Law

- Topics marked with * are asked more often than others. Usually, students are asked 2
questions at a maximum.
- Usually, the topic asked by the examiner correlates with the topic of your bachelor
thesis, but there might be exceptions.
- This is actually the hardest block because almost 60% of last year’s students failed to
pass it.
- There will be no graphs, visual representations or anything – just a text which must
be understood by you and learnt by heart as well.
- The block consists of two subjects: Civil Law and Essentials of Juridical Science;
Both are taught by Michal Reichert.

Table of Contents
1. Definition, Purpose and History of Law (Ancient Legal Systems, Basics of Legal
Theory and Philosophy). 2
2. Legal Systems (Continental Law, Common Law, Religious Legal System). 3
3. Categorization of Law (Public and Private, Substantive and Procedural Law, Natural
and Positive Law). 4
4. Legal Norms (Hierarchy, Structure and Types). 5
5. Legal System in the Czech Republic (Domestic Sources of Law, Areas of Law,
Hierarchy of Domestic Legislative Instruments, Relationship to International and
European Law).* 7
6. Legislative Process in the Czech Republic (Division of Powers, Legislative Power
under the Constitution, the Parliament and Presidential Veto). 11
7. Constitutional Law (Constitutional Legislative Process, Main Pieces of Legislation,
Main Areas of Regulation).* 15
8. Administrative Law (Position in the System of Law, Means and Purposes, Main
Legislative Instrument). 19
9. Criminal Law (Principles of Substantive and Procedural Criminal Law, Crimes,
Punishments).** 21
10. Procedural Law, International Judiciary (Court System in the Czech Republic,
Main Domestic Procedural Codes, International Court System). 24
11. International Law (Sources, Subjects, System, Relation to Domestic Laws and
European Law).* 28
12. European Law (EU History, Primary and Secondary Law, EU Institutions).* 35
13. Labour Law (the Labour Code, Main Institutes of Labour Law).*** 41
14. Private Law (Means, Purpose, Principles, Institutes, Area of Law). 44
15. The New Civil Code (Structure, Area of Regulation, Novelty). 47
16. Family Law – Civil Law (Legislative Treatment, Institutes, Area of Regulation).**
50
17. Property Law (Absolute Property right).** 57
18. Contract Law (Relative Property Right) (Contract Parties, Entitlements and
Obligations, Types of Contract).*** 66
19. Responsibility under Private Law 67
20. Human Rights 69

1. Definition, Purpose and History of Law (Ancient Legal

Systems, Basics of Legal Theory and Philosophy).

● Law is a system of regulations, rules and norms which were created to govern,
maintain and keep order and justice in society.
- Law is created to keep people in peace and avoid anarchy. Our conduct and
behaviour are heavily influenced by law – we are trying to avoid disruptive behaviour
that might somehow negatively influence other people.

- Enforcing and ensuring that everyone follows laws is a complicated challenge – only
specific institutions are entitled to ensure that laws are being followed by residents of
a given country.

● History of Law

- In ancient times, people used to be living under some regulations which were unique
to every tribe or a smaller community. It was in this way until the first codes
containing “universal” rules of conduct were introduced to society.

1) Codex Hammurabi

- This codex is considered to be the first-ever created set of written laws by humankind.
The set of laws was codified and written on a stone.

- Several copies were placed all over the Kingdom of Babylon so that everybody on the
territory would be able to see those rules and follow them. 1760 BC.

- Mostly, the codex relied on an antic understanding of justice and law. For instance,
the principle called an eye for an eye (tit for tat) was introduced there.

2) Law of 12 Tables
- Based on the same logic as the Codex Hammurabi, Romans distributed 12 tables
containing basic regulations and trials prescribed for violating those regulations.
Tables were containing legislation related to trials, theft, debts, rights of fathers over
the family, inheritance, acquisition and possession, land rights and crimes, torts, and
public law.

