Law of Obligations
We can aid you in the everyday course of your business. We’ll take care of ensuring compliance with administrative duties, allowing you to concentrate on your business. We also provide legal consultancy in unusual and more complex cases which you may come across in the course of your company’s activities.
If you are preparing a merger or need to establish a company, prepare or update your company’s constitutional documents, increase the amount of registered capital, draw up an agreement on discharge of office or if you are facing disputes within the company, we are here to assist you.
In 2015, we helped carry out a transaction in the form of a share deal where our client acquired a windfarm. The transaction was worth over CZK 200 million.
We also provide legal advice in negotiating contracts, evaluating your legal standing, drafting contracts and assessing potential liability for breach of contractual obligations.
Specifically, we have extensive experience with preparing and/or evaluating almost all types of contracts set out in Act No. 89/2012 Coll., the Civil Code, taking into account the need of special adjustments for consumer contracts, as well as drafting and adjusting general terms and conditions and adhesion (form) contracts, and we can help with dealing with warranty complaints, compensation for damage (including contractual limitation of damages) and dealing with unjust enrichment.
In 2018, we helped a client operating a car rental business to prepare new contractual documents which significantly improved its success rate in disputes with debtors.
We also specialise in healthcare law, including relationships between healthcare services providers and health insurance companies arising in the provision of and payment for healthcare services and relationships between patients and healthcare services providers involving the provision thereof.
We offer professional consultancy for example in transfer of a private GP’s practice, obtaining required permits to provide healthcare services, in disputes concerning reimbursement of healthcare services, dealing with liability for harm to a patient’s health and in matters related to GDPR and patients’ sensitive data.
We helped our client, a private healthcare services provider, to achieve out-of-court settlement concerning reimbursement for healthcare services worth tens of millions of Czech crowns. We convinced the other party to settle by a detailed legal evaluation of the requisites of indicated health services.
We offer a broad range of services in connection with the registration of medicinal products, issues related to advertising medicinal products, relationships between healthcare services distributors and providers, as well as disputes concerning industrial rights.
We advise our clients in connection with the registration of medicinal products and their clinical trials, pharmacovigilance, setting maximum prices and reimbursements, assessment of compliance of internal rules with the guidelines of the State Institute for Drug Control and analysis of distributor agreements. We have the necessary skills to comprehensively evaluate issues related to marketing and advertising of medicinal products, medical devices and food supplements and to represent you in proceedings before the State Institute for Drug Control. We also co-operate with the Czech Association of Pharmaceutical Companies on regulatory issues and commentaries on legislative drafts.
We assisted our client, an international pharmaceutical company, by preparing a set of “user-friendly” contractual templates to be used in relationships with healthcare facilities. This made contracting muchsimpler while maintaining set obligations in the areas of compliance and competition and protectingthe client’s business secrets with respect to the Contracts Register Act.
Real Estate Law
Our services in the area of real estate law consist especially in drafting good contractual documents and legal advice on how to modify them if need be and representation in relevant administrative proceedings concerning purchase/sale of real estate.
We expertly assist our clients in this area of law, helping them especially with preparing contractual documents for the transfer of ownership title and establishment of mortgage or other rights in rem concerning real estate, including the associated applications for registration of the aforementioned rights in the Land Registry and arranging the payment of the purchase price (including establishing an escrow account). If you are instead renting out real estate, we can help you with drafting a suitable lease or sublease agreement, evaluating existing lease relationships or preparing a notice of termination of lease.
In 2015, we assisted our client in the purchase of a heritage-protected real estate – a château with the associated properties with a total area of approx. 150 hectares. The transaction was worth CZK 100 million. Our activities included a comprehensive initial assessment and review of existing lease agreements and usufructuary lease contracts concerning real estate, easements, hunting rights, and a check of obligations relating to forestry and use of the local fishing grounds. We continue assisting our client with the administration of the real estate and acquisition of new properties.
We may help you registering your trademark as a national, international or EU trademark, including the assessment of eligibility for registration and previous searches in the trademark databases. Our practice includes consultancy in the field of industrial property rights, representation in proceedings before the Czech Industrial Property Office, and litigation on the enforcement of industrial property rights, including patent litigation with a foreign overlap.
In 2016, the Chairman of the Industrial Property Office complied with our appeal saying the competitor´s trademark is confusingly similar to that owned by our client, and the application was therefore rejected for majority of goods and services required. Our reasoning was based on the existence of the likelihood of confusion, given the use of the same colour combination and the attention of the average consumer in the sale of the specific goods covered by those marks.
We provide consultancy for businesses in the area of labour law. Our services include preparing contractual and other documents, as well as representing our clients before courts in labour disputes.
