Act No. 91 / 2012 Coll.

Law on Private International Law

Valid Effective from 01.01.2014
Contents
ČÁST PRVNÍ § 1 § 2 § 3 § 4 § 5 ČÁST DRUHÁ HLAVA I § 6 § 7 HLAVA II § 8 § 9 § 10 § 11 § 12 § 13 HLAVA III § 14 § 15 § 16 HLAVA IV § 17 § 18 § 19 ČÁST TŘETÍ § 20 § 21 § 22 § 23 § 24 § 25 § 26 § 27 § 28 ČÁST ČTVRTÁ HLAVA I § 29 § 30 § 31 § 32 § 33 § 34 § 35 § 36 § 37 § 38 § 39 § 40 HLAVA II § 41 § 42 § 43 HLAVA III § 44 § 45 HLAVA IV § 46 HLAVA V Díl 1 § 47 § 48 § 49 § 50 § 51 § 52 Díl 2 § 53 § 54 § 55 § 56 § 57 § 58 Díl 3 § 59 Díl 4 § 60 § 61 § 62 § 63 Díl 5 § 64 § 65 § 66 HLAVA VI § 67 HLAVA VII § 68 § 69 § 70 § 71 § 72 § 73 HLAVA VIII § 73a § 74 § 75 § 76 § 77 § 78 § 79 HLAVA IX § 80 HLAVA X § 81 § 82 § 83 HLAVA XI Díl 1 § 84 Díl 2 § 85 § 86 Díl 3 § 87 Díl 4 § 88 § 89 Díl 5 § 90 Díl 6 § 91 Díl 7 § 92 Díl 8 § 93 § 94 § 95 § 96 § 97 § 98 § 99 § 100 Díl 9 § 101 ČÁST PÁTÁ § 102 § 103 § 104 § 105 § 106 § 107 § 108 § 109 § 110 ČÁST ŠESTÁ HLAVA I § 111 HLAVA II § 112 § 113 § 114 HLAVA III § 115 § 116 ČÁST SEDMÁ § 117 § 118 § 119 § 120 § 121 § 122 ČÁST OSMÁ § 123 § 124 ČÁST DEVÁTÁ § 125
91
THE LAW
of 25 January 2012
on private international law
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GENERAL PROVISIONS
§ 1
Subject matter
This law regulates the international dimension
(a) the law of which the State is governed by private law, including the application of provisions other than the applicable law;
(b) the legal status of foreigners and foreign legal persons in private affairs;
(c) the jurisdiction and procedure of the courts and other authorities in adjusting the circumstances referred to in points (a) and (b), and their decision-making, including the procedure, if the international element is only in the proceedings itself;
(d) recognition and enforcement of foreign decisions;
(e) legal assistance in contact with foreign persons;
(f) certain matters relating to bankruptcy,
(g) certain matters relating to arbitration, including the recognition and enforcement of foreign arbitral findings.
§ 2
International treaties and regulations of the European Union
The law applies within the limits of the provisions of the declared international treaties by which the Czech Republic is bound (hereinafter referred to as the "international treaty ') and the directly applicable provisions of European Union law (1).
§ 3
The necessary provisions of legislation
The provisions of this law do not preclude the application of those provisions of the Czech legal order which must be applied within the limits of their subject-matter, regardless of the legal situation in which the legal regime is governed, in which case the effects of the application of such provisions will be shown.
§ 4
Reservation of public policy
The provisions of the foreign law to be applied under the provisions of this law shall not apply if the effects of such use are manifestly disproportionate to public policy. For the same reasons, a foreign decision, a foreign judicial settlement, a foreign notarial and other authentic instrument, a foreign arbitral finding, or a procedural action for a foreign application may not be recognised, or a legal relationship or fact arising from a foreign or foreign legal order may be recognised.
§ 5
Circumventing the law
Account shall not be taken of facts created or faked by deliberate conduct intended that those provisions of this Law which cannot be derogated from by the arrangement of the Parties should not apply or be applied otherwise than if they were not so created or faked.