- The Law of 12 Tables is heavily influenced by Greek philosophers, this set of rules
laid a foundation for Roman Law – the law on which almost all European countries is
based.

3) Roman Law

- Roman Law, or also known as the Code of Justinian (named after the Roman ruler
responsible for its creation) is considered to be the first more or less modern law.

- Justinian I is the man responsible for the initiative of creating the law in 534.

- The first-ever law to make a distinction between public and private law.
 2. Legal Systems (Continental Law, Common Law, Religious
Legal System).

Clearly, every country has specific traditions and cultures which can be very different from
others. As a consequence, we have around 3-5 legal systems which have the same purpose –
maintaining order, but they often use different methods and different sources to which they
are referring.

1) Common Law

- Common Law is the system primarily used in former-British colonies. Contrary to

continental law, the main framework is previously made court decisions, this is a kind
of a so-called decisional law. The precedential authority is vested on previous court
decisions because based on this system, it is unfair to treat similar facts differently on
different occasions.
- Court judgements are binding sources of Law.

Court decisions are all that matter.

2) Continental Law (Roman law/Civil law)

- Continental law is a legal system widely used in Europe (former Roman territories,
primarily).
- Based on the foundations laid by Roman Law.
- Sources of law are written pieces of legislation (acts).
- Core principles are codified into a referable system which serves as the primary
source of law (the most superior one, in other words)
- Rules are codified and used by judges, which should follow those rules.

Codes are all that matter.

3) Religious Legal Systems

- The primary source of law is some religious book/manuscript.

- Widely used in Islamic countries, notable in Saudi Arabia and Iran, where actions
considered to be normal in Europe are considered to be crimes, because they violate
the law of Islam.
- Entire legal systems are based on religious traditions.
Religion is all that matters.

4) Mixed legal system

- Clearly, just a mix of 2-3 components from each system (some might be absent)
3. Categorization of Law (Public and Private, Substantive and
Procedural Law, Natural and Positive Law).

● Natural Law – the law which is universal for everybody and it is believed that this
law is imposed on us by some supreme force – God, for example. There is no
legislation, codes, court decisions – nothing, this law is based on a general
understanding of what is right and what is wrong; it is based on morals and concepts
of good and evil. Therefore, this kind of law is the same all over societies. For
example, killing is bad, stealing is bad and so forth. There are no institutions to
control this field of law.
● Positive law – the law which is different in every society. Each society has its own
unique laws. These are social rules codified into the written form and it is governed
by an institution (courts, parliament and government).

● Substantive law – this kind of law states’ rights and obligations of individuals and
companies (legal subjects). This kind of law is regulated by particular codes related
to special fields of human activity –Civil Code, Criminal Code and Labour Code.
● Procedural law – this kind of law dictates the way how substantive law is operated
and protected, and it also states sanctions for not following substantive laws. For
each code of Substantive Law, there is related Procedural Codes, like the Code of
Criminal Procedure for the Criminal Code.

● Public law – the legal relationship between the state and individuals. Subjects (the
state and individuals) are not equal, the state has superior power over individuals.
These are examples of public law – administrative law, criminal law, constitutional
law, public international law. The purpose of this kind of law lies in protecting public
interests and it is governed by special public institutions/bodies.
● Private law – the legal relationship between individuals. Subjects of law (individuals
and individuals) are equal, no one is more superior than another. The purpose –
protect private interests. Everyone can defend their personal interests. For example,
family law, inheritance law and so forth.
 4. Legal Norms (Hierarchy, Structure and Types).

● Legal norms – ways to govern the rules of conduct, they are created by a state
authority. Legal norms usually define the rights and obligations that subjects of law
have. Subjects obey those rules because state authorities guarantee and make sure that
everyone follows them. Legal regulations are general and they can be applied to any
people who are subject to the law.

