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Full text of Act No. 70 / 1983 Coll.

Civil Code (full text as shown in later amendments)

Valid

Článek I Článek II Článek III Článek IV Článek V Článek VI Článek VII Článek VIII ČÁST PRVNÍ Hlava první § 1 § 2 § 3 § 4 § 5 § 6 Hlava druhá Oddíl první § 7 § 8 § 9 § 10 § 11 § 12 § 13 § 14 § 15 § 16 § 17 Oddíl druhý § 18 § 19 § 20 § 21 Hlava třetí § 22 § 23 § 24 § 25 § 26 § 27 § 28 § 29 § 30 § 31 § 32 § 33 Hlava čtvrtá § 34 § 35 § 36 § 37 § 38 § 39 § 40 § 40a § 41 § 42 § 43 § 44 § 45 § 46 § 47 § 48 § 49 § 50 § 51 Hlava pátá § 52 § 53 § 54 § 55 § 56 § 57 § 58 § 59 § 60 § 61 § 62 Hlava šestá § 63 § 64 § 65 § 66 § 67 § 68 § 69 § 70 Hlava sedmá § 71 § 72 § 73 § 74 § 75 § 76 § 77 § 78 § 79 § 80 § 81 § 82 § 83 § 84 § 85 § 86 § 87 § 88 § 89 § 90 § 91 § 92 § 93 § 94 § 95 § 96 § 97 § 98 § 99 Hlava osmá § 100 § 101 § 102 § 103 § 104 § 105 § 106 § 107 § 108 § 109 § 110 § 111 § 112 § 113 § 114 Hlava devátá § 115 § 116 § 117 § 118 § 119 § 120 § 121 § 122 ČÁST DRUHÁ Hlava první § 123 § 124 Hlava druhá § 125 § 126 § 127 § 128 § 129 § 130 § 130a § 131 § 132 § 132a § 133 § 134 § 135 § 135a § 135b § 135c Hlava třetí § 136 § 137 § 138 § 139 § 140 § 141 § 142 § 143 § 144 § 145 § 146 § 147 § 148 § 149 § 150 § 151 ČÁST TŘETÍ Hlava první § 152 § 153 § 154 § 155 § 156 § 157 § 158 § 159 § 160 § 161 § 162 § 163 § 164 § 165 § 166 § 167 § 168 § 169 § 170 § 171 § 172 § 173 § 174 § 175 § 176 § 177 § 178 § 179 § 180 § 181 § 182 § 183 § 184 § 185 § 186 § 187 § 188 § 189 Hlava druhá § 190 § 191 § 192 § 193 § 194 § 195 Hlava třetí § 196 § 197 Hlava čtvrtá § 198 § 199 § 200 § 201 § 202 § 203 § 203a § 204 § 205 § 206 § 207 § 208 § 209 § 210 § 211 § 212 § 213 § 214 § 215 § 216 § 217 § 218 § 219 § 220 § 221 ČÁST ČTVRTÁ Hlava první § 222 § 223 § 224 § 225 § 226 § 227 § 228 § 229 § 230 § 231 § 232 § 233 § 234 § 235 § 236 § 237 § 238 Hlava druhá § 239 § 240 § 241 § 242 § 243 § 244 § 245 § 246 § 247 § 248 § 249 § 250 § 251 § 252 § 253 § 254 § 255 § 256 Hlava třetí § 257 § 258 § 259 § 260 § 261 § 262 Hlava čtvrtá § 263 § 263a § 264 § 265 § 266 § 267 § 268 § 269 § 270 § 271 § 272 § 273 § 274 § 275 Hlava pátá § 276 § 277 § 278 § 279 § 280 § 281 § 282 § 283 Hlava šestá § 284 § 285 § 286 § 287 § 288 § 289 § 290 § 291 § 292 § 293 § 294 § 295 § 296 § 297 § 298 § 299 Hlava sedmá § 300 § 301 § 302 § 303 § 304 § 305 § 306 Hlava osmá Oddíl první § 307 § 308 § 309 § 310 § 311 Oddíl druhý § 312 § 313 § 314 § 315 § 316 § 317 § 318 Oddíl třetí § 319 § 320 Hlava devátá § 321 § 322 § 323 § 324 Hlava desátá Oddíl první § 325 § 326 § 327 § 328 § 329 § 330 § 331 § 332 § 333 § 334 § 335 § 336 § 337 § 338 § 339 § 340 Oddíl druhý § 341 § 342 § 343 § 344 Hlava jedenáctá Oddíl první § 345 § 346 § 347 § 348 Oddíl druhý § 349 § 350 § 351 § 352 § 353 § 354 § 355 § 356 § 357 § 358 § 359 § 360 § 361 § 362 § 362a Oddíl třetí § 363 § 364 § 365 § 366 § 367 § 368 § 369 § 370 Oddíl čtvrtý § 371 § 372 § 373 § 374 § 375 § 376 Oddíl pátý § 377 § 378 § 379 § 380 § 381 § 382 § 383 ČÁST PÁTÁ Hlava první § 384 § 385 § 386 § 387 § 388 § 389 Hlava druhá Oddíl první § 390 § 391 § 392 § 393 Oddíl druhý § 394 § 395 § 396 Oddíl třetí § 397 § 398 Oddíl čtvrtý § 399 § 400 § 401 § 402 § 403 § 404 § 405 § 406 § 407 § 408 § 409 Oddíl pátý § 410 § 411 Hlava třetí § 412 § 413 § 414 ČÁST ŠESTÁ Hlava první § 415 § 416 § 417 § 418 § 419 Hlava druhá Oddíl první § 420 § 421 Oddíl druhý § 422 § 423 § 424 § 425 § 426 - zrušen*) § 427 § 428 § 429 § 430 § 431 § 432 § 433 § 434 § 435 § 436 § 437 Oddíl třetí § 438 § 439 § 440 § 441 § 442 § 443 § 444 § 445 § 446 § 447 § 447a § 448 § 449 § 450 Hlava třetí § 451 § 452 § 453 § 453a § 454 § 455 § 456 § 457 § 458 § 459 ČÁST SEDMÁ Hlava první § 460 § 461 § 462 § 463 § 464 § 465 § 466 § 467 § 468 § 469 § 469a § 470 § 471 § 472 Hlava druhá § 473 § 474 § 475 Hlava třetí § 476 § 477 § 478 § 479 § 480 Hlava čtvrtá § 481 § 482 § 483 § 484 Hlava pátá § 485 § 486 § 487 ČÁST OSMÁ Hlava první § 488 § 489 § 489a § 490 § 491 § 492 § 493 § 494 § 495 § 496 § 497 Hlava druhá § 498 § 499 § 500 § 501 § 502 § 503 § 504 § 505 § 506 § 507 § 507a § 507b § 508 § 509 § 510

