The Curia in its decision of 2016 examined the date when the debtor may dispute the claim and the invoicing obligation of the creditor, and drew essential conclusions in connection with the fact as to when liquidation can be ordered against the debtor.
The question may often arise on the side of the employer in the practice whether the loss of confidence in connection with an employee may provide a ground for termination of employment relationship with immediate effect. According to the relevant legislative provisions, employees, among others, are required to work personally, with expertise and diligence generally expected from them, according to the rules, requirements, instructions and customs relating to their job, furthermore to behave in a way honouring the trust necessary to perform their job.
From 2017 leasing companies performing real estate financing must also undertake to ensure as a condition of favourable duty of 2% that the lease agreement is performed. As of 1 January, the Act on Duties implicitly increased by 1% the former favourable duty rate of 2% applicable to closed-end lease agreements.
Numerous questions had already arisen in connection with capital decrease under the effect of the Act on Business Associations, on which the legislator did not give answers upon the entry into force of the new Civil Code. Thus, it remained among others unclear when a communication must be published twice in connection with the capital decrease or when the creditor protection proceedings must be conducted. The recent judicial practice answers numerous related questions; however, it also raises some new issues which have remained unaddressed.
In accordance with the applicable statutory regulations, private limited insurance companies (public interest entity) and reinsurance companies or public insurance companies and reinsurance companies are required to operate an audit committee of at least 3 members, the members of which shall be elected by the supreme body (general meeting) from the members of the board of directors or the supervisory board.
The law ensures protection for the assets of minors with different limits considering the limited capacity of discretion of minors. Businesses to be concluded with minors require careful consideration having regard to these limits.
Act CXLIII of 2015 significantly changed the provisions regarding public procurement due to the new EU public procurement directives. The Bill currently submitted has already taken the practical experiences of the period passed since the entry into force of the new law into account. The most essential objective of the amendment is the expansion of competition and the tightening control over the use of public funds.
As many know, residential lease agreements may be validly entered into only in writing. However, it may arise as a question if our lessee does not pay or behaves in such a way which makes the maintenance of the lease impossible, whether we may terminate the residential lease agreement by email?
The Parliament adopted the amendments on tax laws. The most important changes will be summarised in the following.
Act I of 2012 on the Labour Code (“Labour Code”) has changed the former rules in several respects including the issue of fixed-term employment relationship. However, the original rules and related amendments have also become source of a number of misunderstandings and legal disputes.
