavel Černý
Keyword(s):  
Czech Republic ◽  
Legal System ◽  
Spatial Planning ◽  
Legal Protection ◽  
Access To Justice ◽  
Practical Application ◽  
The Czech Republic ◽  
Aarhus Convention ◽  
Definition Of ◽  
Ec Law

Application of the Aarhus Convention in practice of its parties (including the European Communities) has been reflected recently by several representative studies. In spite of their partial differences, these studies come to similar conclusions with regard to the chief insufficiencies in implementation of requirements concerning access to justice in environmental matters according to Art. 9 of the Convention. This article discusses several specific topics from this field, which can be considered crucial for legal protection of the environment in practice. More concretely: definition of terms for access to justice by individual members of public (“standing conditions”); scope of the court review of act and omissions, related to the environment; effectiveness of a court review, particularly its timeliness. Next to the above mentioned studies, the article also refers to the contributions and discussions presented at the „International conference on the implementation of the Aarhus Convention in practice” (hereinafter “the Conference”), which was organised in April 2009 in Brno, the Czech Republic, within the scope of the Czech EU presidency. A few more general but related aspects are touched upon, namely the position of the Convention in the legal system of its parties and its relation to the EC law. The article is based namely on the outcomes of the projects concerning the NGO experience with using the Aarhus Convention in practice, sponsored by International Visegrad Fund and Ministry for Housing, Spatial Planning and Environment of the Netherlands.

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