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Announces

the full wording of the Civil Code of 26 February No. 40 Coll., as follows from amendments and additions made by the Law of 5 June 1969 No. 58 Coll. and by the Law of 9 November 1982 No. 131 Coll.

CIVIL LAW

In the Constitution of the Czechoslovak Socialist Republic, the guidelines for the versatile development of our society and the personality of man are enshrined. This has given the basis for a comprehensive and reciprocal reorganisation of relations in the field of socialist production and work and in the area of the personal consumption of citizens.

The development of planned socialist production, the consistent application of the principles of democratic centralism in the management of production and the effective promotion of the interests of the whole of society in the economic activity of socialist organisations require a new regulation, which contains an economic code following the development of legislation on this section.

The economic system of a socialist society is based on socialist social ownership of means of production. The extent to which citizens' material and cultural needs are met depends, as a whole, on the development of the socialist economy and, for each citizen, on his work share in that development.

The Civil Code is based on the unity of the socialist economy and the consistency of the interests of society and citizens. It defines personal ownership as derived from social ownership and protects it as one of the important means of satisfying citizens' personal needs.

The main task of the Civil Code is to establish and define the rights and obligations of citizens and organisations arising from the fulfilment of material and cultural needs, to protect those rights, when they are exercised in accordance with the interests of society, and to contribute to the consistent respect of socialist legality in civil relations.

The provisions of the Civil Code aim to consolidate socialist economic and other social relations and to overcome survivors in people's consciousness, thus helping to create the preconditions for the transformation of socialist relations into communist relations.

Based on these facts The National Assembly of the Czechoslovak Socialist Republic decided on this law:

Principles of civil relations

Článek I

The basis of civil relations is the socialist social establishment.

Článek II

The source of meeting citizens' personal needs is ever-evolving social production based on socialist social ownership; everyone is obliged to develop, consolidate and protect this property in a universal manner.

Článek III

The satisfaction of citizens' material and cultural needs is ensured primarily by remuneration for work according to its quantity, quality and social importance; the company is also provided for free distribution, taking into account the social importance of the needs.

Článek IV

Ensuring that citizens' material and cultural needs are met is primarily the task of socialist organisations; citizens are involved in the management of activities and in the monitoring of the performance of the tasks of these organisations.

Článek V

Civil relations not only give rise to mutual rights and obligations between participants, but also to the rights and obligations of society.

