Osnova sekce

  • Sbalit Rozbalit

    Úvod

    Sbalit vše Rozbalit vše

    Introduction of the course

    Lecturers:
    doc. JUDr. Ondřej Frinta, Ph.D. is a member of the Department of Civil Law. He graduated from the Law Faculty of 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 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
    Please note: the list can be modified in accordance of public holidays and actual legislative development of private 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:
    - Students identify and analyse the sources of private law of the Czech Republic.
    - Students categorize the stages of development of private law in the Czech Republic and within the European context.
    - Students describe and compare natural persons and legal entities in terms of legal personality, capacity to perform legal acts, and representation, and distinguish them from trusts.
    - Students classify particular legal acts as valid, void, voidable, or ostensible.
    - Students distinguish among different types of subject-matter in civil law.
    - Students explain the role of time in civil law, including the consequences of lapse of time and lapse of claims.
    - Students identify and analyse the sources of family law of the Czech Republic and describe fundamental social and legal relationships within the family, including the position, rights and duties of individual family members.
    - Students describe the operation of the law of succession, distinguish among different legal titles of succession, and apply them to specific cases.

  • Sbalit Rozbalit

    1) Development of Private Law in European Context

    Development of Private Law in European Context

    Learning outcomes:
    - Students explain fundamental notions (law, right, duty).
    - Students categorise law and especially distinguish between public and private law.
    - Students explain main differences between private and public law.
    - Students identify and describe main stages in the development of private law, especially with regard to previous civil codes and their main features.
    - Students describe the basic characteristics of Civil Code (incl. its structure) and other sources of private law.
    - Students distinguish between civil law as general private law and special branches of private law.
    - Students distinguish sources of procedural law as a part of public law.

    Relevant provisions of Czech Civil Code: 
    Sect. 1

    Case law: 
    Constitutional Court of the Czech Republic (ConCourt): Case No. Pl. ÚS 33/2000
    Supreme Administrative Court of the Czech Republic (SAC): Case No. 2 As 50/2005

    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.
    Hrstková, J. Fundamentals of Czech Civil Law. Czech Law and European Union. Textbooks Vol. 5. Praha: Univerzita Karlova v Praze, Právnická fakulta, 2005, pp. 9-11.

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    2) Fundamental Principles of Private Law

    Learning outcomes:
    - Students explain the historical and philosophical background of principles of private law.
    - Students define legal principles as systemic rules permeating private law and differentiate them from specific statutory provisions.
    - Students apply the three-step proportionality test (suitability, necessity, proportionality stricto sensu) to hypothetical cases.
    - Students analyse the role of principles in interpretation, application, and creation of law.
    - Students categorise legal principles according to different criteria.
    - Students interpret and apply core principles governing private law relations, including autonomy of will, equality, protection of the weaker party, and good faith.

    Relevant provisions of Czech Civil Code: 
    Sects. 2, 3, 7, 8, 15, 19, 661, 1089 et seq., 1109 et seq., 1765, 1785 et seq., 2056

    Case law: 
    CZ: CC Case No Pl. ÚS 33/97
    CZ: CC Case No I. ÚS 2166/10
    CZ: CC Case No II. ÚS 1774/14
    CZ: CC Case No I. ÚS 185/04
    CZ: CC Case No II. ÚS 249/97
    CZ: SC Case No 3 Cdon 69/96

    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.
    Hrstková, J. Fundamentals of Czech Civil Law. Czech Law and European Union. Textbooks Vol. 5. Praha: Univerzita Karlova v Praze, Právnická fakulta, 2005, pp. 11-12.

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    3) Natural Persons

    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.

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    4) Legal Entities

    Learning outcomes:
    - Students define the concept of a legal entity and distinguish it from a natural person.
    - Students interpret the evolution of terminology of legal entity.
    - Students analyse the origins of legal entities in Roman law and assess their transformation through medieval and during industrialization and beyond.
    - Students compare and critically assess major theoretical approaches to the nature of legal entities (the Theory of Fiction and the Theory of Reality).
    - Students classify legal entities under Czech law and differentiate between entities governed by private law and those governed by public law.
    - Students explain the scope of legal personality of legal entities, identify exceptions to general legal capacity under Czech law and compare with the Ultra Vires Doctrine.
    - Students analyse the doctrinal debate on whether legal entities possess legal capacity and articulate arguments for both positions.
    - Students identify and describe the main types of legal entities under Czech law and their fundamental characteristics.

    Relevant provisions of Czech Civil Code: 
    Sects. 15-435

    Case law: 
    USA: Santa Clara County v. Southern Pacific Railroad: 118 U.S. 394 (1886)
    AT: OGH Case No 5 Ob 10/03m

    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.