There are three different types of legal norms, these are:

a) Injunctive – they determine duties of legal subjects (what subjects SHOULD do). For
example, "a lessee shall use the apartement properly and in accordance with the lease
contract". In this case, the subject is a lessee and his duty is to keep the apartment in a
proper condition.
b) Prohibitive – they determine prohibitions, i.e., what subjects of law cannot do. For
example, “it is prohibited to work as a minor”. In this case, minors are subjects and
the prohibition is any working activity. As you can see, it is a very general statement
and it can be applied to almost any minor.
c) Entitling – they determine entitlements of legal subjects. For example, "an heir has a
right to refuse inheritance…". In this case, an heir is a legal subject and the
entitlement is the right of refusal.

As you could see above, we can define different subjects and the actual core part of each
legal norm. However, there is a special structure that is followed by the vast majority of legal
norms. *note that some of those parts can be absent, as the sanction part, for example.

1) Hypothesis – in this part of a legal norm, the addressee (subject) and the
circumstances/occurrence are defined. Usually, a place, time, attributes of the
addressee are defined.
2) Disposition – in this part, the conduct of the subject is defined, or the conduct which
the subject of law should avoid is described. This is the main part of each legal norm.
3) Sanction – a consequence resulting once the law is broken.

Example - “When employee or employer terminates the employment relationship by a notice

of termination, the notice must be in writing and delivered to the other party or else it is
invalid.“

● Temporary scope of activity

Whenever a legal norm is created, it is affected by particular phenomena, which are:

a) Validity

- When a norm becomes a part of the legal order, the norm is valid from the moment it
is published

b) Effectivity

- When a norm is binding for all subjects of law, it is put in the last provision of a
normative act

c) Vacatio legis

- The period between validity and effectivity

● Territorial scope of activity

- Each legal norm can be applied to subjects based on territorial principles.

- Norms are binding (can be applied) to the subjects of laws on the territory where the
law is binding and adopted by a local normative act.

- Territory is considered to be earth surface, internal waters – rivers/lakes, coastal

waters, underground and airspace.

- Fictitious territory – boards of aircraft and ships.

● Personal scope of activity

- Legal norms are binding for all persons on the territory of a particular state.

- However, some particular norms are related to only specific groups of people
according to their social position and occupation (soldiers, teachers, politicians). If
so, it should be specified in the hypothesis of a legal norm, otherwise, it is applied to
all legal subjects.

- Some legal norms actually exclude people from following particular legal norms. For
example, presidents usually have an immunity to all legal norms and crimes.
 5. Legal System in the Czech Republic (Domestic Sources of
Law, Areas of Law, Hierarchy of Domestic Legislative
Instruments, Relationship to International and European
Law).*

Each country on Earth has its own sources of Law. In the overwhelming majority of
countries, there is a Constitution among primary sources of laws.

In the Czech Republic, the constitution and constitutional acts are among the primary
sources of law.

● Constitutional acts – laws on important matters of the state and laws on citizens’
rights and also human rights (which are followed by the Czech Republic).

● Constitution – the set of all laws defining the structure of the country, its position in
international law and membership in particular organizations and treaties. In addition,
Czech Constitution encompasses a special part dedicated to Human Rights.

These are the most important sources of domestic law in the Czech Republic, however, there
are not alone.

● Acts (passed by Parliament and can be amended by Parliament)

● Codes (defining rules of behaviour in particular fields of human activities)

● Legislative measures of the Senate

Finally, the least important sources of domestic law in the Czech Republic are:

● Orders and Ordinances of the Government

● Orders and Ordinances from ministries, regions and municipalities.

● However, the Czech Republic is a part of the European Union.

 - It means that the EU law has a binding effect on the Czech Republic.
- If there is a conflict between international law and the national one, the Czech Law
does not become void (it is still valid), but it cannot be applied in this case because
the International Law overrides it (has a higher force).

All that means that among primary sources of domestic law, primary sources of EU law
are also applied to the Czech Republic because accepting its membership was only
possible by following those conditions (Joined in 2004).

