Questionnaire Czech Republic
IV.2 What are his main tasks in the field of private and commercial law?
The Prosecuting Attorney´s Office is authorised to
file a petition initiating a suit:
- as per sect. 42 Prosecuting Attorney´s Office Act, the prosecuting attorney may file a petition initiating a civil proceedings for invalidity of contract for the transfer of ownership in the cases where provisions that limit the freedom of the contracting parties was not respected at its concluding;
- as per sects. 21 and 29 Act 2/1991 Coll., on collective negotiation, as amended by Act 519/1991 Coll., Act 118/1995 Coll., Act 155/1995 Coll. and Act 220/2000 Coll. – action to determine illegality of a strike or lock-out;
- as per sect. 90, para. 1 of the Youth Justice Act the prosecuting attorney may propose imposition of the measures concerning young people (child younger than 15, which committed an act otherwise deemed as a crime);
- as per sect. 35, para. 3 Civil Procedure Code (CPC), i.e. a petition for:
- judgement imposing protective measures,
- order to impose or extend a special institution treatment,
- suspension, limitation or deprivation of parental responsibility,
unless the proceeding was initiated by the court without the petition or based to a petition filed by another petitioner;
- based on own findings obtained at exercise of its power, the applicable Prosecuting Attorney´s Office is as a governmental agency authorized to file a petition for:
- dissolution of a trading company under the conditions specified in sect. 68, para. 6 Commercial Code,
- new winding-up of a company as per sect. 75b, para. 1 or para. 2 Commercial Code,
- dissolution of a co-operative under the conditions specified in sect. 257, para. 1 Commercial Code,
- dissolution of a benevolent association under the conditions specified in sect. 8, para. 4 Act 248/1995 Coll., on benevolent associations and on modifications and amendments to some laws;
- petition for nullity as per sect. 231, para. 2 CPC (only in matters specified in sect. 35, para. 1 CPC), having a character of an extraordinary remedial measure.
As per sect. 35, para. 1 CPS, the Prosecuting Attorney´s Office is authorized to enter the proceedings in the following matters:
- consent of a parent to adoption necessity determination;
- judgement imposing protective youthful and young offenders rehabilitation as per Sec. 43, para. 1 and 2 of the Family Act;
- order to impose or extend a special institution treatment;
- suspension, limitation or deprivation of parental responsibility;
- deprivation of legal capacity;
- declaration of the death of a person;
- grant of a permission to take or detain a person in a medical/special treatment institution;
- redemption of instruments;
- commercial register, register of benevolent associations, register of foundations and register of associations of owners;
- bankruptcy and composition including disputes incited by such proceedings (sect. 35, para. 1, letter k CPC;
- association of owners (sect. 35, para. 1, letter l CPC;
- some issues concerning trading companies, cooperatives and other legal entities (Sec. 35, para. 1, letter j) of CPC, 200e of CPC. This is the case of proceedings in matters specified in Sec. 9, para. 3, letter b), d), e), f) and g) of CPC, referred to by Sec. 200e of CPC ; namely:
- status matters concerning trading companies, cooperatives and other legal entities under the part one, two and four of the Commercial Code, ie. mainly in the matters of:
- waiver of an obstacle to the exercise of the statutory body or its member´s function as per Sec. 31, para. 4, of the Commercial Code;
- declaration of a trading company invalidity as per sect. 68a, para. 2 Commercial Code;
- declaration of invalidity of a decision on the company´s legal status change as per sect. 69g Commercial Code;
- withdrawal of a partner´s assignment to manage a company as per sect. 81, para. 3 of the Commercial Code;
- dissolution of an unlimited liability company upon a motion of a partner (sect. 90, para. 1 of the Commercial Code) in the case of material breach of another partner´s duty to perform duly or where the reason for which the company was founded cannot be reached;
- exclusion of a member upon a motion of a company as per sect. 90, para. 2 Commercial Code for material breach of duty to perform duly;
- exclusion of a member from a limited liability company for material breach of duty to perform duly (sect. 149 Commercial Code);
- termination of a member heir´s participation in a limited liability company (sect. 116, para. 2 Commercial Code);
- termination of a member´s participation in a limited liability company (sect. 148, para. 1 Commercial Code);
- review of a member´s share in the liquidation balance of a company (sect. 75, para. 2 Commercial Code);
- paying off the difference between the price specified in the takeover bid and reasonable price (sect. 183c, para. 5 Commercial Code);
- appointment of missing members of a joint-stock company board of directors, or its winding-up and liquidation as per sect. 194, para. 2 Commercial Code;