ČÁST DRUHÁ

GENERAL PROVISIONS OF THE INTERNATIONAL RIGHT OF PROCESS

HLAVA I

POWER
§ 6
Jurisdiction of Czech Courts
(1) The jurisdiction of the Czech courts is given if, according to the procedural rules governing proceedings, the court is locally competent in the Czech Republic, unless the provisions of this law or other legislation imply otherwise.
(2) If the jurisdiction of the Czech courts is given in the case, their jurisdiction shall also apply to a mutual proposal from the same legal relationship or from the same factual circumstances.
§ 7
Exemptions from the jurisdiction of Czech courts
(1) Foreign States shall be excluded from the jurisdiction of the Czech courts in respect of the procedures resulting from their conduct and acts taken in the exercise of their national, governmental and other public powers and functions, including their assets, which are used or intended for such exercise.
(2) Exemptions from the jurisdiction of Czech courts shall not apply to other acts, acts or cases, to the extent that, under general international law or international agreement, rights may be exercised against a foreign State in the courts of another State.
(3) The powers of the Czech courts are not subject to persons, international organisations and institutions who, under international treaties, general international law or Czech law, enjoy immunity in the Czech Republic to the extent stated therein.
(4) The provisions of paragraphs 1 and 3 also apply to the service of documents, the summons of witnesses, the enforcement of decisions or other procedural acts.
(5) Service to foreign states, international organisations, institutions and persons enjoying immunity in cases where they are not excluded from the jurisdiction of Czech courts is facilitated by the Ministry of Foreign Affairs. If it cannot be delivered in this way, the court shall appoint a guardian.
(6) The provisions of paragraphs 1 to 5 shall also apply to the procedure of other Czech public authorities, if they decide mutatis mutandis in matters governed by this law.

HLAVA II

PROVISIONS CONCERNING THE PROCEDURE
§ 8
Basic provisions
(1) The Czech courts proceed in accordance with the Czech procedural rules, with the parties having equal status in the application of their rights.
(2) Proceedings initiated in another State do not prevent the initiation of proceedings on the same case between the same parties in the Czech court. If the proceedings before the Czech court were initiated later than the proceedings opened in another State, the Czech court may, where justified, suspend them if it is possible to assume that the decision of a foreign authority will be recognised in the Czech Republic.
Position of foreigners and foreign persons in proceedings
§ 9
(1) The eligibility of an alien to be a party to the proceedings and its procedural capacity shall be governed by the law of the State in which the alien is habitually resident; However, it is sufficient to qualify under the Czech legal order.
(2) The eligibility of foreign persons other than natural persons to be a party to the proceedings and their procedural capacity shall be governed by the law under which such person was created; However, it is sufficient to qualify under the Czech legal order.
§ 10
Foreigners and foreign legal persons are entitled, under the same conditions as nationals of the Czech Republic and Czech legal persons, to exemption from judicial fees and advances and to the provision of a free representative to protect their interests if reciprocity is guaranteed. The condition to guarantee reciprocity shall not apply to citizens of the Member States of the European Union and other States forming the European Economic Area.
§ 11
(1) The court may, on application by the defendant, order a court to lodge a security designated by the court for the costs of the proceedings to a foreign legal person who seeks a property right. If he does not lodge a security within the prescribed period, the court shall not, against the defendant's will, continue the proceedings and terminate the proceedings. That's what the prosecutor needs to learn.
(2) A security may not be lodged if:
(a) the application for its composition was lodged only when the defendant had already acted or carried out a procedural act, although he already knew that the applicant was not a national citizen of the Czech Republic or a Czech legal person, or that he had lost his citizenship of the Czech Republic or had ceased to be a Czech legal person or had no normal residence in the Czech Republic,
(b) in the State of which the applicant is a citizen, no security is required from a national of the Czech Republic or a Czech legal person in similar cases;
(c) the applicant has in the Czech Republic a real estate item sufficient to cover the costs incurred by the defendant in the proceedings;
(d) the application to initiate the procedure is handled by a payment order; or
(e) the applicant shall be exempt from judicial fees and advances.
(3) The obligation to lodge a security cannot be imposed on citizens of the Member States of the European Union or other States forming the European Economic Area.
Foreign public instrument
§ 12
(1) A document issued by a court, notary or foreign office, which is valid at the place where it was issued, for a document issued by a diplomatic representative or consular official operating in the Czech Republic, has the power of proof also in the Czech Republic if it is accompanied by the prescribed verification.
(2) If a document issued abroad cannot be certified in accordance with international practice and the competent representative office of the Czech Republic has no doubts about its authenticity, it shall affix a document stating that the representative office has no doubts about the authenticity of the document.
Detection of reciprocity
§ 13
The Ministry of Justice shall, upon request, provide the court with a communication of reciprocity by a foreign State.