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    5) Representation

    Learning outcomes:
    - Students explain the legal nature and purpose of representation
    - Students differentiate between direct and indirect representation and assess their respective legal consequences for the represented party.
    - Students assess the admissibility and potential divergence of active and passive representation under civil law principles.
    - Students interpret statutory provisions governing representation agreements, powers of attorney, guardianship and mandate within private and public law frameworks.
    - Students identify legal acts that are inherently personal and evaluate the limitations on representation in such contexts.
    - Students compare fiduciary arrangements in Roman law, German Treuhand, and common law trusts, distinguishing them from representation.

    Relevant provisions of Czech Civil Code: 
    Sects. 436-488
    Sects. 49, 166, 430, 503, 657, 669, 696, 779, 780, 892, 928, 966, 955, 1481, 1496, 1584, 1868, 1935, 2027, 2455-2456, 2471

    Case law: 
    CZ: SC Case No 26 Cdo 2857/2007
    CZ: SC Case No 33 Cdo 4385/2007
    CZ: SC Case No 27 Cdo 4593/2017
    CZ: SC Case No 28 Cdo 2649/2018

    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.

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    6) Fiducia and Trust

    Learning outcomes:
    - Students explain the concept of trust in common law systems, including its historical origins and development through equity.
    - Students identify the key elements of a trust, such as equitable obligations, fiduciary duties, and duality of ownership.
    - Students distinguish between legal and equitable ownership.
    - Students compare different types of trusts (express, resulting, constructive) and their methods of creation.
    - Students evaluate the reception of trusts in civil law jurisdictions, including challenges and adaptations.
    - Students describe the unique features of the Quebec trust (fiducia) and its concept of patrimony by appropriation.
    - Students assess how the Czech trust model aligns with the Quebec approach and its implications for Czech law.

    Relevant provisions of Czech Civil Code: 
    Sects. 1400-1474

    Case law: 
    CA: Royal Trust Co. c. Tucker, [1982] 1 RCS 250
    CA: Curran v. Davis, [1933] SCR 283
    CA: Banque de Nouvelle-Écosse c. Thibault, [2004] 1 R.C.S. 758, 2004 CSC 29
    GB: Earl of Oxford’s Case (1615) 1 Ch Rep 1
    GB: Saunders v Vautier (1841) 4 Beav 115

    Sources:
    Campagnolo, Y., Grenon, A., Bélanger-Hardy, L. Elements of Quebec Civil Law: A Comparison with the Common Law of Canada. Second Edition. Éditions Yvon Blais, 2025, pp. 167–224.
    Cumyn, M. C. Rapport Général. In: Cumyn, M. C. La fiducie face au trust dans les rapports d’affaires / Trust vs Fiducie in a Business Context. XVe Congrès International de Droit Comparé. Brussels: Bruylant, 1999, pp. 11–30.
    Emerich Y. Conceptualising property law : Integrating Common Law and Civil Law Traditions. Edward Elgar Publishing, Inc. 2018, pp. 235–270.
    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.
    Hudson, A. Equity and Trusts. Sixth Edition. Routledge-Cavendish, 2010, pp. 3–67.
    Ryan, K. W. The Reception of the Trust in the Civil Law. University of Cambridge, 1959, pp. 2–55.

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    7) Legal Facts

    Learning outcomes:
    - Students define the concept of legal facts and explain their role in creating, modifying, or extinguishing rights and duties.
    - Students classify legal facts into those based on the will of a natural person and those independent of it.
    - Students identify essential elements for the existence and validity of a legal act, including will, manifestation, and object.
    - Students interpret principles governing contracts, such as consensus and pacta sunt servanda.
    - Students discuss the significance of time as a legal fact.
    - Students evaluate the effects of statutory limitation and prescription on rights and obligations in civil law.

    Relevant provisions of Czech Civil Code: 
    Sects. 545-654

    Case law: 
    CZ: CC Case No II. ÚS 635/09
    CZ: CC Case No II. ÚS 158/99
    CZ: CC Case No III. ÚS 21/02
    CZ: CC Case No IV. ÚS 2766/15
    CZ: SC Case No 30 Cdo 2585/2007
    CZ: SC Case No 21 Cdo 1965/2024
    CZ: SC Case No 22 Cdo 1491/2019
    CZ: SC Case No 27 Cdo 3955/2017

    Sources:
    Bar, C. von, Clive, E. a kol. Principles, Definitions and Model Rules of European Private Law. Draft Common Frame of Reference (DCFR). Full Edition. Volume 1. München: Sellier, European law publishers, 2009, pp. 108–137.
    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.
    The UNIDROIT Principles of International Commercial Contracts 2004 In: Comparative Perspective. Tulane European and Civil Law Forum, 2006, s. 1–33.

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    8) Development of Family Law in European Context. Fundamental Principles of Family Law

    Learning outcomes:
    - Students define fundamental notions (Family Law, Family and Child).
    - Students describe the main stages in the development of family law, especially with regard to changes from patriarchal family pattern to modern family with equal status of spouses.
    - Students critically evaluate the hybrid character of family law, its intersection with public and private law.
    - Students identify principles developed by the Commission on European Family Law (CEFL) and understand their role in harmonizing family law across European jurisdictions.
    - Students identify and briefly explain the fundamental principles of Czech family law, including legal protection of family life, equality, solidarity, and the best interests of the child, etc.
    - Students 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.
    - Students identify and describe the constitutional, international, and statutory sources of Czech family law, and understand their hierarchical structure.

