Personal advice
The European Court of Human Rights was founded in 1959 and is an international judicial body that operates on the basis of the European Convention for the protection of human rights and fundamental freedoms.
The court is obliged to decern on complaints concerning violations of civil or political rights. The Court's rulings are binding on States that have ratified the Convention.
The Court's practice has helped the Convention become a powerful tool for strengthening the rule of law and democracy.
The ECHR is located in Strasbourg (France). The processing of complaints is a long and complex process that can last for years. At the first stage complaints are dealt with on the subject of admissibility. If the complaint is inadmissible, it is to be refused for acceptance. If the complaint is admissible, meaning meets all the requirements, the Court considers the issue on its merits.
As a result of the processing of complaints, a court ruling is issued. If the Court finds that the rights have been violated, the applicant is awarded fair compensation.
Our services:
- Study of judicial practice of the Court in cases similar to those of our clients
- Qualifying violations of our clients' rights in accordance with the Convention
- Preparing and filing an application to the Court
- Correspondence with the Court, preparation of explanations on the objection to the complaint
- Support for the execution of a Court decision in national jurisdiction
- Legal advice
Support of real estate transactions The real estate market in Central and Eastern Europe is on the rise, assuming high returns. The Czech Republic is a leading country in terms of investment attractiveness, as it offers the best combination of potential economic growth and political stability.
Recognition of foreign education in the Czech Republic is a procedure for officially comparing and equating the education received abroad with the same education in the Czech Republic.
DIVISION OF MARITAL PROPERTY
Property acquired by spouses during marriage is their community property. The community property of spouses includes earnings from labor and entrepreneurial activities, pensions and benefits, results of intellectual activity, movables and immovables, securities, shares in capital, deposits in banks and other organizations. No matter in whose name the property was purchased or which of the spouses deposited the money, everything that was purchased during the marriage is counted to be community property.
The division of community property of the spouses can be made both during the marriage and after its dissolution. Division of property by agreement If the spouses agree on the division of community property, it is necessary to conclude an agreement, which must be made in written form and notarized. Division of property through the court If the spouses fail to come to an agreement of the division, the division of community property and determination of spouses' shares in this property are conducted by judicial means.
We provide services related to the division of community property of spouses:
- Preparation of agreements on the division of property and provision of notarial registration of agreements
- Preparation of a statement of claim and related documents
- Asset valuation by a forensic expert o Obtaining documents from the real estate cadastre, vehicle register (extracts, copies of purchase and sale agreements, etc.) o
- Preparation of requests and petitions o Advising clients o Legal representation in court and in aid of execution.
MAINTENANCE OBLIGATIONS
The obligation to pay alimony is provided by civil law and may arise between parents and children, between divorced spouses (if one of them is unable to support himself for reasons that arose as a result of a previous marriage), between spouses, between descendants and ancestors.
Most often, issues related to maintenance obligations relate to the maintenance of children. The amount of alimony depends on the average monthly income of the parent who is required to pay child support. But very often, other factors need to be taken into account, such as alternating child care for both parents, etc.
The parties can agree on a fixed amount of alimony. An agreement is always the most reasonable solution to alimony disputes. In the event of a trial, the court will approve an agreement during the pendency of the case.
We provide the following services related to alimony recovery:
- Consultations, determination of the legal position and possible result of the alimony dispute
- Preparation of an agreement on maintenance obligations
- Preparation of a claim and statement of claim to the court
- Preparing requests, petitions and collecting documents
- Legal representation in courts.
Provision of legal services on the right to inheritance in the Czech Republic, other EU countries and the Russian Federation:
- Advice
- Registration of intestacy or inheritance under a will
- Recovery of lost documents
- Inheritance case opening at the notary
- Monetary contributions inheritance in a bank
- Assistance in accession to the heirship
- Obtaining a certificate of heirship
- Discretionary asset management
- Registration of real and personal property on the name of the heir
- The inheritance consists of all the property of the testate, except for the rights and obligations that relate to the testate, except if they were recognized as debt or declared in a public authority.
- It is possible to inherit on the basis of Contract, Will, or by Law. These grounds can come into force simultaneously.
- A person who has committed an act of a deliberate crime against the testate, his ancestor, descendant or spouse, or has committed an unworthy act that contradicts the testate's death wish, is excluded from the right to inheritance.
- The testate has the right to cancel the will or its separate provisions at any time. A will is revoked by revoking it or by drawing up of a later will.
- The testate can issue an inheritance contract. By means of an inheritance contract the testate invokes a third party as the heir or beneficiary and the other party accepts it
- In the first line of heirs, the testate's children and spouse have the right to inheritance, each of them in equal shares.
- The second line heirs are the spouse, the testate's parents, and then those persons who have lived with the testate for at least one year in the family and have shared the household. The second line heirs inherit in equal shares, but the spouse always inherits at least half of the inheritance.
- In the third line, the testate's brothers and sisters inherit in equal shares. If one of the testate's siblings do not come into inheritance, then his children will receive an equal share of the inheritance.
- In the fourth line, the testate's grandparents have equal shares.
- In the fifth line, only the grandparents of the testate's parents have the right to inheritance.
- A heir who has the right to a mandatory share in the inheritance shall have a mandatory share in the inheritance. Heirs entitled to a mandatory share in the inheritance are the testate's children, and if they do not inherit, than their descendants do.
- If none of the heirs inherits even in accordance with the legal succession order, the inheritance passes to the state and the state is treated as if it were the legal heir.
- Accession to the heirship is confirmed by the court. The court confirms the accession to the heirship of a person whose right of inheritance has been proved.