- Primary law of EU – norms contained establishing treaties of the EU (will be

discussed later).
- Secondary law of EU – regulations, directives and decisions.
- Judicial decisions of the EU Courts (“case law”).
- International treaties (not between its member states, but with third-party nations like
Russia and the USA).

● Basically, it means that in the hierarchy of legal norms, international ones have more
power than domestic ones.

● Areas of Law in the Czech Republic are:

- The sum of all legal rules is called the legal order of the Czech Republic.
divided into branches of law

a) jus privatorum (“private law”)

consisting of:
- Civil law (substantial and procedural),
- Commercial law,
- Family law,
- Labour law (or at least a part thereof),
- Land law
- International private law
b) jus publicum (“public law”)
- constitutional law.
- administrative law.
- penal (criminal) law.
- financial law.
- environmental law.

aa) Substantive law

- Contains rules defining (and regulating) rights and obligations subjects of law
(participating in legal relationships)
bb) Procedural law
 - prescribes the method of enforcing rights or executing obligations (due procedure of
law)
- civil procedure
- criminal procedure
- administrative procedure
- arbitration proceedings („ADR“)

Figure 1, hierarchy of Czech Sources of Law

 6. Legislative Process in the Czech Republic (Division of
Powers, Legislative Power under the Constitution, the
Parliament and Presidential Veto).

Apart from the sources of law, each country has its own unique legislation and division of
powers. Usually, it results from a long-lasting history of legal traditions and customs in a
country.

In the Czech Republic, there is a visible division of powers consisting of:

● Law-making body (legislative power) – Parliament.

- Parliament consists of 2 chambers (segments), consisting of:

- Chamber of Deputies (200 members)

- Senate (81 members)

In the Czech Republic, a proposal (initiative) about the process of adopting new legislation
can be submitted by:

a) A deputy
b) A group of deputies
c) The Senate
d) Central Government
e) Regional Administrative government

- Important notice! Only Central Government can propose legislation regarding the
state budget.

As you can see, there are plenty of ways of how new legislation can be initiated in the Czech
Republic.

- After the initiative, the government has the right to express its opinion about a
proposed act.
- Then, three successive readings (discussions) are held in the Chamber of Deputies,
and they might amend it. The act will be passed on to Senate only in the case if at
least half of the present members agree on this act.
- Consequently, Senate has 30 days to discuss the act. If the Senate approves the act or
does not express anything, the act is passed on to the president of the Czech Republic
 for the final signature. (Many people might think that the president has absolutely no
power but for the representation, but he can actually override a proposed act)
- In the case, if the Senate expresses their disapproval of the act, the act returns back to
the Chamber of Deputies and the Senate's rejection can be overridden by half of all
(!) deputies.
- Finally, the act will be passed on to the president and he can approve it or use the
right of presidential veto (rejection). If he decided to use the right of veto, the
Chamber of Deputies can override this veto by half of all members.
- As for constitutional acts, in order to accept them, 3/5 of all deputies and 3/5 of
present senators is needed.

*You may be wondering, what does it mean "all" and "present"? Sometimes, during readings
and discussions, not all deputies and senators are present.

● Executive power – it is vested on the head of the state (President of the Czech
Republic) and the government (the highest body of executive power).
● Judiciary power – it is represented by courts of general jurisdiction (civil and
criminal), administrative courts and the Constitutional Court.

● A quick overview of each institution and its representatives:

❖ Legislative power

⮚ Assembly of Deputies

● ▪ ▪200 deputies

● ▪ ▪for a period of 4 years.

● ▪ ▪secret voting system on the basis of a general, equal and direct voting right
according

to the principles of proportionate representation

• votes for parties from all electoral districts in CR are added together

● ▪ ▪electoral right (active)- citizens of the Czech Republic older than 8 years.