    Relevant provisions of Czech Civil Code: 
    Sects. 3, 30 and 655

    Case law: 
    ECtHR: Marckx v. Belgium, Application no. 6833/74
    ECtHR: Keegan v. Ireland, Application no. 16969/90
    ECtHR: Schalk and Kopf v. Austria, Application no. 30141/04

    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.

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    9) Law of Personal Status. Family Relationship. Marriage, Partnership and Cohabitation.

    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.

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    10) Determination of Parenthood. Surrogacy. Adoption.

    Learning outcomes:
    - Students distinguish between the concepts of parent, parentage, parenthood, and parental responsibility, and explain legal, biological, and social dimensions of parenthood.
    - Students interpret the scope and limitations of the child’s right to know their origins in accordance with ECtHR case law.
    - Students identify and compare traditional and modern methods of determining parentage.
    - Students analyse the principle “Mater semper certa est” in historical and contemporary legal contexts, and assess its relevance in light of surrogacy and baby-boxes.
    - Students explain the concept of surrogacy and identify different models how legal system treats this issue.
    - Students explain the evolution of paternity determination rules, and critically assess ECtHR case law and Czech legal presumptions of paternity.
    - Students discuss historical and modern approaches to child abandonment and analyse the legal status of abandoned child and controversies surrounding baby-boxes and anonymous births.
    - Students describe the historical development of adoption and its transformation from property-based to child-centered institution, including the main elements of Czech legislation on adoption.

    Relevant provisions of Czech Civil Code: 
    Sects. 775-793
    Sects. 794-854

    Case law:
    ECtHR: Odièvre v. France, Application no. 42326/98
    ECtHR: Godelli v. Italy, Application no. 33783/09
    ECtHR: Yildrim v. Austria, Application no. 34308/96
    ECtHR: Rasmussen v. Denmark, Application no. 8777/79
    ECtHR: Kňákal v. the Czech Republic, Application no. 39277/06
    ECtHR: Shofman v. Russia, Application no. 74826/01
    ECtHR: Mizzi v. Malta, Application no. 26111/02
    ECtHR: Paulík v. Slovakia, Application no. 10699/05
    CZ: ConCourt Case No. I. ÚS 3226/16
    UK, House of Lords: Ampthill Peerage Case [1977] AC 547

    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.

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    11) Parents and Children. Parental responsibility. Foster Care.

    Learning outcomes:
    - Students describe the historical development of parental authority, from Roman law through the ABGB 1811 to modern civil law.
    - Students identify and classify the mutual duties and rights of parents and children, emphasizing their protective purpose.
    - Students define the scope and content of parental responsibility under the Civil Code, including care, protection, upbringing, representation, and asset administration. 
    - Students explain the duration and legal nature of parental responsibility, and its creation and extinction. 
    - Students evaluate judicial interventions in parental responsibility, such as suspension, limitation, or relieving of responsibility.
    - Students differentiate between various forms of maintenance performance, such as monetary payments, in-kind provision, and personal care. 
    - Students apply general and special criteria for determining the extent of maintenance duties, including considerations of ability, needs, and good morals. 
    - Students analyse case law illustrating the interpretation of maintenance standards.
    - Students describe the legal framework for tutorship, guardianship, foster care, and institutional care, including their respective rights and duties.

    Relevant provisions of Czech Civil Code:
    Sects. 777, 778, 855 et seq., 910 et seq., 928 et seq.

    Case law:
    CZ: CC Case No III. ÚS 606/04
    CZ: CC Case No I. ÚS 1393/17
    CZ: CC Case No IV. ÚS 650/15
    CZ: CC Case No IV. ÚS 2691/24
    CZ: SC Standing No Cpjn 204/2012
    CZ: SC Case No 24 Cdo 80/2020
    CZ: SC Case No 4 Tdo 250/2012

    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.

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    12) Succession Law

    Learning outcomes:
    - Students define fundamental notions: succession law, universal succession, singular succession.
    - Students identify fundamental principles of Succession Law and sort them in relevant pairs.
    - Students identify and analyse prerequisites of inheritance.
    - Students identify and distinguish among different legal titles of legal succession.
    - Students explain the notion of forced share and know relevant EHCR case law.

    Relevant provisions of Czech Civil Code: 
    Sects. 1475-1720

    Case law: 
    ECtHR: Jarre vs. France, Application no. 14157/18

    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.
    Hrstková, J. Fundamentals of Czech Civil Law. Czech Law and European Union. Textbooks Vol. 5. Praha: Univerzita Karlova v Praze, Právnická fakulta, 2005, pp. 85-88.