Soudní ochrana člena společenství vlastníků jednotek
The Judicial Protection of a Member of the Community of Unit Owners

Summary/Abstract: This scientific study deals with the issue of judicial protection of a member of the community of unit owners after the amendment of Act No. 89/2012 Sb., The Civil Code, as amended by Act No. 163/2020 Sb. (with effect from 1 July 2020). Judicial protection of a member of a community of unit owners covers three basic issues. The first is the issue of judicial protection against invalid and void resolutions of the Assembly. The second is the issue of a substantive review of valid assembly resolutions by the court. Finally, the issue of replacing pending resolutions of the assembly by court decisions. The study deals with both substantive and procedural issues. The author formulates the conclusion that the legal regulation is very complicated from a theoretical point of view and from a practical point of view will cause considerable difficulties in application.

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