● ▪ ▪right to be elected (passive) - citizens of the Czech Republic older than 21 years

⮚ Senate
 ● ▪ ▪81 senators

● ▪ ▪period of 6 years.

● ▪ ▪A 1/3 of senators shall be elected every 2 years.

● ▪ ▪secret vote on the basis of a general, equal and direct voting right according to the

principles of the majority representation

• in each electoral district the winning candidate must obtain the majority of the votes

cast

▪ the right to be elected - citizens of the Czech Republic older than 40 years. ⮚ Mandate of
a deputy

● ▪ ▪arises at the moment of election

● ▪ ▪Nobody may be a member of both chambers of the Parliament at the same time.

● ▪ ▪mandate of a deputy or a senator shall be terminated due to

● rejection of the oath or due to execution of the oath with a reserve.
● the lapse of the election period.
● waiver of the mandate.
● loss of eligibility.
● dissolution of the Assembly of Deputies.
● ❖ Executive power- President of the Republic, Government, Ministries

● ⮚ ▪President of the Republic

o ▪ ▪head of state.

o ▪ ▪elected by the citizens in the direct vote for 5 years

o ▪ ▪nobody may be elected as the President of the Republic more than twice
subsequently.
o ▪ ▪appoints and recalls the prime minister and other members of the
government and

accepts their resignation.

 o ▪ ▪appoints judges of general courts (for an indefinite period)

o ▪ ▪appoints judges of the Constitutional Court (for the period of 6 years);

o ▪ ▪grants amnesty

o ▪ ▪has the right to refuse an adopted Act of Parliament and return it to the
Assembly of

Deputies

o ▪ ▪signs Acts of the Parliament

o ▪ ▪represents the state on the international level; negotiates and ratifies

international treaties

and agreements

o ▪ ▪occupies the position of chief commander of the armed forces;

o ▪ ▪declares elections into the Assembly of Deputies and into the Senate;

● ⮚ ▪Government

o ▪ ▪supreme authority of the executive power

o ▪ ▪The prime minister shall be appointed by the President of the Republic.

o ▪ ▪For the performance of its powers, the government shall be responsible to

the Assembly

of Deputies.

o ▪ ▪The government shall always resign after the constituent meeting of the
newly elected

Assembly of Deputies.

o ▪ ▪The government is a collective body. Adoption of its resolution requires

the approval

of at least half of its members.

o ▪ ▪In order to implement an act, the government may issue Governmental

Decrees within

the limits of the act (statutory order).

 o ▪ ▪Ministries and other central administrative authorities may issue legal
regulations

(Ministerial Decrees) on the basis and within the limits of law if they are
empowered

to it by law.

❖ Judicial power- general courts, administrative courts, constitutional

court ⮚ exercised on behalf of the State by independent courts.

⮚ Courts consist of the judges appointed by the President

⮚ Judges are independent in exercising of their post

7. Constitutional Law (Constitutional Legislative Process,

Main Pieces of Legislation, Main Areas of Regulation).*

- Constitutional Law is a field of law that defines the role of the state, its powers,
structure of different institutions within the state – executive, legislative and judiciary
powers. In addition, this field of law also defines the rights of citizens. Basically,
 Constitutional law is a kind of law that is responsible for the way how a state (in our
case, the Czech Republic) is structured and who has powers within the state.

● The Constitutional Court is the main authority that ensures that

constitutionality is kept on the territory of the Czech Republic. This court
constantly monitors whether everything is being conducted in the way it should.

- Consists of 15 judges appointed for 10 years.

- Judges can be represented by a) Czech Citizens eligible to be a senator, b) A person
having a legal education, c) 10 years active in a legal profession.

Powers of Constitutional Court are:

a) Annulation of acts or their individual provision if they are going against the
constitutional order of the state.
b) Annulation of other legal regulations or their individual provisions if they are
contrary to the constitutional order or to an act.

