Act No. 103 / 1990 Coll.
Law amending and supplementing the Economic Code
Valid
Effective from 01.05.1990
Contents
Čl. I
㤠1
㤠2
§ 3
§ 4
§ 5
㤠9a
㤠18
„Hlava pátá
§ 20
§ 21
§ 22
§ 23
§ 24
㤠24a
§ 24b
§ 24c
§ 24d
§ 24e
§ 24f
§ 24g
§ 24h
§ 24i
§ 24j
§ 24k
§ 24l
§ 24m
„ČÁST ČTVRTÁ A
§ 106a
§ 106b
§ 106c
§ 106d
§ 106e
§ 106f
§ 106g
§ 106h
§ 106i
§ 106j
§ 106k
§ 106l
§ 106m
§ 106n
§ 106o
§ 106p
§ 106q
§ 106r
§ 106s
§ 106t
ČÁST ČTVRTÁ B
§ 106u
§ 106v
§ 106w
§ 106x
§ 106y
§ 106z
§ 106za
§ 106zb
§ 106zc
ČÁST ČTVRTÁ C
§ 106zd
§ 106ze
§ 106zf
§ 106zg
§ 106zh
§ 106zi
§ 106zj
㤠107
㤠111a
§ 111b
㤠119b
§ 119c
§ 119d
§ 119e
㤠126
„Oddíl třetí A
§ 129c
§ 129d
§ 129e
§ 129f
§ 129g
§ 129h
§ 129i
§ 129j
§ 129k
§ 129l
§ 129m
§ 129n
§ 129o
§ 130
§ 131
㤠131a
§ 131b
§ 131c
§ 131d
§ 131e
㤠132
㤠141
§ 142
㤠143
㤠145a
§ 145b
§ 145c
§ 145d
§ 145e
㤠147a
㤠158
㤠159
㤠163
㤠171
㤠179
㤠205
㤠208
㤠241a
㤠250
㤠259
㤠262
§ 263
§ 264
§ 265
§ 266
㤠277
㤠295
㤠298
㤠321
㤠331a
㤠356a
㤠356b
㤠360b
㤠366
㤠375a
㤠378a
㤠382
㤠383
㤠384
㤠384a
㤠389b
㤠393
Čl. II
Čl. III
Čl. IV
Čl. V
Čl. VII
Čl. VIII
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103
THE LAW
of 18 April 1990
amending and supplementing the Economic Code
The Federal Assembly of the Czechoslovak Federal Republic has decided on this law:
Economic Code No. 109 / 1964 Coll., as amended, is amended as follows:
1. The preamble shall be deleted except for the last paragraph. The last paragraph begins with the words "Based on it...."
2. Even up to X, including the title, are released.
Article 3 (1), including reference (1), reads as follows:
(1) The Economic Code regulates relations arising from the business activities of legal and natural persons (hereinafter referred to as "organisations"), authorised to do so under this Act and special legislation, (1) relations in the economic relations of legal persons and property liability in those relations.
(2) The Economic Code also provides for:
(a) State ownership and the exercise and ownership of legal persons, unless governed by special law;
(b) trading companies, silent society, consortium and joint venture;
(c) a business register;
(d) economic fines;
(e) economic management bodies, their powers to issue measures in relation to the management of the economic activity of organisations and the ownership of those relationships.
1) E.g. Act No. 116 / 1985 Coll., on the terms and conditions of the activities of organizations with an international element in the Czechoslovak Socialist Republic. Act No. 111 / 1990 Coll., on State Enterprise. Act No. 90 / 1988 Coll., on Agricultural Cooperatives, as amended. Act No. 94 / 1988 Coll., on housing, consumption and production cooperatives. Act No. 68 / 1989 Coll., on the organisation of Czechoslovak State Railways. Act No. 158 / 1989 Coll., on banks and savings banks. Act No. 104 / 1990 Coll., on Equity Companies. Act No. 105 / 1990 Coll., on the Private Business of Citizens. '
4. The heading above Section 2 is deleted.
5.
Business activities shall mean the continuous operation of the production, trade or provision of services and works or other activities to obtain a permanent source of money revenue.