HLAVA III

RECOGNITION AND EXTERNAL DECISION PERFORMANCE
§ 14
Decisions of the courts of a foreign State and decisions of the authorities of a foreign State on rights and obligations which, according to their private law, would be decided by the courts in the Czech Republic, as well as by foreign judicial settlements and foreign notaries and other authentic documents in these cases (hereinafter the "foreign decision '), are effective in the Czech Republic if they were acquired by a competent foreign authority of legal authority and were recognised by the Czech public authorities.
§ 15
(1) Unless otherwise provided for in other provisions of this law, a final foreign decision may not be recognised if:
(a) the case falls within the exclusive competence of the Czech courts or, if the proceedings could not be carried out with any foreign authority, if the provisions on the jurisdiction of the Czech courts were applied to assess the competence of a foreign authority, unless the party against whom the foreign decision is directed has voluntarily submitted to the powers of the foreign authority;
(b) the same legal relationship is pending before the Czech court and the proceedings were initiated before the procedure was opened abroad in which a decision was given which recognition is sought;
(c) a final decision has been given by the Czech court on the same legal relationship or a final decision has already been recognised in the Czech Republic by an authority of a third State;
(d) the party to whom the decision is to be recognised has been removed by the procedure of a foreign authority from the opportunity to participate properly, in particular if he has not received a summons or an application to initiate the procedure;
(e) recognition would clearly be contrary to public policy; or
(f) reciprocity is not guaranteed; reciprocity is not required unless a foreign decision is directed against a Czech citizen or a Czech legal person.
(2) The obstacle referred to in paragraph 1 (d) shall be taken into account only if the party to proceedings against whom a foreign decision is to be recognised is so called. This shall also apply to the obstacles referred to in points (b) and (c) of paragraph 1, unless their existence is otherwise known to the recognition authority.
§ 16
(1) Recognition of a foreign decision in property matters is not made by a special statement. The foreign decision is recognised by the Czech public authority taking into account it as if it were a decision of the Czech public authority. Where a reservation of public policy or other grounds for refusal of recognition cannot be taken into account without further consideration, the procedure shall be suspended and the time limit for initiating the special procedure referred to in paragraph 4 shall be determined. After its final termination or the expiry of that period, the suspended procedure shall be continued.
(2) Foreign decisions in other matters shall be recognised in the special procedure referred to in paragraph 4, unless that law provides that foreign decisions shall be recognised without further procedure.
(3) A foreign decision may be recognised on a proposal in the specific procedure referred to in paragraph 4 even if it is recognised without further procedure.
(4) In a special recognition procedure, the court shall decide on recognition by judgment; the negotiations need not be ordered. To declare recognition is the local competent district court, which is the general court of the person who proposes recognition, otherwise the district court in whose district the fact for which recognition is of importance or may arise, unless the provisions of this law or other legislation provide otherwise.
(5) On the basis of a foreign decision on property matters which fulfils the conditions for recognition under this law, enforcement of this decision may be ordered by a decision of the Czech court, which must be justified.

