FAQ,Questions and answers,Advokátska kancelária JUDr. Ing. Ivan Bojna

Questions and answers

Here you can find selected questions and answers from our legal advice.

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Vulgar vocabulary towards a supervisor

Labour law » Termination of employment

One of our employees used vulgar and abusive language towards a supervisor in the workplace while communicating with the supervisor. Is this grounds for immediate termination of employment?

Kód: PRSK00097

Vehicle robbed in shopping centre

Civil law » Damage and unjust enrichment

My car was robbed in the shopping centre. They have not found the perpetrator. Do I have any claims against the operator of the shopping centre?

Kód: OBSK00094

I’m getting divorced

Civil law » Family law

I want to get divorced, we have two children. Can you tell me what is in store for me?

Kód: OBRO00083

Termination of employment by an authorised signatory

Labour law » Termination of employment

Can the company’s authorized signatory give me notice of termination of employment on the grounds that the managing director is on holiday?

Kód: PRSK00088

Liability of the hotel in the event of theft of items

Civil law » Damage and unjust enrichment

We stayed in a guest house which had a car park. During the night our vehicle was broken into and our belongings were stolen. I read about the liability for the belongings brought in. Is the company obliged to compensate us for the damage we suffered as a result?

Kód: OBSK00093

Who to sue for damages caused by a car accident

Civil law » Damage and unjust enrichment

I was injured in a car accident and was unable to recover the damages out of court. The accident was caused by the driver of the other vehicle. Whom should I sue, him or his insurance company with which he has compulsory insurance?

Kód: OBSK00081

Acquisition of real estate by life partners

Civil law » Property law

Hello, my girlfriend and I want to buy a house. We will use part of the money for the purchase from our own funds (part from me, part from her), the rest will be paid from a loan. How should we determine our shares in the property to make it fair? If we happen to split up in the future, so that no one gets hurt.

Kód: OBMA00065

Slip accident in a shop

Civil law » Damage and unjust enrichment

The shop I entered was very wet when I came in as it was snowing outside. Shortly after entering, I slipped and fell, sustaining a serious shoulder injury. Am I entitled to compensation?

Kód: OBSK00068

Duty of the manager to ensure winter maintenance

Civil law » Flats and non-residential premises

We have a management contract in the apartment building. I slipped on the icy sidewalk in front of the house gate in the morning, sustaining an injury that required hospitalization. Can I claim compensation from the manager?

Kód: OBBY00063

Silent partnership without loss participation

Business Law » Corporations

Is it possible to conclude an agreement whereby the silent partner only shares in the profits of the entrepreneur without being liable for the loss?

Kód: OBOB00066

Sale of real estate to oneself on the basis of a power of attorney

Civil law » Contracts

We gave our nephew the power of attorney to sell our property and we gave him the power of attorney to negotiate the purchase price as well. We agreed (only verbally) that we would give him 5% of the purchase price in case of a successful sale. Now we happened to learn that the nephew sold these properties to himself in our name at a price that is significantly below the market price. Did he have the right to do this?

Kód: OBZM00060

Final penalty for illegal employment

Labour law » Illegal work, Work inspection

Three months ago we received a decision from the labour inspectorate about a fine for undeclared work. We did not appeal against the decision, but the issue was that we registered the worker too late with the Social Insurance Institution. We have now found out that we cannot employ a non-EU citizen because of this. Is there anything else we can do to defend ourselves against the decision, for example in court?

Kód: PRNE00057

Consequences of illegal work

Labour law » Illegal work, Work inspection

In our company was an work inspection carried. It found a violation of the illegal employment contract in relation to a self-employed person who worked for us. What are the consequences?

Kód: PRNE00058

Court-ordered easement

Civil law » Property law

There is no access to my garden shed except via the neighbouring property, which has now been acquired by a new owner. The new owner prevents me from accessing it because I do not have an easement. I have not been able to reach an agreement with him because he is asking for a relatively high sum. In the past, however, the footpath always led through this property. I would like to apply to the court for a gratuitous easement. Do I have a chance of success?

Kód: OBMA00054

Amateur photography as a work of authorship

Civil law » Intellectual property rights

Is every photo a work of authorship? For example, if I take a photo of a street, publish it and someone uses it, for example in a marketing leaflet, without my knowledge, has copyright been infringed?

Kód: OBPR00053

Substitution of the expression of will by the court in case of non-communication of co-owners

Civil law » Neighbourhood law

I share a house, which I use alone, with my sister. I pay my sister money for the use of the house. I want to build a small extension and need planning permission. I know my sister will not give it to me, the relationship is broken and communication is very difficult. Can I go to court? I read something about substitution of wills.

Kód: OBSU00051

Sale of co-ownership shares in real estate

Civil law » Property law

I want to sell some land. In some cases I am not the sole owner, but only have co-ownership of the properties. What to look out for when selling?