- adequate security as per sect. 215, para. 4 of the Com. Code;
- provision of sufficient security as per sect. 220j, para. 1 Commercial Code;
- removal of liquidator of a stock corporation and replacement by another person (sect. 219, para. 2 Commercial Code);
- trading company winding-up and liquidation in the cases specified in sects. 68, para. 3, 6, 113, para. 6, 119, 161b, para. 4, 764, para. 2 Commercial Code and as per sect. II, clause 4 of Act 142/1996 Coll.;
- protection of creditors and liability for damage at a company legal status change against company statutory body members (sect. 69f Commercial Code);
- petition by shareholders for authorization to call an extraordinary general meeting of a stock corporation (sect. 181, para. 2 Commercial Code), decision-making on invalidity of the stock corporation general meeting´s resolutions (sects. 183 and 131 Commercial Code);
- petitions for invalidity of a contract to merge as per sect. 220a, para. 11 Commercial Code;
- declaration of invalidity of general meeting´s resolution to merge as per sect. 220h Commercial Code;
- enforcement of a shareholder´s right to a settlement under the conditions of sect. 220k, para. 2 Commercial Code;
- determination of a higher charge upon a motion of a shareholder who did not agree with undercharges at exchange of shares (§ 220v Commercial Code);
- declaration of invalidity of a cooperative membership meeting´s resolution to exclude a cooperative member, if the cooperative membership meeting´s resolution is in contrary to laws or by-laws (sect. 231, para. 5 Commercial Code);
- determination of a share in the cooperative´s liquidation balance (sect. 765, para. 5 Commercial Code).
- proceedings in the matters of a benevolent association winding-up and liquidation and on appointing of a liquidator as per sects. 8, para. 4 and 5, sect. 9, para. 2 Act 248/1995 Coll., on benevolent associations and on modifications and amendments to some laws, unless the action is initiated by a motion of the prosecuting attorney as a governmental agency as per sect. 8, para. 4 of the cited Act.
- proceedings in the matters of winding-up of a foundation or endowment fund, on their liquidation, appointing of the foundation´s or endowment fund´s liquidator and on appointing of new members of the foundation or endowment fund board of directors as per sects. 7, para. , 9, para. 2 and 16 of Act 227/1997 Coll., on foundations and endowment funds and on modifications or amendments of some relevant laws.
- proceedings in the matters of winding-up of a state-owned enterprise and on appointing and removal of its liquidator as per Sec. 6, para. 4 and sect. 9, para. 3 Act 77/1997 Coll., on state-owned enterprises. It also may enter the proceedings of a state-owned enterprise dissolution with liquidation and appointing of a liquidator, where the state-owned enterprise incorporator did not adapt its foundation charter and supervisory board to Act 77/1997 Coll. (sect. 20, para. 4 Act 77/1997 Coll.).
- proceedings regarding disputes arising from legal relationships between trading companies (cooperatives) and their founders (partners or members) as well as among the partners (members or founders) themselves, if it is the case of relationships relating to participation in the company (membership in cooperatives), relationships arising from contracts by which a partner´s share is transferred (member´s rights and obligations), relationships relating to registered capital increasing (by admitting a new partner or member), unless it is the case of status matters of trading companies, cooperatives and other legal entities. The proceedings under this clause apply mainly to proceedings in the following matters:
- if initiated by an unlimited liability company partner´s petition for payment of the contribution off against another partner as per sect. 82a of the Com. Code,
- if initiated by a limited liability company partner´s petition for payment of the contribution off against another partner as per sect. 131a, para. 1 of the Com. Code,
- if initiated by shareholders appointed to act on behalf of a stock corporation for payment of issue price of shares (sect. 182, para. 2 of the Com. Code),
- if initiated by a petition for entering into a contract to buy participation securities (to replace the consent by the court) as per sect. 183g, para. 1 of the Com. Code,
- if initiated by a petition for concluding a contract or indemnification for a damage due to a breach of a commitment to conclude a contract (sect. 186a, para. 6 of the Com. Code),
- admittance of the right to an indemnification incurred to a directed person due to breach of duty to perform duly of persons specified in sect. 190b, para. 3 of the Com. Code (sect. 190b of the Com. Code),
- if initiated by a petition of partners for determination of an adequate indemnification as per sect. 190c, para. 2 of the Com. Code,
- if initiated by a petition of a shareholder for indemnification against a legal successor of a terminated share corporation (sect. 220a, para. 3 of the Com. Code).