We offer legal advice in all areas of labour law. Our main specialisation consists in drafting employment contracts and agreements on work performed outside of employment relationship, consultancy in relation to modification of employment (transfer to another type of work or a different workplace), employees returning after impediments to work (e.g. parental and maternal leave) and, most importantly, the termination of employment (including potential disputes), employee/employer liability for damage and work remuneration (salaries in private and public sector, agreed pay under agreements different from employment contracts).
From 2011 to 2016, we represented an employer sued by another employer whose employee sufferedan injury in a car accident caused by our client’s employee. The suing party claimed damages in the amount of 36 times the average earnings because it had paid that amount to its employee in severance compensation. The courts agreed with us that while Section 67 (2) of the Labour Code stipulates a severance pay at least in the amount of 12 times the average earnings, the plaintiff could not claim compensation for an amount paid in excess of the statutory minimum.
In cases where a dispute cannot be resolved amicably, we represent our clients in proceedingsbefore common courts of all instances, before the Constitutional Court and even before the European Court of Human Rights. We represent our clients before public authorities and, where appropriate, also in subsequent processes of administrative justice – at the regional courts and the Supreme Administrative Court.
We have experience in representing clients before the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic, as well as before arbitrators appointed ad hoc. Some of the attorneys working for our law office are also registered in the list of arbitrators kept by the Ministry of Justice of the Czech Republic.
From 2011 to 2014, we represented our client in a dispute with a municipality involving a contract for the construction of sports facilities where the total value of the disputed contract reached nearly CZK 163 million. The dispute concluded with an amicable settlement out of court for the benefit of our client.
Protection of Personality
Administrative law is very broad and diverse area of law covering e.g. construction and spatial planning, the environment, waste management, individual trades, the energy sector etc. In all these fields, we can offer you excellent legal advice including representation before administrative authorities and courts.
We provide legal consultancy consisting for example in representation in proceedings before administrative authorities and courts, including the Supreme Administrative Court, especially in the areas of construction (spatial planning and construction proceedings), law of infractions (e.g. in relation to the Czech Trade Inspection Authority), and proceedings related to our clients’ business activities such as proceedings before trade licensing authorities and proceedings concerning personal data protection.
In 2017, we represented our client in proceedings before the Arbitration Committee of the Czech Advertising Standards Council in a case involving a complaint directed against the client’s advertisement, which allegedly used the motifs of fear. The Czech Advertising Standards Council accepted our argument that the advertisement was merely using a parody and hyperbole of common stereotypes and decided that the advertisement was harmless.
We provide services to our clients also in the area of family law, e.g. with respect to the legal relationship between spouses or between parents and their children.
We offer consultancy and representation before courts in divorce proceedings, dealing with matters of child custody and mutual property relationships, including matters concerning community property of spouses.
In a dragged-out court dispute on maintenance support for an adult child, we successfully achieved the acceptance of increased support by the father and helped conclude a settlement agreement based on which our client received a double of the originally paid maintenance.
We provide services in the entire range of criminal law. This includes defending clients in all stages of criminal proceedings, legal representation of the aggrieved party in adhesion procedure and assistance with alternative resolution of criminal prosecution (conditional suspension of criminal prosecution and settlement). Additionally, we provide consultancy to the aggrieved parties as well consisting in drafting and filing criminal complaints and consultancy related to initiation of criminal proceedings.
The above naturally includes the drafting of all pleadings (apart from criminal complaints, these comprise especially ordinary and extraordinary remedies, including constitutional complaints) and all consultations with clients, also in prison facilities where necessary (in case of imprisonment or remandin custody).
We helped our client charged with driving car under the influence of alcohol to enter into a guilt and punishment agreement with the State attorney, based on which he only received a community service sentence and a ban on driving motor vehicles.
Rada & Partner provides services in the area of protection of personality both with respect to claims from a breach of our client’s personality rights as well as defence against such claims. Thanks to our experience with representing both sides in such disputes, we are able to accurately evaluate the client’s chance of success in the dispute.
In 2016 and 2017, we represented a magazine publisher in a dispute where a famous Czech singer and her husband claimed remedies for the publishing of an article which had allegedly infringed on their personality rights. In addition to an apology, the couple claimed a compensation for intangible damage in the amount of CZK 600,000. Their action was dismissed in its entirety.
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Na Příkopě 988/31
110 00 Prague 1
ID No.: 24195855
Entered under File No. C 187629 held by the Municipal Court in Prague
Na Příkopě 988/31
110 00 Prague 1
ID No.: 24195855
Entered under File No. C 187629 held by the Municipal Court in Prague
+420 224 810 090