Článek VI

The exercise of rights and obligations arising from civil relations must comply with the rules of socialist coexistence.

Článek VII

No one may abuse their rights against the interests of society or of their fellow citizens and no one may enrich himself at the expense of society or of their fellow citizens.

Článek VIII

The provisions of the Civil Code should be applied and interpreted within the meaning of those principles.

ČÁST PRVNÍ

GENERAL PROVISIONS

Hlava první

CIVIL RELATIONS AND PROTECTION

§ 1

In the area of meeting material and cultural needs, civil relations are established between citizens and socialist organisations and between citizens. These relationships are governed primarily by the Civil Code.

§ 2

(1) Civil relations arise from legal acts or other facts with which the law links the formation of such relationships.

(2) In civil relations, participants have an equal status.

§ 3

The national authorities, in particular the national committees, the courts and other bodies to which the tasks of the national authorities have been transferred, shall ensure that the rights and obligations and obligations in civil relations are not threatened and violated and that, if there is a conflict between the parties, they are removed by agreement in particular.

§ 4

Protection may be sought against those who threaten or violate the law from the authority called upon to do so. Unless otherwise provided for in the law, that body shall be a court.

§ 5

If socialist coexistence is violated by obvious interference with law, protection may be sought from the local national committee. In order to re-establish the rules of socialist coexistence, the local national committee may provisionally prohibit or impose an action on the law in order to remove the malfunctioning. This is without prejudice to the right to seek protection in court.

§ 6

If there is an imminent risk of undue interference with the law, he who is threatened in such a way may reasonably avert the action himself.

Hlava druhá

PARTICIPANTS OF CIVIL RELATIONS

Oddíl první

Citizens

§ 7

(1) The eligibility of a citizen to have rights and obligations arises from birth. The child is also born alive.

(2) Death shall cease to exist. If death cannot be proven in the prescribed manner, the court will declare the citizen dead if he finds out otherwise. They will also declare a missing citizen to be dead if, in view of all the circumstances, they believe he is no longer alive.

§ 8

(1) The ability of a citizen to acquire rights by his own legal act and to assume obligations (legal capacity) arises in full age.

(2) Growing up is completed in the eighteenth year. Before reaching that age, maturity is acquired only by marriage. Such acquired maturity is not lost either by the disappearance of marriage or by the declaration of nullity of marriage.

§ 9

Minors are only eligible for legal acts that are proportionate in nature to their level of reason and moral maturity.

§ 10

(1) If a citizen for a mental disorder which is not only temporary is unable to do legal acts at all, the court shall deprive him of his legal capacity.

(2) If a citizen is able to do only certain legal acts for a mental disorder which is not only temporary or for excessive consumption of alcoholic beverages or narcotic drugs or poisons, the court shall restrict his legal capacity and determine the extent of the restriction in the decision.

(3) The Court of First Instance shall amend or revoke the waiver or limitation of eligibility if the grounds giving rise to them change or fall out.

Personal protection

§ 11

A citizen has the right to the protection of his or her personality, in particular life and health, civil honor, as well as his or her name and manifestations of a personal nature.

§ 12

(1) Documents of a personal nature, figurines, images and phonograms relating to a citizen or his manifestations of a personal nature may be used only with his permission.

(2) Authorisations are not required where documents of a personal nature, forms, images or phonograms are used for official purposes under the law.

(3) Objects, images and audio recordings may also be used in a reasonable manner for scientific and artistic purposes and for press, film, radio and television coverage without the consent of the citizen. However, such use must not be contrary to the legitimate interests of the citizen.

§ 13

In particular, a citizen has the right to seek to refrain from tampering with the right to protect his or her personality and to remove the consequences of such interference. The Tribunal may also decide to give adequate satisfaction.

§ 14

If the action against a citizen's personality is concerned with his activities in a social organisation, he may also exercise the right to the protection of his personality.

§ 15

(1) After the death of a citizen, it is up to him to exercise the right to protect his personality to his husband and children, and if not to his parents.

(2) If the intervention provided for in Paragraph 14 is involved, that right and the organisation shall be exercised.

§ 16

Any person who causes damage by tampering with the right to protection of a person shall be liable for it under the provisions of this Liability Act.

§ 17

Relations arising from the creation and social application of literary, scientific and artistic works, as well as from discoveries, inventions, improvements and designs, are governed by specific laws.

Oddíl druhý

Socialist organisations

§ 18

Socialist organisations are state, cooperative and social organisations as well as other organisations whose activities contribute to the development of socialist relations.

§ 19

Socialist organisations shall act on their behalf in civil relations and shall have the property responsibility arising from such relations, unless otherwise specified.

