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This is the first part of a two-semester course intended to comprehensively cover the main institutions of private law. The focus of instruction in this part is on institutions of private law which are assigned, within the traditional European doctrine of private law, to the general part of civil law; those are to be followed by the institutions of family law and succession law (for details see the syllabus below). The emphasis lectures is always put on the theoretical substance of an institution and its reflection within Czech jurisdiction and where appropriate, also on key foreign jurisdictions having represented the sources of inspiration for the contemporary Czech Civil Code, primarily Austria, Germany, France and Quebec. Explanation and interpretation of main legal institutions are always complemented with concrete cases and relevant case law for the purposes of correct understanding and practicing knowledge and skills acquired.
Last update: Gloser Marek, Ing. (15.09.2026)
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The course is concluded with the final exam paper. The final exam will be a 40 minutes single best answer test (closed book exam), composed of 21 questions. Students are allowed to use dictionaries (native language - English; English - native language). Grading is as follows: 21-18 points = 1 17-14 points = 2 13-12 points = 3 11-0 points = 4 Last update: Šicnerová Barbora, Mgr. (08.04.2025)
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The course covers primarily the following topics: * Development of the legal regulation of civil law in the Czech Republic within the European context. * Fundamental principles of private law. * Natural person and legal entity. * Representation. * Fiducia. Trust – general definition and types. * Legal facts. * Legal conduct. Invalidity of legal conduct. Ostensible/non-existent legal conduct. * Subject-matter and time in civil law. * Statute of limitations (lapse of time) and negative prescription (lapse of claim). * Family law. Family and position of its members in law. * Parenthood and family relations. * Determination and denial of parenthood. The right to know one´s genetical origin. * Marriage, partnership, cohabitation. * Succession law: basic principles; universal and singular succession; succession titles. Last update: Gloser Marek, Ing. (15.09.2026)
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Frinta, O. Private Law in the Czech Republic – Development, Presence and Prospects, In Moon, J.; Tomášek, M. et al. Law Crossing Eurasia. From Korea to the Czech Republic. Passau-Berlin-Prague: rw&w, 2015, pp. 63-89. Boele-Woelki, K. et al. The Principles of European Family Law Revisited. Cambridge - Antwerp -Chicago: Intersentia, 2024. ISBN 978-1-83970-410-9. Koziol, H. et al. Grundriss des bürgerlichen Rechts. Band 1. Allgemeiner Teil, Sachenrecht, Familienrecht. 14. Aufl. Wien: Manz, 2013. ISBN: 978-3-214-14710-5 Koziol, H. et al. Grundriss des bürgerlichen Rechts. Band 2. Schuldrecht Allgemeiner Teil, Schuldrecht Besonderer Teil, Erbrecht. 14. Aufl. Wien: Manz, 2015. ISBN: 978-3-214-14711-2
Other literature: Hrstková, J. Fundamentals of Czech Civil Law. Czech Law and European Union. Textbooks Vol. 5. Praha: Univerzita Karlova v Praze, Právnická fakulta, 2005. Koziol, H. et al. Grundriss des bürgerlichen Rechts. Band 1. Allgemeiner Teil, Sachenrecht, Familienrecht. 14. Aufl. Wien: Manz, 2013. ISBN: 978-3-214-14710-5 Koziol, H. et al. Grundriss des bürgerlichen Rechts. Band 2. Schuldrecht Allgemeiner Teil, Schuldrecht Besonderer Teil, Erbrecht. 14. Aufl. Wien: Manz, 2015. ISBN: 978-3-214-14711-2 Zerres, T. Bürgerliches Recht: Allgemeiner Teil, Schuldrecht, Sachenrecht, Zivilprozessrecht. 10. Aufl. Berlin: Springer. ISBN: 978-3-662-65331-9. Boele-Woelki, K. et al. The Principles of European Family Law Regarding Property, Maintenance and Succession Rights of Couples in de facto Unions. Cambridge: Intersentia, 2019. ISBN: 978-178068-788-9. Scherpe, Jens M. (ed.) Family law in a European Perspective. Cheltenham: Edward Elgar Publishing, 2016. ISBN: 1-78536-305-0. ISBN: 1-78536-304-2. Scherpe, Jens M. et al. The interaction between family law, succession law and private international law: adapting to change. Cambridge: Intersentia, 2021. ISBN: 978-1-78068-984-5. Kerschner, F. et al. Familienrecht: Lehrbuch. 7. Aufl. Wien: Verlag Öesterreich, 2020. ISBN: 978-3-7046-8552-0. Voiron, P. et al. Droit civil. Tome 1. Introduction au droit, personnes, famille, personnes protégées, biens, obligations, sûretés. 42e édition. Paris: LGDJ, un savoir-faire de Lextenso, 2022. ISBN: 978-2-275-11267-1. Voiron, P. et al. Droit civil. Tome 2. Régimes matrimoniaux, successions, libéralités. Paris: LGDJ, un savoir-faire de Lextenso, 2022. ISBN: 978-2-275-09085-6. Basic legislation (always in wording in force and effect as on the date of examination): Act No. 89/2012 Sb., the Civil Code Other legal regulations (always in wording in force and effect as on the date of examination): Constitutional Act N. 1/1993 Sb., the Constitution of the Czech Republic Resolution of the Presidium of the Czech National Council N. 2/1993 Sb., on the declaration of the Charter of Fundamental Rights and Freedoms as a part of the constitutional order of the Czech Republic Last update: Gloser Marek, Ing. (15.09.2026)
