Abstract
The new Civil Code (NOZ) to become effective on 1 January 2014 brings the new regulation of a contract on transfer of an enterprise. The article pays attention to the basic starting points of the new regulation and mentions the most significant changes it brings.
In addition it also shows cases of unused chances related to recodification. The most fundamental conception change is not the change of the terminology when an enterprise becomes a business plant, but incorporation of the contract on transfer of an enterprise into the NOZ’s section “Purchase”.
Another fundamental change is the regulation of effectiveness that is paradoxically newly limited by the entry into the Commercial Register. On contrary, a liberal change is the possibility to withdraw a specific property from the prepared transfer of an enterprise.
Regulation of notification duty or, e.g., challengability is also changed. According to the author, the unutilized chance is for instance the regulation of the transfer of a part of an enterprise that is not cleared by NOZ, in particular such principal issue how to correctly specify a part of an enterprise.