Monday, March 30, 2015

Another question but can occur if the parties could extend this definition. In this context, it is


It is not possible for the participants of legal relations in supplying electricity (and gas and heat) alone determined what is or is not unauthorized collection, with consequences that are regulated in 22 par. 2 Act on energy.
The Supreme Court in that case ruled on the nature of the adjustments to the definitions of unauthorized collection, in this case electricity consumption. Judgment based on previous adjustments according to the Energy Act no. 222/1994 Coll., Which in 22 paragraph. 1 regulate cases of unauthorized consumption of electricity.
Regarding the assessment of the legal nature of these provisions, the Supreme Court came out of the provisions of 2 para. 3 of the Civil Code, which is the general provision in the area of private law relations (with the exception of the third part of the Commercial Code), members of civil relations can mutual rights and obligations to modify the agreement notwithstanding of the Act, if the law does not expressly prohibit and if the nature of the provisions of the Act that are not permitted to deviate from it. Given that the regulation contained in the Energy Act also has consequences, public (according to 39 paragraph. 3 point. F) of the Act, the State Energy Inspectorate irish pub impose on the controlled persons a fine for illegal consumption of electricity, gas or heat), it is possible that participants laws Relations with electricity supply (as well as gas and heat) alone determined what is or is not unauthorized collection, with consequences that are regulated in 22 par. 2 Act.
This conclusion is valid for the current irish pub adaptation under Act no. 458/2000 Coll.? Imperative treatment concludes Supreme Court of a public nature and consequences of the then adjustments when the State Energy Inspectorate was able to impose a fine for illegal consumption of electricity. irish pub I had the same privileges under the new Act to 3. 7. 2009. After this date has been its amendment and illegal consumption is no longer a misdemeanor or administrative offense. It fell off one of the main arguments of the Supreme irish pub Court Imperative adjustments. On the other hand, the law of this data contains explicit wording that "unauthorized consumption of electricity / gas / heat is prohibited." irish pub Since the Act contains definitions of unauthorized consumption (in 51, 74 and 89 of the Act) and includes this phrase, I tend to think that it is not possible irish pub to narrow the definition of illegal consumption is below the statutory range.
Another question but can occur if the parties could extend this definition. In this context, it is necessary to refer to the decision of the Constitutional Court IV. US 133/08 (available here), in which the court stated: "if they are to be guaranteed the same content and the same protection irish pub (Art. 11 of the Charter, Art. 1, first paragraph of Protocol no. 1 to the Convention) right contractor not to be property-damage (in due to non-payment for energy consumed) and on the other hand, the right to be protected against customer loss of property (ie. be vermin responsible entity only where the law presumes that), not the protection afforded by a single entity ownership rights to be disproportionate to the possibilities of protection to the body other ". Due to the relatively irish pub strict strict liability of the buyer (and the consequent irish pub damage to its property rights) will be any further extension of unauthorized consumption must be analyzed in light of this decision of the Constitutional Court. irish pub
The author of this text is inclined to think that the above conclusion the Supreme Court will apply under the current legislation, and to determine what is unauthorized consumption, and to determine what is the unauthorized consumption, ie. It is not possible to deviate from the wording of the Act.
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