Smlouvy

Smlouvy are legally binding agreements between two or more parties that create, modify or extinguish rights and obligations. In Czech law, they are primarily governed by the civil code and related legislation. A contract can arise from a written document or from spoken agreement, and in some cases from the conduct of the parties when an agreement is implied.

Key elements for a valid smlouva include an offer and its acceptance, the intention to create legal relations, the capacity of the parties to contract, a lawful and possible object, and sufficiently definite terms. The agreement must be capable of performance and not be contrary to public order or statutory prohibitions.

Contracts can be bilateral, where each party assumes duties, or unilateral, where only one party has a duty. Common types include smlouvy o koupi (sale), smlouvy o dílo or smlouvy o poskytování služeb (work or service contracts), smlouvy o pronájmu (lease), smlouvy o zápůjčce (loan), and employment contracts. Other forms include nondisclosure agreements, agency agreements, licensing, and consumer contracts. There are also standard form contracts and negotiated agreements for specific sectors.

Some contracts or clauses require particular formal requirements, such as written form or notarization, especially for certain subjects or for evidentiary purposes. Electronic contracts and electronic signatures are generally recognized under applicable rules, making digital documentation common in modern transactions.

The effect of smlouvy is to define the parties’ rights and duties, including payment terms, duration, termination, and remedies for breach. They can be amended by mutual consent and may be subject to statutory limitations and dispute resolution methods, including courts or arbitration.