● Legislative process

- Process of preparing, drafting, discussing and approving legislation

- Consists of these phases:

a) Legislative initiative

- First step of the process

- The right to initiate the process of adopting a new piece of legislation belongs to:
- a Deputy
- a group of Deputies
- the Senate
- the central government
- regional administrative government
- The proposal is submitted to the Assembly of Deputies

b) Discussions in the Parliament

- Chamber of Deputies
- holds three successive readings of the act, discusses it and, if necessary, amends it
- the act is passed to the senate if at least half of the present Deputies agree with it
- a majority of half of the present Deputies is needed for approval
- after approval, the Act is presented to the Senate

c) Senate
- must discuss the act within 30 days – if not, approval is presumed
- if the Senate approves the act (by half of the present Senators), it is presented to the
President
 - if the Senate rejects the act and/or proposes changes or amendments, the Act goes
back to the Assembly of Deputies
- (1) The Assembly can overcome the rejection by a majority of half of all Deputies
- (2) Reapproved act goes straight to the President

d) Approval of the President

- The President has the right to veto the act within 15 days
- The act goes back to the Assembly of Deputies, the veto may be overcome by a
majority of half of all Deputies
- If the President approves the act, he signs it
- An act signed by the President is sent to the prime minister, he signs it as well

e) Promulgation (Adoption)
- For the act to become valid, it must be promulgated
- Promulgation = publication of the Act in the Collection of Laws
- Ignorantia legis non excusat
“The concurrence of three-fifths of all Deputies and three-fifths of all Senators present is
required for the adoption of a constitutional act” (Constitutional Act No. 1/1993 Coll. As
amended, Article 39, official translation

● Main pieces of legislation:

Preamble
Chapter I – Fundamental provisions
Chapter II – Legislative power
Chapter III – Executive power
Chapter IV – Judicial power
Chapter V – The Supreme inspection office
Chapter VI – The Czech national bank
Chapter VII – Territorial self-administration
Chapter VIII – Interim and final provisions
❖ Preamble:

⮚ We, the citizens of the Czech Republic in Bohemia, in Moravia, and in Silesia, At the time
of the restoration of an independent Czech state, Faithful to all good traditions of the long-
existing statehood of the lands of the Czech Crown, as well as of Czechoslovak statehood,
Resolved to build, safeguard, and develop the Czech Republic in the spirit of the sanctity of
human dignity and liberty, As the homeland of free citizens enjoying equal rights, conscious
of their duties towards others and their responsibility towards the community, As a free and
democratic state founded on respect for human rights and on the principles of civic society,
As a part of the family of democracies in Europe and around the world, Resolved to guard
and develop together the natural and cultural, material and spiritual wealth handed down to
us, Resolved to abide by all proven principles of a state governed by the rule of law, Through
our freely-elected representatives, do adopt this Constitution of the Czech Republic.
❖ Chapter I – Fundamental provisions ▪ ARTICLE 1

(1) The Czech Republic is a sovereign, unitary, and democratic state governed by the rule of
law, founded on respect for the rights and freedoms of man and of citizens.
(2) The Czech Republic shall observe its obligations resulting from international law.
▪ ARTICLE 5
The political system is founded on the free and voluntary formation of and free competition
among those political parties which respect the fundamental democratic principles and which
renounce force as a means of promoting their interests.
❖ Chapter II – Legislative power (Nhi) ⮚ ARTICLE 15

▪ ▪(1) The legislative power of the Czech Republic is vested in the Parliament.

▪ ▪(2) The Parliament consists of two chambers, the Assembly of Deputies and the Senate.

