New Civil Code

Posted by bara 11/12/2013 at 13h38

Since 1.1.2014 entry into force of the new Civil Code will bring a lot of changes.  Many years judges and people called for a significant modification of the Civil Code, because the current civil code is fragmented and it was adopted in 1964. Since then Czech Republic and its legal system has changed considerably. After ten years, when the new Civil Code has been created, the Czech Republic end up being more modern and democratic with handling of private relations, where the emphasis is on personal rights, the principle of free will and unity in the commitment to the law. The unification of rules is the main objective of the new Civil Code.

paragrafRange of topics in the new Code is really wide and it accompanies us from birth to death. Significant changes were made in inheritance law. You may be able to bequeath picture to museum, money to charity and stamp collection to grandson.

Legatee is not an heir and therefore the testator's debts do not pass to him. Legatee or so does not become a party to the probate proceedings and dependent items can pass to his legacy before the heirs. Newly assets may refer to the condition that the child will inherit only after he will graduate from college. Conditions but the law partially corrects the deceased could not legatee or heir posthumously bully - such condition divorce and many more would be invalid. Code strengthens the will of the testator Institute strengthening the will and the introduction of inheritance contract. In addition there will be heirs’ expansion from four classes to six and also state can be an heir. Newly also creditors will be more satisfied because while today's heirs have to pay the debts of the deceased to the extent of inherited property, according to the new Code they will have to pay debts in full extent ( if they don’t refuse  the inheritance).

Other changes occur in family law, which governs the joint property of spouses, the ability to adopt an adult person or 16 years old person can apply for a grant of legal age. The changes will also undergo tenancy arrangements, such as the deposit will be negotiated up to six times the monthly rent, if there is a gross breach the owner will have the right to terminate the contract without notice and he does not need to arrange housing for tenant as compensation.

The new Civil Code also seeks to consolidate ownership of the land and buildings standing on it. Now it is possible that house and land had different owners. In future the same person must be owner of house and owner of land. The new Code provides that the animal isn´t a thing.

Under the new Civil Code when somebody attacks an animal, attacker has to pay a treatment of the animals and owners emotional injury. The emotional costs are related to the special “price of popularity” - when someone intentionally destroys for example family photos, which have tremendous value for the owner, he will have to pay the "price of popularity". Under today's law you are entitled to a maximum of photos production costs. Special price of popularity may yet be variable and it depends on the court.

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