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: doc. PhDr. Marta Chromá, 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: Ing. Svatava Marešová (10.01.2023)
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.
Syllabus
Last update: Ing. Svatava Marešová (07.08.2023)
Outline of the Course
Concept of Obligation • Historical and Modern Development • Decisive Features of Obligations • Principles of Obligations • Sources of Obligations • Types of Obligations • Origination of Obligations
Principles of Interpretation of Contracts • Common Types of Nominate Contracts • Purchase Contract·• Contract on Work·• Lease Contract • Carriage contract
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
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
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
Introduction to Torts • Principal Sources • Functions of Tort Law • Economic Analyse of Tort Law • Civil Liability • Prerequisites • Comparative Overview • Case Law
Fault as a Prerequisite of General Liability for Damage • Intention and Negligence • Fortuity • Contribution of Injured Party • Comparative Overview • Case Law
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
Damages • Manner and Scope of Compensation for Damage • Compensation in Money and Restitution • Joint Liability • Comparative overview
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.
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
