JŠK Legal Flash

Goods stacked on the shelves in a self-service shop can be subject of the material liability agreement

Goods that are stored in a shop are, by their nature, intended for turnover or circulation, irrespective of which part of the shop they are in. Employee does not lose the possibility of personal disposition of goods merely because they are „stacked“ on the shelves of a self-service shop. Section 252 Article 1 of the Labour Code contains only non-exhaustive list of values related to material responsibility. The "personal disposition" option is not exhausted exclusively by the option where the responsible employee excludes other persons from the possibility to dispose of the goods, but also when the goods are accessible in such a way that customers can choose and serve themselves under the supervision of a responsible employee.

(Judgement of the Supreme Court 21 Cdo 492/2019 of 23 July 2019)

22. 11. 2019

The Chamber of Deputies approved the expected draft of an extensive amendment to the Business Corporations Act and other related acts

The amendment introduces changes in the corporate governance of capital companies, including issues of performance, establishment and termination of statutory board members, distribution of equity, the monistic system of internal management of joint stock companies or ensuring greater protection of the rights of shareholders and third parties. The amendment also seeks to clarify a number of legal and technical provisions. The text of the bill was delivered to the Senate and is now subject to its approval. Effectiveness is scheduled for 1 January 2021.

19. 11. 2019

When in doubt, cadastral register records need to be verified, one cannot rely on good faith

The Supreme Court has recently decided under what conditions can a pledgee acquire the right of pledge ownership from pledger who is contrary to reality registered as the real owner in the cadastral register. Although common caution does not fundamentally include an obligation to take action to verify correctness of the record in the cadastral register, in this case the pledgee was aware of the circumstances that should have raised doubts about the correctness of the record. If such information is known to the acquiring person, one cannot invoke good faith in the cadastral register without verifying those circumstances. Those circumstances may include a notice of dispute, ongoing legal proceedings to determine property rights or other material facts, for instance material facts ascertained in the course of legal due diligence.

(Judgement of the Supreme Court 21 Cdo 4540/2018 of 25th June 2019)

13. 11. 2019
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