Kód: OBMA00046

Advance payment for unrealized real estate purchase

Civil law » Contracts

I have entered into a reservation contract to purchase a property. The contract that the brokerage office prepared for me is not acceptable to me - there are provisions in the drafting of the contract that I do not want to accept. They refused to accept my demands and insisted that I must sign the sales contract or my deposit for the reservation would be forfeited. Do they have the right to do this?

Kód: OBZM00045

Reconstruction of the apartment: what to look out for

Civil law » Contracts

We want to renovate the apartment, what do we have to pay attention to in the contract?

Kód: OBZM00043

Disparagement as a form of unfair competition

Business Law » Other

A competitor is sending emails to our customers that defame our product and present their product as more advantageous. How can we defend ourselves?

Kód: OBIN00042

Inspection of company documents

Business Law » Corporations

I am a partner in a limited liability company. The company director does not allow me to make copies of the company’s internal documents. Does he have the right to do this?

Kód: OBOB00041

Submission of a power of representation

Civil law » Miscellaneous

I received a request from the collection agency to pay a debt I forgot but owe to another company. The collection agency did not provide me with a power of representation but asked me to pay the amount owed into their account. Can I communicate with this agency at all? And should I send the money to the mentioned account? How do I know if it’s not a scam?

Kód: OBRO00035

Disagreement of the co-owner with the location of engineering networks

Civil law » Property law

We co-own land with a neighbor with a shared driveway. Some time ago our neighborly relations deteriorated. The neighbor is now refusing me permission to place engineering mesh on the shared property. What can I do?

Kód: OBMA00034

Fine for an accident

Administrative law » Offenses

In the mall parking lot, I accidentally got into the lane of the car just exiting that parking lot. I fell and hit my head, fortunately the car wasn’t going fast and nothing else happened, the car wasn’t damaged either. However, the driver called the police and they fined me for causing the accident. Should I got the fine?

Kód: SPPR00033

Noisy neighbor

Civil law » Neighbourhood law

We live in an apartment building and we have a noisy neighbor below us. He plays music very loudly, even in the evening and at night. We called the police several times, but that didn’t solve the problem. Do we have any other options?

Kód: OBSU00031

Receipt of the notice of termination by the wife

Labour law » Termination of employment

The employer sent me the notice by post, as a normal registered letter, which my wife picked up. Is such a statement valid?

Kód: PRSK00027

Payment of the service invoice

Civil law » Damage and unjust enrichment

Can the insurance company with which I have taken out accident insurance make the payment of the insured sum dependent on the payment of the service bill? I was in an accident and it was quite expensive to repair. The insurance company demands that I pay the bill first and only then does it want to pay the sum insured to me. However, I would like the insurance company to send me the money beforehand so that I can use this money to pay for the service.

Kód: OBSK00023

Definition of breach of work discipline in the work regulations

Labour law » Work discipline

Is it decisive for the assessment of the intensity of the breach of work discipline whether the employer has defined a certain procedure in the work regulations as a serious breach of work discipline?

Kód: PRPR00011

Interest on prepaid loan

Business Law » Business contracts

I had a loan from a bank, it remained for about 3 years. As a result of my illness, I was late in paying the loan, as a result of which the bank let me pay the entire loan at once. I paid the loan, but the bank also asks for interest for the next period, even though I paid the loan. Is the bank entitled to aqsk for it?

Kód: OBOB00008

Easement of access (drive-way)

Civil law » Property law

The neighbor has access to the main road only through my land. Until now, he used a field road that ran along the edge of the plot, currently he is demanding the establishment of a significantly shorter access road, which would lead in close proximity to our house. He says that if I don’t agree with him, he will take it to court, which will decide in the same way. It’s true?

Kód: OBMA00007

Questions and answers

Questions and answers

Vulgar vocabulary towards a supervisor

Vehicle robbed in shopping centre

I’m getting divorced

Termination of employment by an authorised signatory

Liability of the hotel in the event of theft of items

Who to sue for damages caused by a car accident

Acquisition of real estate by life partners

Slip accident in a shop

Duty of the manager to ensure winter maintenance

Silent partnership without loss participation

Sale of real estate to oneself on the basis of a power of attorney

Final penalty for illegal employment

Consequences of illegal work

Court-ordered easement

Amateur photography as a work of authorship

Substitution of the expression of will by the court in case of non-communication of co-owners

Sale of co-ownership shares in real estate

Advance payment for unrealized real estate purchase

Reconstruction of the apartment: what to look out for

Disparagement as a form of unfair competition

Inspection of company documents

Submission of a power of representation

Disagreement of the co-owner with the location of engineering networks

Fine for an accident

Noisy neighbor

Receipt of the notice of termination by the wife

Payment of the service invoice

Definition of breach of work discipline in the work regulations

Interest on prepaid loan

Easement of access (drive-way)

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