Civil Law
Civil law is the broadest area of law that governs day-to-day matters. It includes the preparation and drafting of contracts as well as disputes arising from contracts, disputes over the right to property, damages, transfers of immovables, etc. I provide, in particular, the following legal services from the area of civil law:
Legal Analysis – During the first contact with a client, I always hear out his/her concerns at first. After that, I legally analyse the issue – either orally or, if the issue seems to be very complicated or if the client wishes so, in written form. Within the legal analysis, I always clarify how the law regulates the issue and what are the chances to succeed in a respective judicial dispute. I never push my client into a dispute that is bound to be lost. If I see a little chance or no chance at all, I always emphasise the risk of loss. After all, neither do I enjoy running a useless, meaningless, or losing case. On the contrary, if there is a chance to solve the problem, I always recommend a way that I consider to be the best for my client.
Negotiation – Being an attorney-at-law, I always try to solve the problem before it goes to the courtroom. I believe that it is the best possible solution for a client to solve an issue without the necessity of turning to a court, for several reasons. While the judicial proceedings might be lengthy, expensive, and stressful for the client, the dispute can be solved quickly and economically within the out-of-court negotiation. Last but not least, it is also important to know that an out-of-court settlement can often repair and renew broken family or commercial relations between parties of a dispute. This cannot be said, unfortunately, about a judgment that is almost always considered to be unjust and wrong by the losing party.
That is why I always try to find out a solution without the necessity of judicial intervention. During that, I care for the best interests of my client in the first place. Sometimes I manage to find a solution that is in favour of both parties, by which the problem is solved to the full contentment of everyone. Therefore, and only with the client’s consent, I contact the counterparty in order to inform him/her of the legal representation of my client as well as to call him/her to voluntarily fulfil his/her duty. With regard to the situation and my client’s opinion, I can also make a settlement offer and call the counterparty to a settlement negotiation. The settlement negotiation can result either in a voluntary fulfilment of the duty or in a settlement agreement. I am also able to provide the judicial approval of the settlement or a settlement agreement in form of a notary deed, if necessary or suitable.
Litigation – Unfortunately, not every dispute can be solved out of court. In such a case, the only way of how to solve the problem is to file a civil lawsuit to the court. I am ready to defend the interests of my client in front of the court hard and strong, whether there is a financial claim of my client against the counterparty, a need to declare who is entitled from an ownership or any other right, eviction, damages etc. I do never underestimate even such cases that seem to be easy, trivial, or clear. I always gather all applicable evidence and statements to prove that the law is on the side of my client. If needed, I fight for my client’s interests by an appeal or other judicial remedies in front of higher courts, regarding the fact that I am also experienced in the legal representation in front of the Supreme Court or the Constitutional Court.
Contracts – Many people are reluctant to approach an attorney when it comes to the preparation of a contract, perhaps worried about the costs. Nevertheless, a contract drafted by a legal professional with the highest standard of quality is the best way of how to prevent a future problem that can even result in litigation. At the end, those people who were reluctant to approach an attorney with the contract preparation subsequently invest much more in the litigation costs, including the costs of the attorney, even though the cost of the contract preparation would have been mere comparing to the litigation costs.
I provide my clients with the preparation of sale, donation, lease, and other types of contracts. Every contract is prepared individually. I do not consider only the aim of the contract, but I also try to prevent any future risks that could arise from that contract. Thus, I am always mindful of risk minimisation. The truth is that a correctly drafted contract can prevent most of the potential risks. Drafting a contract, I always pay attention to the best interests of my client.
Real Estate – The real estate consists, in particular, of ownership transfers. Regarding that, I prepare sale, exchange, or donation contracts. I also represent my clients in the proceedings in front of a land office as, unlike movable objects, a transfer of an immovable is not complete until the respective change is recorded in the land register. I also provide my clients with attorney safekeeping consisting in deposition the money at a special trust account which is one of the safest possibilities of the payment of the purchase price, if not the safest possibility at all.
My real estate concerns also include the rights in rem, i.e. in particular servitudes, easements, or mortgages. My special concern lies in the right of superficies that enables to build a house on the land of another person even though it is not necessary to purchase the land and the owner of the land does not acquire the ownership of the house. I deal with the establishment of rights in rem, with their reductions or cancelations, as well as with disputes arising from the rights in rem.
In connection with immovables, I also deal with defects of immovables, either an obvious one or a hidden one, and I enforce the rights of my clients arising from these defects in front of the court.
Last but not least, my real estate agenda consists also of litigation, i.e. ownership disputes, disputes over the right to reside in an immovable, etc. If an unauthorised person is residing in an immovable, I represent my clients in proceedings concerning the eviction of the immovable.