HLAVA IV

SPECIFIC PROVISIONS CONCERNING THE RECOGNITION AND EXECUTION OF CERTAIN FOREIGN DECISIONS
§ 17
The provisions of this Title shall apply in procedures for the recognition and enforcement of foreign decisions which are governed by the provisions of directly applicable European Union or international agreements requiring a declaration of enforceability.
§ 18
Where a Party requests, in accordance with a directly applicable regulation of the European Union or an international agreement, recognition to be decided in a separate procedure, the court shall decide by judgment on recognition. Negotiations need not be ordered.
§ 19
(1) At the same time as the application for a declaration of enforceability, a proposal for a regulation of enforcement may be submitted under another law. In such a case, the court shall, in a single decision, decide on both proposals by separate statements, which must be justified. The decision must be justified even if only one of these proposals is decided.
(2) Where the court referred to in paragraph 1 and where there is a time limit for bringing an appeal against a decision on recognition or a declaration of enforceability of foreign decisions which is longer than that provided for in another law for bringing an appeal against a decision ordering enforcement of a decision, that longer period shall also apply to an appeal against a decision ordering enforcement of a decision.
(3) Where the Court of Appeal has examined the grounds for which a foreign decision may not be recognised and those grounds could not be examined at first instance by the Court of First Instance under the provisions of the provisions directly applicable to the provisions of the European Union or of the international treaty, and if it testifies to those grounds for non-recognition, the Court of Appeal shall amend the decision of the Court of First Instance by rejecting the application.
(4) A decision may not take legal authority in an order ordering enforcement of a decision before the decision is declared enforceable.

ČÁST TŘETÍ

GENERAL PROVISIONS RELATING TO PRIVATE INTERNATIONAL LAW
§ 20
Qualification
(1) The legal assessment of a particular legal relationship or question in order to seek the applicable conflict clause for determining the applicable law is usually carried out in accordance with Czech law.
(2) Where legal provisions of more than one legal order are to be used for a particular legal relationship or question, the evaluation of those provisions in accordance with paragraph 1 may also take into account the function they perform in their legal order.
(3) Where the law applicable to the basic ratio has been determined, an evaluation of a particular ratio or issue linked to the basic ratio shall normally be carried out under that law.
(4) The facts set out in the conflict-of-law provisions of this law for determining the applicable law (border designators) are assessed under Czech law.
§ 21
Reverse and other link
(1) If the provisions of this law order the application of foreign law, the provisions of which refer back to Czech law, the substantive provisions of Czech law shall apply. Where the provisions of foreign law refer to the law of another foreign State, the substantive provisions of that law shall apply if it is to be applied under its conflict provisions; otherwise the substantive provisions of Czech law shall apply.
(2) Neither retroactive nor further reference is to be taken into account in terms of obligations and labour law. Where the applicable law has been chosen by the Parties, its conflict provisions may be taken into account only if this results from the arrangements of the Parties.
§ 22
Preliminary questions
(1) The provisions of this Law shall apply in determining the applicable law for the question referred for a preliminary ruling. If the jurisdiction of the Czech courts had not been given for a question referred for a preliminary ruling, if it had been decided separately, the law applicable to it shall be applied to the determination of the law applicable to it by the law governing the fundamental question if that question is governed by foreign law.
(2) If the question referred for a preliminary ruling has previously been decided by the competent Czech public authority or by a court or authority of a foreign State whose decision fulfils the conditions for recognition in the Czech Republic, the court shall base that decision.
§ 23
Detection and use of foreign law
(1) Where other provisions of this law do not imply otherwise, the foreign law to be applied under the provisions of this law shall also be applied on its own motion and as it is used in the territory in which that law applies. It shall apply those provisions which, in the territory in which that right applies, would apply to the decision in the case, irrespective of their systematic classification or their public law nature, provided that they do not conflict with the necessarily applicable rules of Czech law.
