Law No. 89/2012 Coll. Civil Code Law No. 89/2012 Coll. Civil Code ...

. Law No. 89/2012 Coll. Civil Code
Law No. 89/2012 Coll. Civil Code PLEASE NOTE: The following text has been translated using machine
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(Valid from January 1, 2014)
89/2012 Coll.
ACT
of 3 February 2012
Civil Code

Parliament passed this Act of the Czech Republic:

PART ONE
GENERAL

TITLE I
SUBJECT AND BASIC PRINCIPLES

Part 1
Private law

§ 1

(1) The provisions of law governing the mutual rights and obligations of
the parties as a whole creates a private right. The application of private
law is independent of the application of public law.
(2) if not prohibited by law specifically, they can negotiate those
rights and obligations, notwithstanding the law, prohibited agreements are
in violation of good morals, public order or law regarding the status of
persons, including the right to privacy.

§ 2

(1) Each provision of private law can be understood only in accordance
with the Charter of Fundamental Rights and Freedoms and the constitutional
order at all, the principles that underlie the law, as well as constant
attention to the values which it protects. Breaks to the interpretation of
individual provisions only in his words, with this command, he must
retreat.
(2) the statutory provision can not attach a different meaning than what
comes from his own words in their sense of mutual respect and a clear
intention of the legislature, but one must not rely on words act against
his sense.
(3) The interpretation and application of the law must not be contrary
to good morals, and must not lead to cruelty or recklessness offensive
ordinary human feeling.

§ 3

(1) Private law protects the dignity and freedom of man and his natural
right to marry one's own happiness and the happiness of his family or
people close to him in such a way that does not unreasonably harm the
other.
(2) Private law is based mainly on the principles that
a) everyone has the right to protect their life and health, as well as
freedom, honor, dignity and privacy,
b) family, parenthood and marriage enjoy special legal protection
c) no person shall lack for age, or reason for the dependence of its
position suffer unwarranted damage, but no one should also not unduly
benefit from their own inability to the detriment of others,
d) the pledge agreement and agrees to be met
e) property right is protected by law and only law may determine how
property right arises and ceases, and
f) no one can deny what he rightfully belongs.
(3) private law derives also from other generally recognized principles
of justice and law.

§ 4

(1) It is understood that each person enjoys the full rights to sense
the average person the ability to use it with ordinary care and diligence,
and that each of her legal transactions can reasonably expect.
(2) When a legal system dependent effect on one's knowledge is meant
knowledge of what a reasonable person familiar with the case when
knowledgeable consideration of the circumstances, it had to be in her
position clear. This applies if the laws of combining a result of the
existence of doubt.

§ 5

(1) Whoever publicly or in contact with another person logs on to a
professional performance as a member of a profession or status, it makes
clear that it is able to act with knowledge and care that comes with their
profession or status of the connection. The case without this specialized
care, it goes to its weight.
(2) Against the will of the parties can not challenge the validity of a
legal nature or just because he acted the one who does their job required
permissions, or to whom the activity is prohibited.

§ 6

(1) Everyone has the duty to act in legal transactions honestly.
(2) No person may benefit from their dishonest or illegal act. No one
may even benefit from the infringement which caused or which it controls.

§ 7

It is understood that the one who acted in a certain way, acted honestly
and in good faith.
§ 8

Obvious abuse of rights does not enjoy legal protection.
Part 2
Use the rules of civil

§ 9

(1) The Civil Code regulates the personal status of individuals.
(2) Private rights and obligations of personal and financial nature are
governed by the Civil Code to the extent that they do not is other
legislation. The practice can look then invokes the law to them.

§ 10

(1) If you can not decide a legal case on the basis of an express
provision shall be assessed pursuant to the provisions concerning the legal
case in terms of content and purpose of the rule under consideration of the
case the next.
(2) If no such provision, consider the case on legal principles of
justice and principles which underlie this law, so as to arrive at with
regard to the habits of private life, taking into account the state of
legal doctrine and practice, settled for good decision-making rights
organization and obligations.

§ 11

General provisions on the creation, modification and termination of
rights and obligations of the obligations in Part Four of this Act shall
apply mutatis mutandis to the creation, modification and termination of
other private rights and obligations.

Part 3
Privacy Rights

§ 12

Anyone who feels in his right truncated, it may seek protection in the
enforcing authority, public authority (hereinafter referred to as "public
authority"). Unless the law stipulates otherwise, the public authority in
this court.
§ 13

Anyone who seeks legal protection may reasonably expect that his legal
case will be decided the same way as any other legal case that has already
been decided and who, with his legal cases agree in essential characters,
was the legal case decided otherwise, each who is seeking legal protection,
the right to a convincing explanation of the reason for the deviation.

§ 14
Self-help

(1) Anyone can adequately support their right to itself, if jeopardized
his right and it is clear that the intervention of public authorities has
come too late.
(2) If there is unauthorized interference with the right immediately, it
can be anyone who is so threatened, divert effort and resources that the
person in his position must appear under the circumstances as appropriate.
If directed, self-help only to establish the right which would otherwise be
wasted, it must be the one who stepped up to it, go without delay to the
competent public authority.

TITLE II
PERSONS

Part 1
General Provisions

§ 15

(1) The legal personality is the ability to have law limits the rights
and obligations.
(2) the capacity to acquire legal capacity to act with his own legal
rights and commit to the duties (legal act).

§ 16

Legal personality or incapacitation could never surrender or in part; to
do so is to disregard it.

§ 17

(1) The rights and may exercise only the person. The obligation may