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Knock of the hammer - the need to investigate the existence of a ground for suspension of execution

The courts are obliged to deal on merits in the appeal proceeding from the resolution of knock-down with the objection that at the time of the auction there was a reason to stop the execution. If the objection is justified, the auction already carried out can be reversed by amending the knock-down resolution so that the knock-down is not awarded to the auctioneer.

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Partial suspension of execution even in the event of a final court decision

The Czech Constitutional Court allowed a partial suspension of the execution conducted on the basis of a final court decision in the case of an unreasonable amount of accessions.

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Running the warranty period in case of defects of common parts of the building

The warranty period for exercising the rights to eliminate the defect (or even the rights from the current legal liability for defects) regarding defects in common parts of the building begins to run in the same way as in the case of defects in the residential unit after entering the purchase agreement in the Land Register. Purchaser protection must therefore cover all items that are the subject of the purchase.

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Issuance of the securing order

The tax authority must properly define the grounds for issuing the securing order and rely on the described facts which are true.

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New interpretation of contractual penalty moderation

The Supreme Court of the Czech Republic, by decision of 11 April 2018, file no. 31 Cdo 927/2016 brought relatively fundamental novelty of interpretation to the possibility of moderating the contractual fine.

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Processing of personal data - excessive consent

Administrators repeatedly require their customers, clients or cooperating entities to process personal data where this is not required by the GDPR Regulation.

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