(2) Unless otherwise specified, the content of the foreign law to be applied under the provisions of this Act shall be established on its own motion on an official basis. The court or public authority which acts in matters governed by this law shall take all necessary measures to establish it.
(3) If the content of foreign law is not known to the court or public authority which acts in matters governed by this law, it may also request the opinion of the Ministry of Justice to establish it.
(4) If the rule of law of a State which has more than one legal area or different arrangements for certain groups of persons is to be applied, the laws of that State shall decide on the application of the relevant legislation.
(5) If foreign law is not detected or impossible in a reasonable period of time, Czech law shall apply.
§ 24
Exceptional and supportive determination of applicable law
(1) The legal order which should be applied under the provisions of this Law may not be applied in very exceptional cases if, at the appropriate reasonable discretion, the summary of all the circumstances of the case and, in particular, the reasonable expectation of the parties as to the application of another legal order would appear to be disproportionate and contrary to the reasonable and fair organisation of the parties' relations. In those circumstances and without prejudice to the rights of other persons, the legal order of application of which corresponds to this arrangement shall apply.
(2) Where, for a specific ratio or question falling within the scope of the provisions of this Act, the applicable law may not be determined under other provisions of the law, they shall be subject to the law which is with them most closely, unless the parties have chosen or otherwise indicated the application of a particular law.
§ 25
Necessary provisions of other foreign law
The provisions of the legal order of another State which is not to be applied under the provisions of this Law may apply to the application of a participant, but under the legal order of which they are part, they shall apply regardless of the legal order governing the rights and obligations which they are subject to. The condition for application is that the rights and obligations in question have a sufficiently significant relationship with that other State and that this is fair given the nature of those provisions, their purpose or the consequences which would result, in particular, for participants from their use or non-use. A Participant applying such provisions shall demonstrate the validity and content of those provisions.
Legal status of foreigners and foreign legal persons in private affairs
§ 26
(1) An alien means a natural person who is not a national citizen of the Czech Republic. A foreign legal person is a legal person having its registered office outside the Czech Republic.
(2) Foreigners and foreign legal persons have the same rights and obligations as national citizens of the Czech Republic and Czech legal persons in the field of their personal and property rights, unless otherwise provided by this law or other legislation.
(3) In the event that a foreign State treats state citizens of the Czech Republic and Czech legal persons differently from its citizens and legal persons, the Ministry of Foreign Affairs may provide, in agreement with the competent authorities, that paragraph 2 does not apply. This is not the case where foreigners and foreign legal persons are subject to the same rights and obligations under European Union law as national citizens of the Czech Republic and Czech legal persons, or the fundamental human rights of a stranger would be violated.
§ 27
The status of foreigners and foreign legal persons in business in the Czech Republic, in the field of labour law, in the field of copyright and industrial law are governed by other legislation.
§ 28
Multiple or uncertain nationality
(1) If someone is a state citizen of the Czech Republic at the relevant time and if they consider him to be another state, citizenship of the Czech Republic is decisive.
(2) If, at the same time as a citizen of a number of foreign States, a person is also a citizen of several foreign States, the nationality acquired shall be the last to decide if, in view of the living conditions of the person, his or her relationship with another foreign State of which he or she is a citizen is not significantly outweighed; in that case, the nationality of that State shall be determined.
(3) Those who, at the relevant time, are not a citizen of any State or whose nationality cannot be determined in accordance with paragraph 2 shall be regarded as being a citizen of the State in whose territory they are habitually resident at the relevant time and shall not be able to ascertain in whose territory they are present at the relevant time. If it is not possible to find out, it is for the purposes of this law as if it were a national of the Czech Republic.
(4) Where a person is an applicant for international protection, an asylum seeker or is a homeless person under another legislation or international agreement, his personal status shall be governed by the provisions of international treaties governing the status of refugees and the status of stateless persons.