The provisions of this Act which, without the consent of the Parties, provide for the establishment of an obligation to conclude, amend or revoke a contract or the power to establish, amend or revoke obligations, as well as those provisions which do not in their substance correspond to the nature of those entities and their business or which conflict with their status as defined in the Act, shall not apply to entities operating under the Private Entrepreneurship Act or the Act.
Organisations shall decide on their business activities separately. The activity and territorial scope of the organisation may be restricted or intervened only under the conditions and in the manner laid down by law. The control of the activities of organisations may only be carried out by state control bodies to the extent and under the conditions laid down by law.
Business name (company)
(1) Organisations operate their business under their trade name (firm), which must be clearly different from other trade names (firms). A name which could mislead by its interchangeability may not be entered in the company register. If the organisation is destroyed, the right to its business name (company) also ceases.
(2) The trade name (company) must contain an indication of the organisational legal form or type of organisation.
(3) An organisation for which the trade name (s) has been registered has an unlimited exclusive right to use the name. The person whose interests have been affected may seek to refrain from doing so and to compensate for the damage caused against those who use the illicit trade name (s). If the trade name (s) has been registered in contravention of these provisions, the person whose interests have been affected may seek the deletion of such registration.
(4) If a partner, whose name is included in the trade name (company), is removed from the company, the same trade name (company) may be maintained only with its consent. '
Section 6 and Section 7 shall be deleted.
7. The title of Title Three is "Property relations."
Section 8 is deleted.
Section 9 is deleted.
10. § 9a reads:
The property of the organisation shall be those for which the organisation has ownership or right of management, property rights for which it has right of management and property rights of the organisation. ';
11. In Paragraph 10 (2), the words "unless otherwise provided by law 'are deleted.
12. In Article 10, the following paragraph 3 is inserted after paragraph 2:
"(3) The provisions of the preceding paragraph shall not apply to cases of compulsory and statutory licences. ';
13. In Article 11, paragraphs 1 and 2, the words "socialist social 'are deleted and in paragraph 4, the word" social' is replaced by the word "state '.
14. Article 12 (1) reads as follows:
"(1) At the same time, the case may be owned by several organisations, organisations and state (co-ownership). '
15. Paragraph 14 to 16 shall be deleted.
16.
The organisation shall be entitled to determine which internal organisational units shall be entered in the company register as split-off plants; the head of the fissile plant is entitled to do all legal acts concerning the fissile plant on behalf of the organisation. ';
Article 17 (18a) (2) reads as follows:
"(2) Organisations may also carry out other economic activities, unless this is such as to interfere with the performance of the binding outputs of the State Plan or the economic obligations or the performance resulting from the compulsory subject-matter of the activity. ';
18. Paragraph 20 to 24, including the headings, read:
LEGAL TASKS
General provisions
(1) The legal act shall be any act or other act (omission) giving rise to the will to establish, amend, revoke or maintain the rights or obligations which the legislation attaches to such a statement.
(2) The legal act shall be interpreted in accordance with the actual will of the negotiating organisation and in accordance with the nature of the conduct to which it relates. In doing so, account should be taken of the circumstances in which the speech was made and of the principles of fair economic treatment. The expression of will, which contains an expression that allows different interpretations, must be interpreted in doubt to the detriment of those who have used that expression.
(3) The expression of will has an effect on an absent organisation only from the moment it reaches it, unless the law provides otherwise, exceptionally. It shall be delivered to the registered office of the organisation or body whose activities relate to the operation, and to the place and manner of the organisations designated or agreed by the organisations, in particular when it comes to remote data transmission.
Invalidity of legal acts
(1) A legal act shall be null and void if its content or purpose is contrary to a law or circumventing it or if its object is impossible to comply with. Fulfilment is not impossible if it can be done only under difficult conditions or with greater costs, or after the specified time.
(2) The legal act shall be void if it has been made in error concerning its substance and the organisation to which the will is determined knew or had to know about the error of the other party.
(3) The error is essential if it relates to the subject matter of the performance, the entity or other circumstances, according to the will of the decision-makers, to such an extent that the organisation would not have carried out the action without error.
