SubjectsSubjects(version: 861)
Course, academic year 2019/2020
  
Contracts and Torts - HSSO2
Title: Contracts and Torts
Guaranteed by: Department of International Relations (22-ZO)
Faculty: Faculty of Law
Actual: from 2019
Semester: summer
Points: 0
E-Credits: 6
Examination process: summer s.:
Hours per week, examination: summer s.:1/0 Ex [hours/week]
State of the course: taught
Language: English
Teaching methods: full-time
Level:  
Note: course can be enrolled in outside the study plan
enabled for web enrollment
Guarantor: doc. JUDr. Ondřej Frinta, Ph.D.
doc. JUDr. PhDr. David Elischer, Ph.D.
Teacher(s): doc. JUDr. PhDr. David Elischer, Ph.D.
doc. JUDr. Ondřej Frinta, Ph.D.
Annotation -
Last update: doc. JUDr. Ondřej Frinta, Ph.D. (23.10.2019)
The purpose of the course is to give students an opportunity to study closely selected topics in the area of contracts and torts as provided in Czech Private law. In the first part of the course students will be introduced to principles of formulation, interpretation and enforcement of contracts. The following parts of the course will address in details legal protection afforded by the Civil Code against interference by others with security of ones person, property or intangible interests. Special emphasis will be given to consideration of general liability and special liability for damage. Student will have an opportunity to discuss current topics related to contracts and torts with practical examples from the legal practice and court decisions.
Requirements to the exam
Last update: doc. JUDr. Ondřej Frinta, Ph.D. (23.10.2019)

The course is concluded with the final exam paper. The final exam will be a 45 minutes multiple chopice test (closed book exam). Students are allowed to use dictionaries (native language - English; English - native language).

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

Outline of the Course


1. Contracts A.
Concept of Obligation • Historical and Modern Development • Decisive Features of Obligations • Principles of Obligations • Sources of Obligations • Types of Obligations • Origination of Obligations


2. Contracts B.
Concept of Contract • Foundations of the Binding Force of Contract (Lex Contractus) • Types of Contract • 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


3. Contracts C.
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. Contracts D.
Common Types of Nominate Contracts • Principles of Interpretation of Contracts • Purchase Contract • Contract on Work • Lease Contract


5. Contracts E.
Recent Developments • Consumer Contracts • Consideration of Cases and Examples from Legal Practice


6. Contracts F.
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


7. Torts A.
Introduction to Torts • Principal Sources • Civil liability • Prerequisites • Fault as a Prerequisite of General Liability for Damage • Comparative Overview • Case law


8. Torts B.
Wrongfulness /Unlawfulness as a Prerequisite of Liability for Damage • Comparative Overview • Case law


9. Torts C.
Damages • Manner and Scope of Compensation for Damage • Joint Liability • Comparative Overview • Case law


10. Torts D.
Causality as a Prerequisite of Liability for Damage • Different types of Special liability for Damage • Prescription in Tort Law • Comparative Overview • Case law

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

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

 
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