Tradice právní úpravy cestovního ruchu a současnost

Abstract

The article analyses legal regulations of tourism in the Czech Republic. To speak about legal regulations of tourism, there goes about markedly complicated substance, which additionally appears in fundamental changes nowadays. Legal regulations of tourism can be divided into four basic parts. To begin with, we speak about special regulations of private law. These regulations modulate tourism. It concerns the law no. 159/1999 of Collection of Laws, about some conditions concerning the sphere of tourism. This law with the help of law amendment also embodied a special travel agreement into the Civil Code. In the new Civil Code it is marked as the tour agreement. This legal regulation by all means stems from the European Union directive from the year 1990 (90/314/EEC). Other special directives are chiefly represented by quotas modulating so called timeshare. The quotas also stem from the European Union law – original directive from 1994 (94/47/EC) was replaced by the new directive from 2008 (2008/122/EC). The Czech legal regulations stemming from the directive is included in the Civil Code. The second group is represented by general quotas of private law, respectively namely commercial law. This sphere will unfortunately be markedly transformed from 1 January 2014. Due to this the commercial code will be entirely abolished. The key role from commercial law for tourism is mirrored by trade law (živnostenský zákon). As the third part there can be allocated special quotas of public law concerning tourism. Except especial fees from tourism there mainly goes about being prepared law about support of tourism development. There has been a wide discussion about it for a long time the question is if it will be eventually adopted. As the example we can mention Austrian and Swiss legal regulations and also new Slovak law from 2010 concerning support of tourism (zákon o podpore cestovného ruchu). The last group contains legal regulations of public law concerning tourism. There goes about very varied matters which are usually included in administration law. This sphere is though exceedingly extensive and varied, whereas many subspheres are not in expert literature properly elaborated.