• Oaths
Active and passive suffrage
Incompatibilities
Immunities
❖ Chapter III – Executive power

⮚ The President: elections, powers (some require countersignature)

⮚ The Government: Prime Minister, Deputy Prime Ministers, Ministers

❖ Chapter IV – Judicial power

⮚ General courts

⮚ Constitutional Court - a sui generis court – protection of constitutionality ⮚ Court

hierarchy 4.
❖ The Charter of Human Rights and Fundamental Freedoms ▪ The Preamble

▪ General provisions

▪ Human rights and fundamental freedoms

⮚ ▪General provisions

▪ ▪Article 1
All people are free and equal in their dignity and rights. Their fundamental rights and
freedoms are inherent, inalienable, non-prescriptible, and irrepealable.
▪ ▪Article 2
(1) Democratic values constitute the foundation of the state, so that it may not be bound
either to an exclusive ideology or to a particular religious faith.
(2) State authority may be asserted only in cases and within the bounds provided for by law
and only in the manner prescribed by law.
(3) Everyone may do that which is not prohibited by law; and nobody may be compelled to
do that which is not imposed upon her by law
⮚ ▪Human rights and freedoms

▪ Fundamental HR and freedoms

▪ Political rights

▪ Equal before the subjects of the law

▪ Rights of national and ethnic minorities ▪ Economic, social and cultural rights

▪ The right to judicial and other legal protection ▪ Rights of minorities

• Rights

• Limitations

• Delegations to regular (non-constitutional acts)

*Main area of regulation:

1) The legal order of the Czech Republic is hierarchically structured.
2) At the top are the Constitution and the other constitutional acts;
a) carry the greatest legal authority
b) can be amended only by another constitutional act
3) part of the Constitution the Charter of Fundamental Rights and Basic Freedoms
a) formally a separate constitutional law
b) has the same force as the Constitution itself.
4) International agreements have special standing
a) are part of the legal order
b) take precedence even over a constitutional act in the event of a conflict.
the most important treaty in this category is the Council of Europe's Convention for the
Protection of Human Rights and Fundamental Freedoms (1953)
Examples:
Article 36 (1): Everyone may defend, through the prescribed procedure, his rights before an
independent and impartial court ...
Article 36 (2): Unless the law provides otherwise, a person who claims that her rights were
restricted by a decision of a public administrative authority may turn to a court for review of
the legality of that decision.
Article 37 (1): Everyone has the right to refuse to give testimony if she would thereby
incriminate herself or a person close to her.
Article 37 (2): In proceedings before courts, other State bodies, or public administrative
authorities, everyone shall have the right to legal assistance from the very beginning of such
proceedings.
Article 37 (3): All parties to judicial proceedings are equal
 8. Administrative Law (Position in the System of Law, Means
and Purposes, Main Legislative Instrument).

1) Public law in general

• Purpose – protects the public interest

• Means – practised by authorities
• Subordination
• Sometimes difficult to determine whether a particular legal relationship is that of public
or private law

2) Public law internationally

• Public international law: relations among states

• Private international law: conflict of laws

3) Public law domestically

• Constitutional law
• Criminal law
• Administrative law
• Some border areas of law (labour law)

- Administrative law is the body of law that governs the activities of administrative
agencies of government.

- Government agency action can include:

- rulemaking,

- adjudication, or the enforcement of a specific regulatory agenda.

 ● Administrative law is considered a branch of public law. As a body of law,
administrative law deals with the decision-making of administrative units of
government (for example, tribunals, boards or commissions) that are part of a national
regulatory scheme in such areas as police law, international trade, manufacturing, the
environment, taxation, broadcasting, immigration and transport.

- Administrative law expanded greatly during the twentieth century, as legislative

bodies worldwide created more government agencies to regulate the social, economic
and political spheres of human interaction.

- Civil law countries often have specialized courts, administrative courts that review
these decisions.

- Important legislation in administrative law in the Czech Republic:

Code of Administrative Procedure (2004)

Act on Offences (1990)
Act on Regions (2000)
Act on Municipalities (2000).
 9. Criminal Law (Principles of Substantive and Procedural
Criminal Law, Crimes, Punishments).**
- Criminal Law is a domain of the law that covers illegal activities conducted by
residents, visitors or citizens of a given country.