Supervision over adherence to legal regulations:
- at serving custody;
- at serving a sentence of imprisonment; and
- at serving at treatment in a special institution and protective rehabilitation.
- as per sect. 42 Prosecuting Attorney´s Office Act, the prosecuting attorney may file a petition initiating a civil proceedings for invalidity of contract for the transfer of ownership in the cases where provisions that limit the freedom of the contracting parties was not respected at its concluding;
- as per sects. 21 and 29 Act 2/1991 Coll., on collective negotiation, as amended by Act 519/1991 Coll., Act 118/1995 Coll., Act 155/1995 Coll. and Act 220/2000 Coll. – action to determine illegality of a strike or lock-out;
- as per sect. 90, para. 1 of the Youth Justice Act the prosecuting attorney may propose imposition of the measures concerning young people (child younger than 15, which committed an act otherwise deemed as a crime);
- as per sect. 35, para. 3 Civil Procedure Code (CPC), i.e. a petition for:
- judgement imposing protective measures,
- order to impose or extend a special institution treatment,
- suspension, limitation or deprivation of parental responsibility,
unless the proceeding was initiated by the court without the petition or based to a petition filed by another petitioner;
- based on own findings obtained at exercise of its power, the applicable Prosecuting Attorney´s Office is as a governmental agency authorized to file a petition for:
- dissolution of a trading company under the conditions specified in sect. 68, para. 6 Commercial Code,
- new winding-up of a company as per sect. 75b, para. 1 or para. 2 Commercial Code,
- dissolution of a co-operative under the conditions specified in sect. 257, para. 1 Commercial Code,
- dissolution of a benevolent association under the conditions specified in sect. 8, para. 4 Act 248/1995 Coll., on benevolent associations and on modifications and amendments to some laws;
- petition for nullity as per sect. 231, para. 2 CPC (only in matters specified in sect. 35, para. 1 CPC), having a character of an extraordinary remedial measure.
As per sect. 35, para. 1 CPS, the Prosecuting Attorney´s Office is authorized to enter the proceedings in the following matters:
- consent of a parent to adoption necessity determination;
- judgement imposing protective youthful and young offenders rehabilitation as per Sec. 43, para. 1 and 2 of the Family Act;
- order to impose or extend a special institution treatment;
- suspension, limitation or deprivation of parental responsibility;
- deprivation of legal capacity;
- declaration of the death of a person;
- grant of a permission to take or detain a person in a medical/special treatment institution;
- redemption of instruments;
- commercial register, register of benevolent associations, register of foundations and register of associations of owners;
- bankruptcy and composition including disputes incited by such proceedings (sect. 35, para. 1, letter k CPC;
- association of owners (sect. 35, para. 1, letter l CPC;
- some issues concerning trading companies, cooperatives and other legal entities (Sec. 35, para. 1, letter j) of CPC, 200e of CPC. This is the case of proceedings in matters specified in Sec. 9, para. 3, letter b), d), e), f) and g) of CPC, referred to by Sec. 200e of CPC ; namely:
- status matters concerning trading companies, cooperatives and other legal entities under the part one, two and four of the Commercial Code, ie. mainly in the matters of:
- waiver of an obstacle to the exercise of the statutory body or its member´s function as per Sec. 31, para. 4, of the Commercial Code;
- declaration of a trading company invalidity as per sect. 68a, para. 2 Commercial Code;
- declaration of invalidity of a decision on the company´s legal status change as per sect. 69g Commercial Code;
- withdrawal of a partner´s assignment to manage a company as per sect. 81, para. 3 of the Commercial Code;
- dissolution of an unlimited liability company upon a motion of a partner (sect. 90, para. 1 of the Commercial Code) in the case of material breach of another partner´s duty to perform duly or where the reason for which the company was founded cannot be reached;
- exclusion of a member upon a motion of a company as per sect. 90, para. 2 Commercial Code for material breach of duty to perform duly;
- exclusion of a member from a limited liability company for material breach of duty to perform duly (sect. 149 Commercial Code);
- termination of a member heir´s participation in a limited liability company (sect. 116, para. 2 Commercial Code);
- termination of a member´s participation in a limited liability company (sect. 148, para. 1 Commercial Code);
- review of a member´s share in the liquidation balance of a company (sect. 75, para. 2 Commercial Code);
- paying off the difference between the price specified in the takeover bid and reasonable price (sect. 183c, para. 5 Commercial Code);
- appointment of missing members of a joint-stock company board of directors, or its winding-up and liquidation as per sect. 194, para. 2 Commercial Code;
- adequate security as per sect. 215, para. 4 of the Com. Code;
