Subjects

Foundations of Private Law II - HNPOPS0006

Title:	Foundations of Private Law II
Form of teaching:	lecture
Guaranteed by:	Department of Civil Law (22-KOP)
Faculty:	Faculty of Law
Actual:	from 2026
Duration in semesters:	1
Semester:	summer
Points:	0
E-Credits:	5
Examination process:	summer s.:
Hours per week, examination:	summer s.:2/0, Ex [HT]
4EU+:	no
Virtual mobility / capacity:	no
Key competences:
State of the course:	taught
Language:	English
Teaching methods:	full-time
Level:
Note:	deregister from the exam date if a requisite was not fulfilled course can be enrolled in outside the study plan

Guarantor:	prof. JUDr. PhDr. David Elischer, Ph.D.
Co-requisite :	HNPOPS0005
Incompatibility :	HPOP0000, HPOP3000, HP0681
Is co-requisite for:	HNPOPS0097, HNPOPS0099, HNPOPS0098
Is complex co-requisite for:	HNSZK0201, HNSZK0202, HNSZK0203

SS schedule Noticeboard

Annotation -

This is the second part of a two-semester course intended to comprehensively cover the main institutions of private law in comparative contexts. 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 real rights (or rights in rem as the Czech Civil Code entitles the relevant part) and to the law of obligations, including general institutions of the law of obligations as well as basic institutions of the law of civil delicts (tort law) (for more details see the syllabus below). The emphasis of instruction is always put on the theoretical substance of an institution and its reflection within Czech and key foreign jurisdictions having represented the sources of inspiration for the contemporary Czech Civil Code, primarily Austria, Germany and France. Explanation and interpretation of partial 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. (01.09.2026)

Course assessment methods and requirements for successful completion, grading scheme -

The course is concluded with the final exam paper. The final exam will be a 45 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)

Syllabus -

The course covers primarily the following topics:

* Right of ownership and ownership – one of the pillars of private law. Distinction from possession.

* Pluralistic modalities of co-ownership.

* Neighbourhood rights and immission.

* Acquiring the right of ownership.

* Superficiary principle. Superficiary right of building (on the land of another).

* Rights in rem regarding the property of another (except for the superficiary right of building).

* Registration of selected rights in rem: cadastre (land register); land books.

* Obligation: concept, meaning, function, effects, cause.

* Contract: concept, creation, validity, effects, content, form.

* Cession (assignment) and intercession (assumption of liability) within modern law of obligations.

* Strengthening the creditor via security.

* Delict (civil wrong): concept, pre-requisites, function, principles.

* Compensation of harm as the principle of modern regulations of tort law.

* Unjust enrichment and its forms.

The content of lectures for a particular semester is to be continuously updated primarily with respect to the legislative development of private law both in the Czech Republic and key foreign jurisdictions having served as the source of inspiration for the contemporary Czech Civil Code, namely Austria, Germany and France.

Last update: Gloser Marek, Ing. (01.09.2026)

Learning resources -

Basic literature:

· BAR, Ch., CLIVE, E. M. et al. Principles, definitions and model rules of European private law: draft common frame of reference (DCFR). Munich: Sellier-European Law Publishers, 2009

· 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.

Other literature:

· ELISCHER, D., VELICH, R. Insurance Law in Czech Republic. The Netherlands: Kluwer Law International BV, 2021

· HRSTKOVÁ, J. Fundamentals of Czech Civil Law. Czech Law and European Union. Textbooks Vol. 5. Praha: Univerzita Karlova v Praze, Právnická fakulta, 2005

· CHENÉDÉ, F. Le nouveau droit des obligations et des contrats. Paris: Dalloz, 2018.

· SCHWIMANN, M. a kol. ABGB Taschenkommentar. Wien: LexisNexis, 2013.

· KÖTZ, H. European contract law. Trans. Gilbert Mertens & Tony Weir. Oxford: Oxford University Press, 2017.

· H. G. BEALE et al. Cases, materials and text on contract law, 3rd edn. Oxford: Hart, 2019.

· ZIMMERMANN, R. The law of Obligation. Oxford: The Oxford University Press, 1990

· INFANTINO, M., ZERVOGIANNI, E. eds. Causation in European tort law. Cambridge: Cambridge University Press, 2017.

· KARNER, E., KEN OLIPHANT, K., STEININGER, B. eds. European tort law: basic texts, 2nd edn. Vienna: Jan Sramek, 2018.

· BRÜGGEMEIER, G. Tort law in the European Union. Alphen aan den Rijn: Wolters Kluwer, 2018.

Basic legislation (always in wording in force and effect as on the date of examination):

Act N. 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