Glossary of terms

The case file regarding the company (not the file that is based on the procedures for some entries, there can be consulted only with power of attorney) or to the Commercial Registry can be viewed at the court and copies or extracts of them can be obtained during office hours under  the supervision of an authorized court staff; room for this purpose must be clearly marked and placed on the orientation board of the court (§ 8 of Decree No. 37/1992)

The law does not absolutely set right to the  court to limit in any way the accessibility of the collection of documents - such court procedure would not only be contrary to the law, but also in violation of the Constitution because of the Charter states in Article 2, paragraph 2 clearly: "State power can be exercised only within the limits set by law and in the manner prescribed by law. "- Court action belongs clearly within the scope of state power and is fully subject to the law.

The manifestation of the principle of formal public is the obligation of the registration court to disclose records - the scope and manner of publication of the deposit of the document in the collection of documents is regulated by implementing regulation - Government Regulation 503/2000 Coll., on the Business Journal; the Business Journal is issued by the Ministry of Justice via publishing house.

Declaratory entries - it is possible to actually apply from the time the third person hears them, but cannot be relied upon prior to publication, or the end of the sixteenth day after publication (the enforceability of the special treatment given to the effectiveness of the registered facts - so if a certain fact is already effective because of the publication of the entry, but has not passed 16 days from publication of the entry and a third person proves that she could not know about it, it is not possible to enforced it against her)

Constitutive entries - legal effects occur only at the time of publication, before the publication of the entry that effects cannot occur, but even here cannot be relied upon up to the sixteenth day, if a third party proves that she could not know the facts. In other cases, the effectiveness starts from the date of disclosure if there is a discrepancy between registered and published data or stored and disclosed documents, it is not possible to argue the published version against third parties, third parties may nevertheless rely on the published version, unless the registered person proves, that they were aware of the data entered in the Commercial Register or the contents of documents stored there.

Negative side of the material publicity

It is not possible to argue against a third party acting in reliance on a record that it does not reflect reality - the limits of the application of that principle is therefore trust of a third party - if such person knew or should have known about the differences between the registered data from reality, the actual situation is compared to the Registry - this will be particularly the case where a third party will be the person to whom the record relates, specifically advised of the difference; burden of proof borne by the person whose registration is concerned, therefore, the written form of notice will be necessary in practice.

Types of procuration:

• Basic - no permission to burdening real estate and expanded - with permission
• Individual - each proxy is entitled to act on behalf of entrepreneurs and sign separately and collective (group) - the synergy of at least two secretaries are necessary to negotiate and sign

If the company decides to apply sanctions can choose between a requirement that the violator gave the benefit of the trade in question, or transfer rights to the company - in the first case, the trade will be executed according to the result of the infringement (breach of contract with the non-competition) and only yield will be handed over to the Company, in the latter case, the violator shall transfer the rights arising from the resulting relationship to society - only in the second case, a change resulting from the contractual relationship will be, in either case, the result of violation of non-competition shall not be invalidity of legal actions - Company therefore cannot invoke nor relative invalidity of such an act, because the law in this case provides for a specific penalty = deviation from § 39 of the Civil Code - although it is a legal act made in violation of the law, the result in this case is not nullity.

If the company suffered damage by the violation of prohibition of competition is entitled to seek compensation under the conditions of § 373 et seq. Commercial Code without regard to the aforementioned special penalty, the right to compensation may not be applied - in this sense it is a free decision, if they reach their claim, but in terms of members of the governing bodies must realize that if of its own accord law does not apply, it may cause damage to the Company, for which bear legal responsibility, it could also be the fulfilment of the crime of violation of the duty to administer foreign assets pursuant to § 255 of the Penal Code.