§ 20

(1) The Socialist organisation shall act by its staff and members who shall perform its tasks.

(2) The legal acts to be taken on behalf of the organisation by workers and members within the limits of their authorisations are those of the organisation. If those persons exceed the scope of their authorisation, the rights and obligations of the organisation shall arise only if the legal act relates to the tasks of the organisation and only if there is an excess which the other participant could not have known about.

§ 21

The State may also be a participant in civil relations.

Hlava třetí

TERMINATION

§ 22

(1) The representative is he who is entitled to act on behalf of another on his behalf. The representation shall give rise to rights and obligations directly represented.

(2) It is not possible to represent another person who is not himself eligible for the legal act in question or whose interests are contrary to the interests of the represented person.

§ 23

The representation is based on a law or a decision of a state body (legal representation) or on a power of attorney agreement.

§ 24

The representative shall act in person; a further representative may only be appointed if it is provided for by law or agreed by the parties. The legal acts of another representative also give rise to rights and obligations directly represented.

§ 25

If a representative exceeds the scope of his authorisation, he shall be bound by it only if such an act is approved.

Legal representation

§ 26

If citizens are not eligible for legal action, their legal representatives shall act as such.

§ 27

(1) Who is the legal representative of a minor child is governed by the family law.

(2) The legal representative of a citizen who has been deprived of legal capacity by decision of the court or whose legal capacity has been restricted by decision of the court is the guardian appointed by the court.

(3) If the guardian cannot be appointed by a relative of a citizen or another person who fulfils the conditions for the provision of a guardian, the court shall appoint a guardian of the national committee or of its establishment if he is entitled to speak on his behalf (§ 19).

§ 28

Where legal representatives are also required to manage the assets of those they represent and if they are not a normal matter, the court's approval of the property shall be required.

§ 29

The court may also appoint a guardian to the person whose residence is not known if this is necessary to protect his or her interests or the interests of the company. Under the same conditions, the court may appoint a guardian even if it is necessary for another serious reason.

§ 30

Where there is a conflict of interest of the legal representative with the interests of the represented or the conflict of interest of those represented by the same legal representative, the court shall appoint a special representative.

Representation on the basis of power of attorney

§ 31

(1) A citizen and a socialist organisation may be represented by another citizen or organisation. To that end, it shall grant a power of attorney, indicating the extent of the representative's authorisation.

(2) If a legal act needs to be taken in a special form, the power of attorney must be given in writing. In writing, full power must be granted even if it is not just about a certain legal act.

§ 32

Unless otherwise specified in the mandate of several representatives, they must all act together.

§ 33

(1) The power of attorney shall cease if the representative withdraws it or if the representative denies it. It also ceases to be the death of one of them or, where appropriate, the demise of the organisation.

(2) For other than the representative and the representative, the loss of power is only effective once they have heard of it.

(3) If a representative has died or has given evidence of his / her power of attorney, he / she is obliged to do all that is not acceptable to him / her in order not to suffer any damage to his / her rights. The actions taken in this way have the same legal consequences as if the representation still took place, unless they contradict what the represented or his heirs have done.

Hlava čtvrtá

LEGAL TASKS

§ 34

A legal act is a manifestation of the will to create, amend or terminate those rights or obligations that link the legislation to such an expression.

§ 35

(1) A speech of will may be made by negotiation or omission; it may become explicitly or in no other way raise doubts as to what the participant wanted to express.

(2) The expression of will must be interpreted as complying with the rules of socialist coexistence, given the circumstances under which it was made.

§ 36

(1) The creation, modification or termination of a right or obligation may be subject to compliance. The impossible condition to which the termination of a right or obligation is bound shall not be taken into account.

(2) If a participant to whom the condition is not met intentionally thwarts it, the legal act shall become unconditional.

(3) A participant who has no right to do so and to benefit from it shall not be taken into account for the fulfilment of the condition.

§ 37

Legal action must be taken freely and seriously, certainly and clearly; otherwise it is invalid.

§ 38

(1) A legal act is invalid if the person who has made it does not have legal capacity.

(2) It is also an invalid act of a person acting in a mental disorder that makes him incompetent to that act.

§ 39

An invalid act is a legal act which, by its content or purpose, is contrary to or circumventing the law or is contrary to the interests of the company.

§ 40

(1) If the act has not been taken in the form required by the law or agreement of the participants, it shall be void.

(2) The written legal acts of those who cannot write or read need to be recorded.