ČÁST ČTVRTÁ

PROVISIONS APPLICABLE TO SINGLE SPECIES OF PRIVATE AUTHORITIES

HLAVA I

ELIGIBILITY FOR RIGHTS AND OBLIGATIONS AND ELIGIBILITY FOR LEGAL PROVISIONS
§ 29
Natural persons
(1) Legal personality and incapacity shall be governed, unless otherwise provided for in this law, by the law of the State in which the person is habitually resident.
(2) If this law does not provide otherwise, it is sufficient for a natural person acting in a legal capacity to be eligible under the legal order in force at the place where the natural person acts.
(3) The regulation of the name of a natural person is governed by the law of the State of which it is a citizen. However, that person may call for the application of the rule of law of the State in whose territory he is habitually resident.
§ 30
Legal persons
(1) The legal personality of a legal person and the competence of a non-natural person are governed by the law of the State under which it was created. This legal order shall also be governed by a business firm or by the name and the internal circumstances of such a person, the relationships between such person and his or her partners or members, the mutual relationships of members or members, the liability of members or members for the obligations of such person and who acts as a person as his or her authority and the termination thereof.
(2) It is sufficient for such a person to be bound by normal conduct if he is eligible under the legal order in force at the place where such conduct was made.
(3) A legal person based in the Czech Republic can only be established under the Czech legal order. This is without prejudice to the possibility of transferring to the Czech Republic the registered office of a legal person established under the legal order of a foreign State which has its registered office abroad, if the international agreement so permits, directly applicable European Union law or other legislation.
Exchange and checkability
§ 31
(1) The eligibility of a person to undertake in exchange or in cheques shall be governed by the law of the State of which he is a citizen. If he declares that right to be a decisive law of another State, the law of that other State shall apply.
(2) However, those who are not eligible to make an exchange or chequered commitment under the legal order referred to in paragraph 1 shall be legally obliged to sign a note or a cheque in the State under whose law they would be eligible to make an exchange or chequered commitment. This does not apply if it is a national of the Czech Republic or a person who is habitually resident in the Czech Republic.
§ 32
Who can be described as a checkmaker shall be governed by the law of the State in which the check is due. However, if, under these laws, the check is invalid in relation to the person in charge of the checkbook, the obligations in force on the signatures which were written on the check in a State whose legal order does not provide for the annulment for such a reason are still valid.
Limitation of incapacity and custody
§ 33
(1) In matters of limitation of inlawfulness as well as in matters of guardianship, the jurisdiction of the Czech courts is given, if it is for persons who are normally resident in the Czech Republic, or if it is for nationals of the Czech Republic, even if they are habitually resident abroad. The Czech court does not need to initiate proceedings if measures taken abroad are sufficient to protect the rights and interests of a Czech citizen.
(2) If the jurisdiction of the Czech courts referred to in paragraph 1 is not given, the Czech court shall be confined to the measures necessary to protect the person and his property and shall inform the authority of the State in which the person is habitually resident. If the competent authority of a foreign State had not modified the circumstances of a person within a reasonable period of time, the Czech court would have done so.
(3) The Czech court shall not proceed to the notification of the authorities of a foreign State pursuant to paragraph 2 if the applicant for international protection, asylum seekers and beneficiaries of additional protection is subject to another legislation. In this case, the conditions of the person will be adjusted by the Czech court.
§ 34
The conditions for the establishment and termination of custody and the conditions for the limitation and waiver of incapacity shall be governed by the law of the State in which the guardian is habitually resident. Maternity care is a matter of primary custody and property, let this property be anywhere, if the State in which the property is held grants this custody effectiveness.
§ 35
The obligation to accept and maintain custody shall be governed by the law of the State in which the guardian is habitually resident.
§ 36
The legal situation between the guardian and the guardian shall be governed by the law of the State in which the custody court or authority is situated.
§ 37
If the provisions of § 34 to 36 do not imply otherwise, the Czech court makes the measures under Czech substantive law.
§ 38
A competent foreign decision in respect of restrictions and waivers and in respect of the custody of a stranger which has been issued by the courts or authorities of the State of which the alien is a citizen (hereinafter referred to as "home State ') or the State where the alien is habitually resident shall be recognised without further procedure.
Declaration for dead or missing
§ 39
(1) It is solely for the Czech court to declare a Czech citizen dead or missing.
(2) The Czech court may declare a foreign court to be dead or missing with legal consequences for nationals of the Czech Republic, as well as for persons normally resident in the Czech Republic and for property which is in the Czech Republic.
(3) In cases of declaration as dead or missing, the Czech court will always apply Czech substantive law.
§ 40
The competent foreign decision in respect of a declaration by a stranger as dead or missing, issued by the courts or authorities of the home State of a stranger or the State in which the stranger last had his habitual residence, shall be recognised without further proceedings.

HLAVA II

LEGAL PROCEDURE
§ 41
The existence and validity of the legal act, as well as the consequences of its annulment, shall be governed by the same legal order as the legal relationship established by it, unless otherwise provided by law or by the nature of the case. The determination of these legal rules shall be treated as if the legal proceedings were valid.
§ 42
(1) The contract and other legal acts are valid in their form if the form complies with the rule of law of the State,
(a) governing the contract or other legal acts and the legal relationship established by them;
(b) in which a declaration of will has been made to some of the negotiators,
(c) where a person has his habitual residence or registered office; or
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Regulation Information

CitationAct No. 91 / 2012 Coll., on Private International Law
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation22.03.2012
Effective from01.01.2014
Effective until-
Status Valid
The regulation text is for informational purposes only.

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