(4) If, as a result of failure or failure of the means of communication, computing or other techniques, the operation is changed, it shall be assessed mutatis mutandis in accordance with the provisions on error. Numerous errors and other errors of a technical nature which are obvious and do not raise doubts as to the content of the act do not render it invalid. The organisation on whose side such an error has occurred shall correct it on request.
(1) Legal action must be taken freely, seriously, certainly and clearly, otherwise it is invalid. An act to which the organisation has been led by deceit or wrongful threat is also invalid. The threat is unjust, even if it is justified if it is enforced by something that cannot be achieved in this way.
(2) Invalidity for the reasons referred to in paragraph 1 may be invoked only by the organisation for whose protection the grounds for invalidity are established. This organisation may subsequently approve the action or may be made by the parties to it by clarifying it in a certain and comprehensible manner. In that case, it has legal effects as if it had been valid from the outset.
If the reason for the annulment is only part of the legal act, this shall not affect the validity of the remainder, unless the relationship which would arise in this way is economically unjustified.
Form of legal acts
(1) The legal act may be made explicitly or in no other way, having regard to the circumstances in which it took place, to doubt what the organisation wanted to express.
(2) A written form is required for the validity of contracts and other legal acts of organisations, unless otherwise provided by law or by agreement.
(3) Written speeches may not be on the same list. Replacing the signature by mechanical or other means is sufficient only where it is customary in economic contact or where the organisation agrees in advance.
(4) Those who sign an organisation shall also indicate the function which entitles them to act, or at least that they act as a representative or a procurer. However, a breach of this obligation shall not result in the legal act being annulled. '.
19. The following Sections 24a to 24m are inserted after Section 24:
(1) In writing, telegraphic and telex communications and speeches made by computer or other data processing and transmission techniques shall also be considered. For legal acts undertaken by such means, the signature of the organisation may be replaced by an agreed code.
(2) Economic arbitrage may decide that a legal act in respect of which the particulars of the written form have not been complied with is in force from the outset, provided that it has already started to be carried out. However, it cannot decide in this way if the organisation has agreed in writing as a precondition for validity.
If an invalid act contains an element of another legal act, that other act shall be valid if it is clear from the circumstances that such an act would be the will of the negotiating organisation if it were known that the act was invalid.
An organisation which has created an annulment of a legal act shall be obliged to make good any damage caused by the invalidity of an act of an organisation to which the act is intended and which has trusted in its validity.
Conditions in legal acts
(1) The creation, modification or termination of a right or obligation may be subject to compliance, unless the law excludes it.
(2) The condition is a postponement if the performance depends on whether the legal consequences of the transaction arise. The condition is untying if it depends on the fulfilment of the condition, whether the consequences already arise will pass.
(3) The postponement condition which, at the time of the creation of a legal act, is unlawful or not, makes the legal act invalid.
(4) If the postponement condition is later illegal or not fulfilled, it is true that it has not been fulfilled.
(5) Unlawful or impossible condition of untying shall not be taken into account.
(1) The effects of compliance shall be reversed until the legal act has taken place, provided that, by the will of the organisation or according to the nature of the operation, the effects of the operation or its cancellation do not occur at any other time. If the legal act resulting in repeated or continuous performance is dependent on the condition of untying, its fulfilment shall not have effect on the performance that has already taken place unless the organisation has agreed otherwise.
(2) If an organisation to which the condition for the benefit is not met intentionally thwarts it, even if it does not have the right to do so, the condition for the benefit shall apply. The condition shall not be taken into account if it is deliberately caused by an organisation which does not have the right to do so and which is to meet the condition of benefit.
(3) An organisation which is subject to a conditionality is obliged to refrain from or make it difficult to fulfil its conditional obligation until the condition is decided.
Negotiations on behalf of the organisation
(1) Organisations shall act by their statutory bodies or through their representatives. The representative may be another organisation or natural person.
(2) The statutory body of the organisation shall be a worker or member who is entitled to act on behalf of the organisation on all matters under the law or the relevant rules of organisation (e.g. statute, statutes, organisation rules). Where the statutory body is a collective body, it shall determine the organisational arrangements in which it acts externally.
