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What's new at the law firm

Church restitution - success at the Constitutional Court

ŠZ Law Office was successful before the Constitutional Court in the significant case, highlighted in the media, of church restitution of ponds in South Bohemia, more specifically in a dispute with the Roman Catholic Parish - Prelature Český Krumlov. The rulings of all courts of a lower instance were overturned in light of the constitutional complaint which we filed and the case was referred back to the court of the first instance for a new hearing. Attorneys Jan Zrzavecký and Michaela Šerá were involved in the case. Our firm has long represented the companies of Rybářství Třeboň in a number of court cases relating to church restitution, which are factually and legally rather complex. These are the types of disputes in which the church seeks determination that property which the client acquired through privatisation in 1992 (land with ponds) is what is known as historical church property that was precluded from privatisation, meaning that the state remained the owner of that property. Winning the dispute is then the condition on which the church can thereafter apply to the Czech Republic to surrender the property as part of church restitution. The courts originally vindicated the church, saying that the restitution of property takes precedence, in spite of the fact that this would cause fresh grievances on the side of the client (the actual taking of property that the client has managed for more than 25 years now in good faith). The award handed down by the Constitutional Court, however, vindicated our argument, that restitution does not take absolute precedence, but that it is always necessary to take all the circumstances of the case into account and that even in these types of disputes is it possible for the ownership right to the concerned property to endure based on the good faith of the client.

News

The further expansion of our legal team has seen the arrival of attorney Mgr. Tomáš Bubrjak.

Tomáš Bubrjak is an experienced attorney who specialises in advice in the spheres of public procurement, the disposal of property, insolvency law, administrative law, and building law. Before joining ŠIROKÝ ZRZAVECKÝ, Tomáš worked at some leading Czech law offices, specialising in public law.

Important amendment to the Civil Code

A draft act was included in the order of proceedings at the meeting of the Senate on 18.3.2020 which will change the provisions of the Civil Code, the Act on Business Corporations, and other laws. The amendment in question will lead to a long-awaited amendment to the provisions of Section 1124 and 1125, concerning the pre-emptive right of co-owners. Co-owners will now only have the pre-emptive right in the event that co-ownership was established by way of acquisition for the case of death or other legal fact such that the co-owners were unable to influence their rights and obligations from the very beginning. The amendment has no influence on the existence of pre-emptive rights that were established prior to the effective date of the amendment (this is expected to be 1.7.2020). The conditions of joint ownership of housing will also change in the Civil Code and the legal regime of cooperatives will be changed significantly in the Act on Business Corporations. Please contact us for more information.

Moving to larger premises

In connection with the continuing expansion of our legal team, our law office has moved to larger premises within Galerie Myšák. You will find us, in modern, fully-renovated offices, on the fifth floor of the building.    

Advice during acquisition

ŠZ Law Office represented a client in the acquisition of a company involved in light microscopy and provided legal advice, among other on the structuring of financing the transaction. Attorneys Pavel Široký and Vladislava Kučerová took part in the transaction.

Advice in bond issue

The legal team at ŠZ, led by Pavel Široký, advised a client working in property on the structuring of a private bond issue. Legal advice focused on structuring the transaction, preparing the terms and conditions of issue, the issue prospectus, dealing with regulatory questions, and ensuring the subsequent administration of the issue.   

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