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By completing the course and its study control, the student will acquire namely the following knowledge and skills: 1) Students explain fundamental legal notions (law, right, duty), distinguish between public and private law and explain main differences between them; identify and describe main stages in the development of private law, especially with regard to previous civil codes and their main features. 2) Students distinguish between civil law as general private law and special branches of private law; describe the basic characteristics of Civil Code (incl. its structure) and other sources of private law. 3) Students define legal principles as systemic rules permeating private law and differentiate them from specific statutory provisions; apply the three-step proportionality test (suitability, necessity, proportionality stricto sensu) to hypothetical cases. 4) Students interpret and apply core principles governing private law relations, including autonomy of will, equality, protection of the weaker party, and good faith and analyse the role of principles in interpretation, application, and creation of law. 5) Students explain both the historical and philosophical foundations of the concept of “person” and its significance in modern Private Law; analyse legal provisions and case law to determine whether a given entity qualifies as a (legal) person. 6) Students define legal personality and explain its significance as a prerequisite for rights and duties; differentiate between legal personality and legal capacity and understand their interrelation. 7) Students define the concept of a legal entity and distinguish it from a natural person; compare and critically assess major theoretical approaches to the nature of legal entities (the Theory of Fiction and the Theory of Reality). 8) Students classify legal entities and differentiate between entities governed by private law and those governed by public law; identify and describe the main types of legal entities under Czech law and their fundamental characteristics. 9) Students explain the legal nature and purpose of representation; differentiate between direct and indirect representation and assess their respective legal consequences for the represented party; compare fiduciary arrangements in Roman law, German Treuhand, and common law trusts, distinguishing them from representation. 10) Students interpret statutory provisions governing representation agreements, powers of attorney, guardianship and mandate within private and public law frameworks; identify legal acts that are inherently personal and evaluate the limitations on representation in such contexts. 11) Students explain the concept of trust in common law systems, including its historical origins and development through equity; identify the key elements of a trust and compare different types of trusts (express, resulting, constructive) and their methods of creation. 12) Students evaluate the reception of trusts in civil law jurisdictions, including challenges and adaptations; assess how the Czech trust model aligns with the Quebec approach and its implications for Czech law. 13) Students define the concept of legal facts and explain their role in creating, modifying, or extinguishing rights and duties; classify legal facts into those based on the will of a natural person and those independent of it; identify essential elements for the existence and validity of a legal act, including will, manifestation, and object. 14) Students define fundamental notions of family law (Family Law, Family and Child); describe the main stages in the development of family law including main sources of Czech Family law, especially with regard to changes from patriarchal family pattern to modern family with equal status of spouses; analyse landmark decisions of the European Court of Human Rights concerning family life (Art. 8 ECHR) and explain how the concept of family has evolved in the context of human rights protection. 15) Students explain the concept of personal status and distinguish it from legal personality; define family relationship and compute degrees of kinship in direct and collateral lines; explain the legal concept and purpose of marriage and identify its essential elements under civil law; compare partnerships, cohabitations and marriages in terms of formation, rights, and duties under national and European law. 16) Students distinguish between the concepts of parent, parentage, parenthood, and parental responsibility, and explain legal, biological, and social dimensions of parenthood; identify and compare traditional and modern methods of determining parentage; analyse the principle “Mater semper certa est, pater incertus” in historical and contemporary legal contexts, and assess its relevance in light of surrogacy and baby-boxes. 17) Students describe the historical development of adoption and its transformation from property-based to child-cantered institution; explain the concept of surrogacy and identify different models how legal system treats this issue; discuss historical and modern approaches to child abandonment and analyse the legal status of abandoned child and controversies surrounding baby-boxes and anonymous births. 18) Students identify and classify the mutual duties and rights of parents and children, emphasizing their protective purpose; define the scope and content of parental responsibility under the Civil Code; evaluate judicial interventions in parental responsibility, such as suspension, limitation, or relieving of responsibility. 19) Students differentiate between various forms of maintenance performance, such as monetary payments, in-kind provision, and personal care; apply general and special criteria for determining the extent of maintenance duties, including considerations of ability, needs, and good morals; describe the legal framework for tutorship, guardianship, foster care, and institutional care, including their respective rights and duties. 20) Students define fundamental notions of succession law (succession law, universal succession, singular succession); identify fundamental principles of succession law; distinguish among different legal titles of legal succession; explain the notion of forced share and know relevant EHCR case law. Last update: Gloser Marek, Ing. (15.09.2026)
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