(3) The representative shall be the person to whom the law under which the organisation has been established or the statutes or other internal rules issued under the law shall determine.
(4) Other staff or members of the organisation shall be authorised as representatives to perform, on behalf of the organisation, the legal acts necessary to carry out the duties imposed in cases where this is provided for in their internal rules or is usual in economic relations.
(5) The contracting representatives are those who have been granted full authority under the contract (including the Procura).
If a representative exceeds his or her authorization in the course of the proceedings or if someone is acting without authorisation, the legal act shall be void unless the represented legal act has subsequently been approved without undue delay; However, the act shall be valid if the other organisation did not know or could not have known about the excess or lack of a hearing authorisation.
(1) The representative shall act in person as a general rule but shall be entitled to appoint another representative,
(a) if it is a legal representative,
(b) if it is a procurer,
(c) if there is a representative to conduct the dispute,
(d) has been expressly authorised to appoint a representative.
(2) The legal acts of another representative give rise to rights and obligations directly represented by the organisation. The other representative shall be required to be given a mandate in writing in accordance with other provisions.
Contractual representation
(1) The power of attorney must be written, otherwise it shall be invalid. The scope of the authorisation shall be defined in full authority.
(2) Unless otherwise specified in the mandate of several representatives, they must all act together.
(1) The full power shall cease to exist by the execution of an act or by the expiry of a time limit for which it has been restricted, if it has been withdrawn by the representative or given notice by the representative, and if it has not been limited to a certain period of time, within 3 years of its granting.
(2) The dissolution of the organisation only ceases to exist if the organisation has no legal successor. The representative may not waive the power of attorney at any time.
(3) Until such time as the representatives of the appeal of the power of attorney are known, they shall bind the person represented or his successor.
(4) If the power of attorney is lost other than the death of the representative, the representative shall be obliged to do all that cannot be postponed unless the represented or his successor in title provides otherwise.
(1) Where a representative whose power of attorney has expired causes harm to a third organisation, which did not know and did not need to know about its demise, the representative shall be jointly and severally responsible for the implementation of the mandate.
(a) if the representative has not requested or misused the return of the power of attorney,
(b) if the person represented has reason to believe that the person to whom he is dealing is entitled to act on behalf of the representative.
(2) This provision shall not apply to representatives who are natural persons.
Prokura
(1) The organisation may grant a Prokuru to a worker or member in writing. The authorisation shall specify that it is a procure.
(2) The procuring entity is empowered to carry out all the operations carried out in the operation of the business of the principal, even if they otherwise require special powers of attorney; it is not, however, entitled to dispose of or burden real estate unless expressly provided for in the award of a procure.
(3) The appeal of the Procura Procura shall cease.
(1) A procure may be awarded to several persons either in such a way that each person is entitled to represent himself or in such a way as to require the consent of all or at least two of the procurer's will.
(2) At the time of signature, the curator shall, under the name of the organisation for which he is acting, affix an amendment indicating the procure to his signature. ';
20. § 25 is deleted and under § 25a the heading "Efficiency of the contract" is inserted.
21. The head of the second part shall be deleted.
22. The heading of Title Four of Part Two reads:
"State ownership and right of management with national property '.
Article 23 (64) (1) reads as follows:
"(1) The national property shall be State-owned, state-owned and state-owned property rights. '
24. In Paragraph 65 (2), numbering the reference in the text and numbering the footnote is changed from "1 'to" 2'.
25. § 74a is released.
26. in § 74c, the words "§ 69 (3)" shall be inserted after the words "§ 66";
27. in § 75 (a) and (c):
"(a) the conditions under which State undertakings are required to conclude a contract for the transfer of ownership or the right of management;
(c) the method of recovery and, where appropriate, the waiver of claims by the State and by state organisations other than state undertakings. ';
and the provisions of point (d) are deleted.
28. The title of Title Two of Part Three shall read as follows:
"OWNERSHIP OF COMPETITION ORGANISATIONS '.
29. § 94 is released.
30. The first sentence of Paragraph 97 is deleted.
31. § 98 is released.
