Act No. 135 / 2002 Coll.
Act amending Act No. 40 / 1964 Coll., Civil Code, as amended
Valid
Law
Effective from 01.07.2002
135
THE LAW
of 15 March 2002
amending Act No. 40 / 1964 Coll., Civil Code, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 40 / 1964 Coll., Civil Code, as amended by Act No. 58 / 1969 Coll., Act No. 131 / 1982 Coll., Act No. 94 / 1988 Coll., Act No. 188 / 1988 Coll., Act No. 87 / 1990 Coll., Act No. 105 / 1990 Coll., Act No. 104 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 89 / 1996 Coll., Act No. 27 / 2000 Coll., Act No. 227 / 1997 Coll., Act No. 91 / 1998 Coll., Act No. 104 / 1995 Coll., Act No. 104 / 1998 Coll., Act No. 99 Coll.
1. In Paragraph 54, the words "paragraphs 2 to 8 'shall be inserted after the words" pursuant to Paragraph 53'.
2. In Part One, Title Five, the following Section 58 to 65 is inserted after Section 57:
"Specific provisions on consumer protection when concluding a contract on the use of a building or part thereof for a period of time
(1) The consumer contract in which the right to use the building or part of the building is negotiated between the consumer and the provider for one or more specified or determinable periods of time during the year and which is concluded for a period of more than 3 years must be in writing, must be drawn up in the Czech language and must also include, in addition to the particulars of the relevant contract type,
(a) the name, surname, date of birth and residence of the consumer;
(b) the business firm, registered office, business subject matter and identification number of the provider who is a legal person and the name and surname of the person authorised to act on his behalf;
(c) the name and surname and, where appropriate, the business name, address, business subject and the identification number of the provider who is a natural person;
(d) the name and address of the owner of the building or part thereof,
(e) the legal relationship of the provider with the building or part thereof;
(f) the definition of the right to use the building or part of it for one or more specified or identifiable periods of time during the year covered by the contract and the establishment of the conditions under which that right may be exercised in the territory of the State in which the building is situated and the declaration that those conditions have been respected;
(g) location designation, precise description and equipment of the building or part thereof, for the building also a registration or descriptive number;
(h) information on the degree of construction of the building or part of it, including the construction of the civil engineering networks and the date of completion, the number of the building permit and the full name and address of the building office, information on the conditions for settlement of payments made, if the building or part thereof is not completed properly and in a timely manner;
(i) the definition of essential services to be provided with the right of use (e.g. lighting, water, heating) and the scope of other services, including services related to the right to use common spaces and equipment;
(j) defining the scope of the use of common areas and facilities;
(k) defining the principles governing the management, maintenance and repair of the building or part thereof;
(l) the determination of the date from which the right arising from the contract can be drawn, the duration of the contract, the precise determination of the periods of time or the method of determination;
(m) the price to be paid by the consumer for the right to use the building or part of it, the estimate and method of calculating the variable amount due for the calendar year in respect of which the advance payment is made for the use of common areas and equipment, the provision of services, the administration of the building, the repair and maintenance of the building, the local fees and the contribution to the provision of reserves to cover unexpected risks, as well as other payments associated with the use;
(n) the method of payment;
(o) the conditions for involvement in the system of exchange of rights of use organised by the provider or third party designated by the provider and of any costs associated therewith;
(p) information on the right of withdrawal, including the establishment of the formalities and form of notification of withdrawal, the manner and place of service and the identification of the person to whom such notification is to be served, the type and amount of payments which the provider may require in such a case,
(r) the conditions for the transfer or transfer of the right resulting from the contract to a third party;
(s) the date of conclusion of the contract.
(2) If the contract does not contain any of these elements, it shall not be valid; However, the consumer has the right to withdraw from the contract within the time limits set out in Paragraph 63.
(1) Provider is a person who, when concluding and performing a contract, acts in the course of his business and who leaves the right set out in the contract.
(2) A building or part of it means a building intended for housing or a building intended for accommodation.
(1) Before concluding a contract, the provider is required to provide in writing the complete and true information referred to in Article 58 (1), with the exception of points (a), (l) and (s), and information on how and where further information can be obtained.
(2) Written information provided before the conclusion of the contract is an integral part of the contract. Changes to the information provided, unless otherwise agreed by the Parties, may result only from circumstances beyond the control of the provider. Any modification of this information shall be made in writing by the consumer provider no later than 10 days before the conclusion of the contract.
(3) The indication where the information referred to in paragraph 1 may be obtained must also include any advertising relating to the right to use the building or part thereof.
The provider may not require the consumer:
(a) no payments other than those agreed in the contract;
(b) any payments prior to the conclusion of the contract or for the period during which the consumer may exercise the right of withdrawal under Article 63 (1) (a) to (c).
Where the price is paid in full or in part by a credit provided by the provider or by a third party under a credit agreement between a third party and the provider, and the consumer makes use of his right to withdraw from the contract, the provider shall cancel the credit agreement concluded with the consumer or ensure that it is cancelled. The repeal of this Treaty may not be linked to the application of any penalties by the provider or third party.
(1) The consumer has the right to withdraw from the contract within the time limit
(a) 15 calendar days after the conclusion of the contract without giving any reason;
(b) 3 months after the conclusion of the contract, where the contract does not contain the particulars referred to in Article 58 (1); However, if the missing elements are properly transmitted during that period, the consumer shall have the right to withdraw from the contract, stating the reason for which they are to be delivered within 15 calendar days,
(c) 15 calendar days from the date of expiry of the three-month period, stating the reason why, if the provider does not provide the consumer with the formalities referred to in Article 58 (1) or within 3 months of the signature of the contract and the consumer does not exercise the right of withdrawal referred to in point (b),
(d) 3 months after the agreed date of completion of the built-in building or part thereof, if it has not been completed properly and in due time.
(2) Where the consumer exercises the right of withdrawal referred to in paragraph 1, the provider shall have the right to compensation only for the expenditure evidently incurred in connection with the conclusion and subsequent withdrawal of the contract [Paragraph 58 (1) (p)]. The exercise of the right of withdrawal referred to in paragraph 1 (b), (c) and (d) shall not be linked by the provider to any financial claims.
(1) The consumer must not be deprived of protection under previous provisions, regardless of the law governing the contractual relationship, if the building or part of it is situated in the territory of the Czech Republic or if the consumer is resident in the Czech Republic.
(2) The same protection shall belong to the consumer where the building or part thereof is situated in the territory of a Member State of the European Union.
If the consumer is resident outside the Czech Republic in or is a national of a Member State of the European Union, the contract must also be drawn up in the language or one of the languages of that Member State. The choice of language in this case belongs to the consumer. The provider shall in such a case transmit to the consumer an official translation of the contract in the language or one of the languages of the Member State of the European Union in which the building or part of it is located. ';
Efficacy
This Act shall take effect on 1 July 2002, with the exception of Article I (2), as regards Sections 64 (2) and 65, which shall take effect on the date of entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Klaus v. r.
Havel v. r.
v Rychetský v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 135 / 2002 Coll., amending Act No. 40 / 1964 Coll., Civil Code, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.2002 |
|---|---|
| Effective from | 01.07.2002 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law substantive
The regulation text is for informational purposes only.
Comments 0