Osnova sekce
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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, 2991Case 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. 20834/92Sources:
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.