Osnova sekce

  • Learning outcomes:
    - Students explain the concept of personal status and distinguish legal personality.
    - Students define family relationship and compute degrees of kinship in direct and collateral lines.
    - Students distinguish between legal in-law relationships and social affinity relationships in family law contexts.
    - Students explain the legal concept and purpose of marriage and identify its essential elements under civil law. 
    - Students evaluate legal impediments to marriage and interpret the consequences of invalid or ostensible marriages.
    - Students compare partnerships and marriages in terms of formation, rights, and duties under national and European law. 
    - Students assess the impact of ECtHR and CJEU case law on the recognition and regulation of same-sex partnerships.
    - Students define household, common household, and family household and explain their relevance in civil law provisions.
    - Students assess the legal consequences of cohabitation in areas such as succession, maintenance, and public law rights.

    Relevant provisions of Czech Civil Code: 
    Sect. 15, 22, 29-37, 49, 74, 646, 836, 806, 807, 867, 885, 886, 1098, 771-774, 655-770, 1526, 1636 and 1637, 2279, 2920, 2301

    Case law: 
    ECtHR: Christin Goodwin v the United Kingdom, Application no. 28957/95
    ECtHR: Fedotova and Others v. Russia, Applications nos. 40792/10, 30538/14 and 43439/14
    CJEU: C-713/23 (Wojewoda Mazowiecki)
    CZ: CC Case No. Pl. ÚS 52/23

    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.