32. Article 99 (1) reads as follows:
"(1) Civil associations manage their own property; may also manage the property for which they are entitled to use. ';
33. After the fourth part, the following sections are inserted:
COMMERCIAL COMPANIES
Common provisions
(1) Natural persons may form trading companies for the joint operation of business. Associates may also be legal persons, unless the law excludes them.
(2) The eligibility of natural persons who are not entrepreneurs is governed by the provisions of the Civil Code on legal capacity.
(3) If the law so permits, a trading company may also set up a single member in the form of a notarial record replacing the otherwise prescribed contract.
(1) In order to establish a company, a written contract must be signed by all the members (social contract).
(2) The social contract must include:
(a) the commercial name (company) of the company from which it must be known the type of company and its registered office;
(b) the names (firms) and addresses (registered offices) of all partners;
(c) the activity of the company;
(d) the mutual legal relations of the members;
(e) the method of distribution of profits or remuneration in the event of loss of a company;
(f) the manner in which the company ceases to exist and the related property settlement;
(g) other requirements laid down by law for each type of company.
(1) Commercial companies are legal entities.
(2) Applications for registration in the company register must be submitted by the members within 30 days of the conclusion of the contract; within the same time limit, the company is required to propose a change to the registration if the registered facts are changed.
(3) Until the company is entered in the company register, the shareholders are liable for the liabilities assumed on its behalf jointly and severally.
The provisions of the inquest shall require the consent of all unrestricted members of the guarantee, unless otherwise agreed in the contract; for limited liability companies and for limited liability companies, the consent of the authorities set up by the company shall be required, unless otherwise agreed in the contract.
The trading company shall cease to exist.
(a) bankruptcy of the company;
(b) by common accord;
Contents
Čl. I
㤠1
㤠2
§ 3
§ 4
§ 5
㤠9a
㤠18
„Hlava pátá
§ 20
§ 21
§ 22
§ 23
§ 24
㤠24a
§ 24b
§ 24c
§ 24d
§ 24e
§ 24f
§ 24g
§ 24h
§ 24i
§ 24j
§ 24k
§ 24l
§ 24m
„ČÁST ČTVRTÁ A
§ 106a
§ 106b
§ 106c
§ 106d
§ 106e
§ 106f
§ 106g
§ 106h
§ 106i
§ 106j
§ 106k
§ 106l
§ 106m
§ 106n
§ 106o
§ 106p
§ 106q
§ 106r
§ 106s
§ 106t
ČÁST ČTVRTÁ B
§ 106u
§ 106v
§ 106w
§ 106x
§ 106y
§ 106z
§ 106za
§ 106zb
§ 106zc
ČÁST ČTVRTÁ C
§ 106zd
§ 106ze
§ 106zf
§ 106zg
§ 106zh
§ 106zi
§ 106zj
㤠107
㤠111a
§ 111b
㤠119b
§ 119c
§ 119d
§ 119e
㤠126
„Oddíl třetí A
§ 129c
§ 129d
§ 129e
§ 129f
§ 129g
§ 129h
§ 129i
§ 129j
§ 129k
§ 129l
§ 129m
§ 129n
§ 129o
§ 130
§ 131
㤠131a
§ 131b
§ 131c
§ 131d
§ 131e
㤠132
㤠141
§ 142
㤠143
㤠145a
§ 145b
§ 145c
§ 145d
§ 145e
㤠147a
㤠158
㤠159
㤠163
㤠171
㤠179
㤠205
㤠208
㤠241a
㤠250
㤠259
㤠262
§ 263
§ 264
§ 265
§ 266
㤠277
㤠295
㤠298
㤠321
㤠331a
㤠356a
㤠356b
㤠360b
㤠366
㤠375a
㤠378a
㤠382
㤠383
㤠384
㤠384a
㤠389b
㤠393
Čl. II
Čl. III
Čl. IV
Čl. V
Čl. VII
Čl. VIII
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Regulation Information
| Citation | Act No. 103 / 1990 Coll., amending and supplementing the Economic Code |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.04.1990 |
|---|---|
| Effective from | 01.05.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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