Úvod

Introduction of the course

Lecturers:
Doc. JUDr. Ondřej Frinta, Ph.D. is a member of the Department of Civil Law. He graduated from the Faculty of Law Charles University in 2004 and received his doctoral degree (JUDr.) in 2005. At the Faculty of Law, he received also his Philosophiae Doctor (Ph.D., 2008) degree and became an associate professor in 2017. He is focusing on issues concerning legal regulation of subjects, both with natural and artificial nature, their legal personality, capacity to perform legal acts and their personal status in general. He is also interested in family law, especially in issues linked with the establishment of parental relationships, surrogate motherhood, new reproductive techniques etc.

JUDr. Vít Lederer, Ph.D. is an assistant professor at the Faculty of Law at Charles University. After graduating from the faculty, he joined the institution in 2015 as a doctoral scholar. Since 2019, he has been a member of the Department of Civil Law, where he is involved in teaching private law courses, including the basic principles and concepts that underpin various areas of private law. His research primarily focuses on the institution of the Czech trust, which he explores in depth both from the perspective of the applicable law and from the perspective of a broader comparative study. In particular, he is interested in modifications of a trust and the legal positions of its parties. In general, his field of research includes property law and inheritance law.

Course Description
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 in the 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 sample cases and relevant case law for the purposes of correct understanding and practicing knowledge and skills acquired.

Schedule of the Course
Lectures every week during winter semester.

List of Topics
01) Development of Private Law in European Context
02) Fundamental Principles of Private Law
03) Natural Persons
04) Legal Entities
05) Fiducia and Trust
06) Representation
07) Legal Facts
08) Development of Family Law in European Context. Fundamental Principles of Family Law.
09) Law of Personal Status. Family Relationship. Marriage, Partnership and Cohabitation.
10) Determination of Parenthood. Surrogacy. Adoption.
11) Parents and Children. Parental responsibility. Foster Care.
12) Succession Law

Form of examination:
The course is concluded with the final exam paper. The final exam will be 40 minutes single best answer test (closed book exam), composed of 20 questions. Students are allowed to use dictionaries (native language – English; English – native language). 
Grading is as follows: 
20-18 points = 1
17-14 points = 2
13-12 points = 3
11-0 points = 4

Learning outcomes:

1) Students explain fundamental legal notions (law, right, duty), distinguish between public and private law and explain main differences between them; identify and describe main stages in the development of private law, especially with regard to previous civil codes and their main features.

2) Students distinguish between civil law as general private law and special branches of private law; describe the basic characteristics of Civil Code (incl. its structure) and other sources of private law.

3) Students define legal principles as systemic rules permeating private law and differentiate them from specific statutory provisions; apply the three-step proportionality test (suitability, necessity, proportionality stricto sensu) to hypothetical cases.

4) Students interpret and apply core principles governing private law relations, including autonomy of will, equality, protection of the weaker party, and good faith and analyse the role of principles in interpretation, application, and creation of law.

5) Students explain both the historical and philosophical foundations of the concept of “person” and its significance in modern Private Law; analyse legal provisions and case law to determine whether a given entity qualifies as a (legal) person.

6) Students define legal personality and explain its significance as a prerequisite for rights and duties; differentiate between legal personality and legal capacity and understand their interrelation.

7) Students define the concept of a legal entity and distinguish it from a natural person; compare and critically assess major theoretical approaches to the nature of legal entities (the Theory of Fiction and the Theory of Reality).

8) Students classify legal entities and differentiate between entities governed by private law and those governed by public law; identify and describe the main types of legal entities under Czech law and their fundamental characteristics.

9) Students explain the legal nature and purpose of representation; differentiate between direct and indirect representation and assess their respective legal consequences for the represented party; compare fiduciary arrangements in Roman law, German Treuhand, and common law trusts, distinguishing them from representation.

10) Students interpret statutory provisions governing representation agreements, powers of attorney, guardianship and mandate within private and public law frameworks; identify legal acts that are inherently personal and evaluate the limitations on representation in such contexts.

11) Students explain the concept of trust in common law systems, including its historical origins and development through equity; identify the key elements of a trust and compare different types of trusts (express, resulting, constructive) and their methods of creation.

12) Students evaluate the reception of trusts in civil law jurisdictions, including challenges and adaptations; assess how the Czech trust model aligns with the Quebec approach and its implications for Czech law.

13) Students define the concept of legal facts and explain their role in creating, modifying, or extinguishing rights and duties; classify legal facts into those based on the will of a natural person and those independent of it; identify essential elements for the existence and validity of a legal act, including will, manifestation, and object.

14) Students define fundamental notions of family law (Family Law, Family and Child); describe the main stages in the development of family law including main sources of Czech Family law, especially with regard to changes from patriarchal family pattern to modern family with equal status of spouses; analyse landmark decisions of the European Court of Human Rights concerning family life (Art. 8 ECHR) and explain how the concept of family has evolved in the context of human rights protection.

15) Students explain the concept of personal status and distinguish it from legal personality; define family relationship and compute degrees of kinship in direct and collateral lines; explain the legal concept and purpose of marriage and identify its essential elements under civil law; compare partnerships, cohabitations and marriages in terms of formation, rights, and duties under national and European law.

16) Students distinguish between the concepts of parent, parentage, parenthood, and parental responsibility, and explain legal, biological, and social dimensions of parenthood; identify and compare traditional and modern methods of determining parentage; analyse the principle “Mater semper certa est, pater incertus” in historical and contemporary legal contexts, and assess its relevance in light of surrogacy and baby-boxes.

17) Students describe the historical development of adoption and its transformation from property-based to child-cantered institution; explain the concept of surrogacy and identify different models how legal system treats this issue; discuss historical and modern approaches to child abandonment and analyse the legal status of abandoned child and controversies surrounding baby-boxes and anonymous births.

18) Students identify and classify the mutual duties and rights of parents and children, emphasizing their protective purpose; define the scope and content of parental responsibility under the Civil Code; evaluate judicial interventions in parental responsibility, such as suspension, limitation, or relieving of responsibility.

19) Students differentiate between various forms of maintenance performance, such as monetary payments, in-kind provision, and personal care; apply general and special criteria for determining the extent of maintenance duties, including considerations of ability, needs, and good morals; describe the legal framework for tutorship, guardianship, foster care, and institutional care, including their respective rights and duties.

20) Students define fundamental notions of succession law (succession law, universal succession, singular succession); identify fundamental principles of succession law; distinguish among different legal titles of legal succession; explain the notion of forced share and know relevant EHCR case law.