SubjectsSubjects(version: 953)
Course, academic year 2023/2024
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Contracts and Torts - HSSO2
Title: Contracts and Torts
Guaranteed by: International Office (22-ZO)
Faculty: Faculty of Law
Actual: from 2023
Semester: summer
Points: 0
E-Credits: 5
Examination process: summer s.:
Hours per week, examination: summer s.:1/0, Ex [HT]
4EU+: no
Virtual mobility / capacity: no
Key competences:  
State of the course: taught
Language: English
Teaching methods: full-time
Teaching methods: full-time
Level:  
Note: course can be enrolled in outside the study plan
enabled for web enrollment
Guarantor: prof. JUDr. PhDr. David Elischer, Ph.D.
Teacher(s): prof. JUDr. PhDr. David Elischer, Ph.D.
doc. JUDr. Ondřej Frinta, Ph.D.
Annotation -
Annotation:

The aim of the course is to provide students with more details the Czech contractual and tort/delict law. The aim is then to introduce the essential principles and typology of different contracts or more largely the obligation as whole. The course will focus in more details on the essentials of contracts in family law, inheritance law, consumer law as well as essentials of torts. The second part of the course will particularly focus on different prerequisites of civil liability as fault, causation, wrongfulness and damages. The course also put the Czech legislation into broader European context via comparative approach.
Last update: Marešová Svatava, Ing. (07.08.2023)
Requirements to the exam

Exam:

The course is concluded with the final exam paper. The final exam will be a 45 minutes multiple choice test (closed book exam). Students are allowed to use dictionaries (native language - English; English - native language). In case of online exam additional information is provided in advance.

Means of communication:

Study materials and powerpoint presentations are available in Student Information System. Lectures are streamed live (not recorded) via YouTube.

Last update: Marešová Svatava, Ing. (10.01.2023)
Syllabus

Outline of the Course

  1. Concept of Obligation • Historical and Modern Development • Decisive Features of Obligations • Principles of Obligations • Sources of Obligations • Types of Obligations • Origination of Obligations
  2. Principles of Interpretation of Contracts • Common Types of Nominate Contracts • Purchase Contract·• Contract on Work·• Lease Contract • Carriage contract
  3. Introduction to Contracts • Principal Sources • Definition and Meaning • Foundations of the Binding Force of Contract·• The Synallagmatic or Bilateral Contract and the Unilateral Contract·• Nominate and in nominate Contracts
  4. Concept of Contract • Foundations of the Binding Force of Contract (Lex Contractus) • Types of Contracts • Parties to a Contract • Content of Contract • Origination of Contract • Harmonisation of European Contract Law (Principles of European Contract Law) • Principle of Good Faith in European Contract Law
  5. Contracts in Family Law (in general) • Marriage as a contract • Cohabitation as a contract • Joint consent over child’s fatherhood – a contract or not? • Contracts related with the joint property of spouses • Contracts related with the alimony
  6. Introduction to Torts • Principal Sources • Functions of Tort Law • Economic Analyse of Tort Law • Civil Liability • Prerequisites • Comparative Overview • Case Law
  7. Fault as a Prerequisite of General Liability for Damage • Intention and Negligence • Fortuity • Contribution of Injured Party • Comparative Overview • Case Law  
  8. Wrongfulness/Unlawfulness as a Prerequisite of Liability for Damage • Circumstances Excluding the Unlawfulness • Comparative Overview • Causality as a Prerequisite of Liability for Damage • Factual and Legal Causation • Prescription in Tort Law • Comparative Overview • Case law
  9. Damages • Manner and Scope of Compensation for Damage • Compensation in Money and Restitution • Joint Liability • Comparative overview 
  10. Different Types of Special Liabilities for Damage in Civil law • Cases and Practical Examples

 

Course goals:

 

Student has general overview of all particular concepts of obligation/contracts and relevant features of obligation law in the Czech Republic. Student is oriented in Private law source (Civil Code). Student has knowledge about fundamental institutes of contractual and delict law. Student is able to compare and contrast different conceptions of selected tort law institutes in main European Civil Codes. Student is able to transfer and use some general ideas from the course for his further study of contractual and delict law at his university.

 

 

Last update: Marešová Svatava, Ing. (07.08.2023)
Learning resources

HRSTKOVÁ, J.: Fundamentals of Czech Civil Law, Charles University, Prague, 2005

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

 Civil Code, Trade Links, Prague 1998

Last update: Frinta Ondřej, doc. JUDr., Ph.D. (23.10.2019)
 
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