- provision of sufficient security as per sect. 220j, para. 1 Commercial Code;
- removal of liquidator of a stock corporation and replacement by another person (sect. 219, para. 2 Commercial Code);
- trading company winding-up and liquidation in the cases specified in sects. 68, para. 3, 6, 113, para. 6, 119, 161b, para. 4, 764, para. 2 Commercial Code and as per sect. II, clause 4 of Act 142/1996 Coll.;
- protection of creditors and liability for damage at a company legal status change against company statutory body members (sect. 69f Commercial Code);
- petition by shareholders for authorization to call an extraordinary general meeting of a stock corporation (sect. 181, para. 2 Commercial Code), decision-making on invalidity of the stock corporation general meeting´s resolutions (sects. 183 and 131 Commercial Code);
- petitions for invalidity of a contract to merge as per sect. 220a, para. 11 Commercial Code;
- declaration of invalidity of general meeting´s resolution to merge as per sect. 220h Commercial Code;
- enforcement of a shareholder´s right to a settlement under the conditions of sect. 220k, para. 2 Commercial Code;
- determination of a higher charge upon a motion of a shareholder who did not agree with undercharges at exchange of shares (§ 220v Commercial Code);
- declaration of invalidity of a cooperative membership meeting´s resolution to exclude a cooperative member, if the cooperative membership meeting´s resolution is in contrary to laws or by-laws (sect. 231, para. 5 Commercial Code);
- determination of a share in the cooperative´s liquidation balance (sect. 765, para. 5 Commercial Code).
- proceedings in the matters of a benevolent association winding-up and liquidation and on appointing of a liquidator as per sects. 8, para. 4 and 5, sect. 9, para. 2 Act 248/1995 Coll., on benevolent associations and on modifications and amendments to some laws, unless the action is initiated by a motion of the prosecuting attorney as a governmental agency as per sect. 8, para. 4 of the cited Act.
- proceedings in the matters of winding-up of a foundation or endowment fund, on their liquidation, appointing of the foundation´s or endowment fund´s liquidator and on appointing of new members of the foundation or endowment fund board of directors as per sects. 7, para. , 9, para. 2 and 16 of Act 227/1997 Coll., on foundations and endowment funds and on modifications or amendments of some relevant laws.
- proceedings in the matters of winding-up of a state-owned enterprise and on appointing and removal of its liquidator as per Sec. 6, para. 4 and sect. 9, para. 3 Act 77/1997 Coll., on state-owned enterprises. It also may enter the proceedings of a state-owned enterprise dissolution with liquidation and appointing of a liquidator, where the state-owned enterprise incorporator did not adapt its foundation charter and supervisory board to Act 77/1997 Coll. (sect. 20, para. 4 Act 77/1997 Coll.).
- proceedings regarding disputes arising from legal relationships between trading companies (cooperatives) and their founders (partners or members) as well as among the partners (members or founders) themselves, if it is the case of relationships relating to participation in the company (membership in cooperatives), relationships arising from contracts by which a partner´s share is transferred (member´s rights and obligations), relationships relating to registered capital increasing (by admitting a new partner or member), unless it is the case of status matters of trading companies, cooperatives and other legal entities. The proceedings under this clause apply mainly to proceedings in the following matters:
- if initiated by an unlimited liability company partner´s petition for payment of the contribution off against another partner as per sect. 82a of the Com. Code,
- if initiated by a limited liability company partner´s petition for payment of the contribution off against another partner as per sect. 131a, para. 1 of the Com. Code,
- if initiated by shareholders appointed to act on behalf of a stock corporation for payment of issue price of shares (sect. 182, para. 2 of the Com. Code),
- if initiated by a petition for entering into a contract to buy participation securities (to replace the consent by the court) as per sect. 183g, para. 1 of the Com. Code,
- if initiated by a petition for concluding a contract or indemnification for a damage due to a breach of a commitment to conclude a contract (sect. 186a, para. 6 of the Com. Code),
- admittance of the right to an indemnification incurred to a directed person due to breach of duty to perform duly of persons specified in sect. 190b, para. 3 of the Com. Code (sect. 190b of the Com. Code),
- if initiated by a petition of partners for determination of an adequate indemnification as per sect. 190c, para. 2 of the Com. Code,
- if initiated by a petition of a shareholder for indemnification against a legal successor of a terminated share corporation (sect. 220a, para. 3 of the Com. Code).
Supervision over adherence to legal regulations:
- at serving custody;
- at serving a sentence of imprisonment; and
- at serving at treatment in a special institution and protective rehabilitation.
