Osnova sekce

  • Learning outcomes:
    - Students explain both the historical and philosophical foundations of the concept of “person” and its significance in modern Private Law.
    - Students analyse legal provisions and case law to determine whether a given entity qualifies as a (legal) person.
    - Students compare the Czech approach to classification of persons with that of German jurisprudence.
    - Students define legal personality and explain its significance as a prerequisite for rights and duties.
    - Students differentiate between legal personality and legal capacity and understand their interrelation.
    - Students explain the conditions for acquiring full and partial legal capacity, including age limits.
    - Students explain the concept of personality rights and their distinction from legal personality.

    Relevant provisions of Czech Civil Code: 
    Sects. 15-22
    Sects. 23-114
    Sects. 494, 1116, 1448, 2951, 2952, 2956, 2991

    Case law: 
    AT: SC Case No 5 Ob 174/02b
    CZ: SC Case No 30 Cdo 2304/99
    CZ: SC Case No 25 Cdo 2489/2003
    ECtHR: Oberschlick v. Austria, Application no. 20834/92

    Sources:
    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.