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.
By completing the course and its study control, the student will acquire namely the following knowledge and skills:
- is able to orientate in the sources of private law of the Czech Republic;
- is able to categorize the stages of development of private law in the Czech Republic and in the European context;
- is able to describe natural person and legal entity in terms of its legal personality and capacity to perform legal acts and representation and distinguish them from trusts;
- is able to classify particular legal act as perfect, void, voidable or ostensible;
- is able to distinguish among different subject-matter in civil law;
- knows the role of time in civil law, incl. the consequences of lapse of time and lapse of claim;
- is able to orientate in the sources of family law of the Czech Republic, is able to identify fundamental social and legal relations inside the family community, the position of particular members of family and their rights and duties;
- is able to describe the operation of law of succession, namely distinguishes among different legal titles of succession and is able to apply them on particular case.
Poslední úprava: Šicnerová Barbora, Mgr. (08.04.2025)
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.
By completing the course and its study control, the student will acquire namely the following knowledge and skills:
- is able to orientate in the sources of private law of the Czech Republic;
- is able to categorize the stages of development of private law in the Czech Republic and in the European context;
- is able to describe natural person and legal entity in terms of its legal personality and capacity to perform legal acts and representation and distinguish them from trusts;
- is able to classify particular legal act as perfect, void, voidable or ostensible;
- is able to distinguish among different subject-matter in civil law;
- knows the role of time in civil law, incl. the consequences of lapse of time and lapse of claim;
- is able to orientate in the sources of family law of the Czech Republic, is able to identify fundamental social and legal relations inside the family community, the position of particular members of family and their rights and duties;
- is able to describe the operation of law of succession, namely distinguishes among different legal titles of succession and is able to apply them on particular case.
Poslední úprava: Šicnerová Barbora, Mgr. (08.04.2025)
Požadavky ke zkoušce -
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
Poslední úprava: Šicnerová Barbora, Mgr. (08.04.2025)
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
Poslední úprava: Šicnerová Barbora, Mgr. (08.04.2025)
Sylabus -
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.
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.
Poslední úprava: Šicnerová Barbora, Mgr. (28.08.2025)
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.
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.
Poslední úprava: Šicnerová Barbora, Mgr. (28.08.2025)
Studijní opory -
Basic literature:
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:
Hrstková, J. Fundamentals of Czech Civil Law. Czech Law and European Union. Textbooks Vol. 5. Praha: Univerzita Karlova v Praze, Právnická fakulta, 2005
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
Poslední úprava: Šicnerová Barbora, Mgr. (28.08.2025)
Basic literature:
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:
Hrstková, J. Fundamentals of Czech Civil Law. Czech Law and European Union. Textbooks Vol. 5. Praha: Univerzita Karlova v Praze, Právnická fakulta, 2005
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
Poslední úprava: Šicnerová Barbora, Mgr. (28.08.2025)