§ 40a

(1) Where the reason for the nullity of an act under the provisions of § 138 (1), § 140, § 145 (1), § 173 (1), § 211 (1), § 229, § 399 (2), second sentence, and § 479, is concerned, the act shall be deemed to be valid if the person concerned is not allowed to act. The same applies if the legal act was not taken in the form required by the agreement of the participants (§ 40 (1)).

(2) Where a legal act the registration of which has been decided by the State notaries is concerned, its annulment may, for the reasons set out in paragraph 1, be determined only by a court decision.

§ 41

Where the ground of invalidity applies only to part of the legal act, only that part shall be invalid if, by virtue of the nature of the act or its content or circumstances in which it has taken place, it does not appear that that part cannot be separated from the other content.

§ 42

If damage is caused for the annulment of a legal act, it shall be liable for it under the provisions of this Liability Act.

Contracts

§ 43

Participants are obliged to ensure that when adjusting contractual relations, everything that could lead to discrepancies is removed.

§ 44

The contract shall be concluded as soon as the participants agree on its content.

§ 45

(1) An application for the conclusion of contracts should be adopted within a time limit specified by the applicant. If the deadline is not specified, the proposal shall be adopted immediately if the participants act directly; otherwise it shall be accepted without undue delay. The proposal is adopted at the moment when the proposal was adopted by the appellant.

(2) The conclusion of the contract will not take place if the proposal is adopted late or if the other party requests amendments. such a speech is a new proposal.

(3) Until such time as the proposal or its acceptance is received by the other participant, the participants may withdraw from their speeches.

§ 46

(1) Real estate transfer contracts and other contracts for which the law or agreement of the participants so requires must take the written form.

(2) It is sufficient for the contract to be concluded in writing if it comes to the written application and its acceptance. If there is a contract for the transfer of real estate, the parties' speeches shall be on the same instrument.

§ 47

(1) Where a law provides that a decision by a competent authority is to be taken on a contract, the contract shall be effective by that decision. If the decision is negative, the contract shall be cancelled.

(2) If the law provides that a contract must be registered by a state notary, the contract shall be effective by registration. If the decision is negative, the contract shall be cancelled.

(3) If, on a proposal submitted within three years of the conclusion of the contract, no decision has been taken by the competent authority or registration, the parties shall be entitled to withdraw from the contract.

§ 48

(1) A participant may withdraw from the contract only if it is provided for in this Act or the participants agree.

(2) The withdrawal of the contract shall be cancelled from the outset unless otherwise agreed by law or by the parties.

§ 49

(1) A participant who has acted in error brought about by the other participant or who has had to be known to the other participant has the right to withdraw from the contract if the error concerns a circumstance that would not have occurred without it.

(2) If the misconduct was caused by the other participant intentionally, the participant who acted in error shall have the right to withdraw from the contract, whatever the error.

(3) It is also the right to withdraw from the contract that the participant who entered it into distress under clearly unfavourable conditions.

§ 50

(1) Participants may also conclude contracts for the benefit of a third party.

(2) Unless otherwise provided for in this Act or agreed by the parties, that person shall be entitled under the contract at the moment of his consent. The debtor has the same objections to it as to whom he has entered into the contract. If that person waives his right, the debt shall be extinguished if it has not been agreed that in this case the debtor's contract should be fulfilled.

(3) Until a third party gives its consent, the contract shall only apply between those who have concluded it; the right of performance shall be exercised by a participant who reserves the performance of a third party, unless otherwise agreed. The same applies if a third party has refused consent.

§ 51

Participants may also conclude contracts which are not specifically regulated; However, the contract may not contradict the content or purpose of this law.

Hlava pátá

ENSURE AND OBLIGATIONS

Guarantee

§ 52

The claim can be secured by guarantee. The guarantee shall be established by a written declaration by which the guarantor takes on the creditor the obligation to satisfy the claim if it is not satisfied by the debtor.

§ 53

The creditor shall at any time and without undue delay communicate the amount of his claim to the guarantor upon request.

§ 54

(1) The guarantor is obliged to comply with the debt if the debtor has not complied with it, although he has been requested in writing by the creditor.

(2) The guarantor may object against the creditor any objections that the debtor would have against the creditor.

§ 55

The guarantor may refuse compliance if the creditor has caused the claim not to be satisfied by the debtor.

§ 56

The debtor who has fulfilled the debt shall be entitled to claim compensation from the debtor for the performance provided by the creditor.

Salary and other income withholding agreement

Zobrazit všechna ustanovení (1675)

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Regulation Information

Citation	Full text of Act No. 70 / 1983 Coll., Civil Code (full text as shown by later amendments and additions)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	11.07.1983
Effective from	-
Effective until	-
Status	Valid

The regulation text is for informational purposes only.