Decree No. 258 / 1995 Coll.

Government Decree implementing the Civil Code

Valid Regulation Effective from 13.11.1995
258
GOVERNMENT REGULATION
of 9 August 1995
implementing the Civil Code
The Government orders the implementation of the Civil Code:
§ 1
Liability for damage caused to objects brought or postponed
(k § 434 (1))
Jewelry, money and other valuables are only responsible for up to 5000 CZK.
§ 2
Average earnings
(Articles 445, 446, 447 (1) and 448 (2))
(1) The average earnings are the average earnings collected under the special legislation1) for employment purposes.
(2) If the average earnings cannot be determined in accordance with paragraph 1, the determination shall be based on the circumstances of the individual case, in particular the tax return.
§ 3
Adequate funeral costs
(k § 449 (2))
Appropriate funeral costs shall be determined in accordance with the labour law on liability for accidents at work and occupational diseases; This also applies to the amount of compensation for the costs of setting up a memorial or a desk.2)
§ 4
Major Value Thing
(to Paragraph 656 (2))
A greater value is a thing whose price at the date of conclusion of the contract for the correction or modification of the case exceeds 3000 CZK.
§ 5
Small apartment repairs
(to § 687 (3))
(1) The repair of the apartment and its interior equipment shall be regarded as minor repairs if the equipment is part of the apartment and is owned by the lessor, depending on its actual definition or the amount of the load.
(2) According to the substantive definition, the following corrections and exchanges shall be regarded as minor corrections:
(a) repair of individual floors, repair of floor coverings and exchange of thresholds and bars;
(b) repair of individual parts of windows and doors and their parts and replacement of locks, fittings, handles, shutters and blinds;
(c) exchanges of electrical terminal equipment and distribution equipment, in particular switches, sockets, circuit breakers, bells, domestic telephones, data network outlets, analogue and digital television signals and light source exchanges in lighting sets;
(d) replacement of shut-off valves for the gas distribution, except for the main closure for the flat;
(e) repairs of closing fittings on water distribution, exchange of siphons and fat traps;
(f) repair of heating indicators and repair and certification of indoor water meters hot and cold water.
(3) The repair of water effluents, odour stoppers, vapours, digestors, mixing batteries, showers, water heaters, bidets, washbasins, vans, sinks, sinks, flushing machines, kitchen stoves, oven ovens, cookers, infrared heaters, kitchen lines, built-in and built-in cabinets are also considered minor repairs. In the case of heating equipment, repair of solid fuel, gas and electricity stoves, boilers for solid, liquid and gaseous fuels, including shut-off and control fittings and control thermostats, shall be regarded as minor repairs; However, repairs of radiators and central heating distribution systems shall not be considered as such.
(4) The exchange of small parts of the articles referred to in paragraph 3 shall also be regarded as minor repairs.
(5) According to the amount of the load, additional repairs of the apartment and its equipment and the replacement of parts of the items of the equipment not mentioned in paragraphs 2 and 3 shall be regarded as minor repairs if the cost per repair does not exceed CZK 500. Where several corrections are made on the same subject, which are related and follow-up in time, the sum of the costs of the related corrections is decisive. Transport costs and other repair costs, provided that they are included in the tax document for making a correction, shall not be included in the costs of such corrections, but shall be included in the annual limit referred to in paragraph 6.
(6) The sum of the costs of small repairs referred to in paragraphs 2 to 5 may not exceed CZK 70 / m2 of the floor area of the apartment per calendar year, including transport costs and other costs associated with the repair, provided that they are included in the tax document for the repair.
(7) For the purposes of this Regulation, the floor area of the flat shall be the sum of the floor areas of the flat and its accessories, including outside the flat, when used exclusively by the tenant of the flat; the floor area of cellars which are not rooms, and the floor area of balconies, logbooks and terraces shall be counted only half.
§ 6
Costs related to the normal maintenance of the apartment
(to § 687 (3))
The costs associated with the normal maintenance of the apartment are the costs of maintaining and cleaning the apartment, which are usually carried out with longer use of the apartment. These include, in particular, regular inspections and cleaning of the articles referred to in Section 5 (3) (gas appliances, etc.), painting, including the repair of plaster, wallpaper and floor cleaning including floor coverings, wall coverings, cleaning of enclosed waste up to vertical lines and internal coatings.
§ 7
Decree No. 45 / 1964 Coll., implementing certain provisions of the Civil Code, as amended by Decree No. 32 / 1965 Coll., Decree No. 183 / 1982 Coll. and Decree No. 142 / 1994 Coll.
§ 8
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Doc. Ing. Klaus CSc. v. r.
Minister of Justice:
JUDr. Novák v. r.
Minister for Economy:
Doc. Ing. Dyba CSc.
1) Section 275 of the Labour Code. Section 17 of Act No. 1 / 1992 Coll., on wages, remuneration for on-call and on average earnings, as amended by Act No. 74 / 1994 Coll.
2) § 37 of Decree No. 108 / 1994 Coll., implementing the Labour Code and certain other laws.

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Regulation Information

CitationGovernment Decree No. 258 / 1995 Coll., implementing the Civil Code
Regulation TypeRegulation
Author-
CollectionCode of Laws
Date of Promulgation13.11.1995
Effective from13.11.1995
Effective until-
Status Valid
The regulation text is for informational purposes only.
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