Nestabilita právní úpravy cestovního ruchu v čr a nová evropská směrnice nahrazující směrnici 90/314/EHS
Instability of legislative for tourism in the Czech Republic and the new European directive replacing directive 90/314/EEC

Author(s): René Petráš
Subject(s): Civil Law, Tourism, EU-Legislation
Published by: Masarykova univerzita nakladatelství
Keywords: Legal regulativ; tourism; act No. 159/1999 Sb; Civil Code; directive 90/314/EEC;
Summary/Abstract: Legal regulation of tourism is rather a complicated issue. Legislation governing tourism in the Czech Republic is undergoing many changes in recent years. The aim of this paper is to analyze the legislation and compare it with European laws. The new Czech Civil Code came into effect on 1st January 2014. The most important provisions in the Civil Code applicable to tourism are those regulating a package tour contract and timeshare. There is a special law within the Czech legal system, Act No. 159/1999 Sb., governing some conditions for business activities in tourism. This legal regulation stems from the European Union Directive 90/314/EEC. The interpretation of the new Czech Civil Code has not been stabilized. Act No. 159/1999 Sb., governing some conditions for business activities in tourism, has not been sufficiently amended. There has been permanent discussion about insurance to be taken out by travel agencies, and also about tourist guides. However, Czech legislation must respect European law which is now subject to fundamental transformation in the field of tourism. It is assumed that the key Directive 90/314/EEC would be replaced this year.

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