- We can distinguish between misdemeanours and felonies. Misdemeanours are crimes

that are less serious than felonies and they have lighter penalties. For example,
crossing the road in a place where you are not supposed to do it is considered to be a
misdemeanour.

The main sources of the Czech Criminal Law are:

1) Czech Criminal Code

2) Act on the Responsibility of Juveniles for illegal acts
3) Act on probation and mediation services
4) Act on the execution of imprisonment

● Criminal law is divided into:

● A) Substantive (defining what should be avoided and how)
● B) Procedural (defining sanctions and punishments, as well as trials)

! Criminal law has its own principles, which are very important because everything is based
on them!

a) Principle 1, Prohibition of retroactivity.

- Criminal penalties cannot be applied to acts that took place before the rule entered
into force.

b) Principle 2, The latter law derogates the earlier.

- Crimes are assessed in accordance with a relevant law prior to the moment of the
crime commission.
c) Principle 3, Legality.

- Only a law can define a crime and prescribe a penalty.

d) Principle 4, Subsidiarity of criminal repression.

e) Principle 5, Presumption of Innocence.

- No one is guilty until he is proven to be so.

● The degree of criminal responsibility can be different according to:

a) Age
b) Sanity (mental capacities)
c) Fault

- Crimes can be committed by either Intent or Negligence.

- Crimes can be committed intentionally if an offender wanted to commit an act, knew
that such an act might violate, or cause danger and an offender was aware of it.
- Crimes can be committed neglectfully if an offender knew that he could violate or
threaten interest protected in the Criminal Code, but he was relying upon that there
would be no violation, or he did not know that a violation might occur

There is an important difference that everyone must know -there is a concept of

legal personality and legal capacity.

Legal personality – from birth, ability to be a subject of law

Legal capacity – ability to commit or enter something by one’s own actions

(before majority – marriage and emancipation)

Children have legal capacity, but they do not have the legal personality to get married.

● Concepts of criminal code

1) Preparatory conduct
2) Attempt
3) Offender
4) Co-offender
5) Organizer
6) Instigator.
 ● Criminal liability

- Responsibility for breaking the law. Starts from 15 for juveniles and from 18 for
adults. (In the Czech Republic).

● For every action, there is a reaction. Criminal law has a wide set of all possible
sanctions which are prescribed for breaking the law.

- Purpose – protect society, reeducation, and punishment.

- There are punishments and protective measures.

● Types of punishments

1) Regular

a) Imprisonment (conditionally – not exceeding three years, and unconditionally – real

imprisonment),
b) House arrest
c) Community service
d) Forfeiture of property (for scamming people)
e) Statutory penalty
f) Entrance prohibition to sport, cultural and other social events (for disruptive behaviour
during the match, for example)
g) Losing military rank (for committing a war crime)
h) Banishment (for foreigners, for example)

2) Exceptional

a) Life Sentence
b) Imprisonment for more than 20 years

● Types of protective measures

a) Protective treatment (for insane people)

b) Protective upbringing (for juveniles)
c) Detainer of things or other assets
d) Security detention
 10. Procedural Law, International Judiciary (Court
System in the Czech Republic, Main Domestic Procedural
Codes, International Court System).

10.1. Definition of Civil procedural law:

the law that prescribes the procedures and methods for enforcing rights and duties and for
obtaining redress (as in a suit) and that is distinguished from the law that creates, defines, or
regulates rights.
❖ Code of Civil Procedure, Act No 99/1963 Coll.

❖ As old as the old Civil Code

"Code of Civil Procedure governs the procedure of the court and the parties in civil
proceedings so as to ensure fair protection of private rights and legitimate interests of the
participants, as well as education for respect for contracts and laws to honest performance of
duties and to respect the rights of others." (Section 1)
❖ Basic provisions
"In civil judicial proceedings, courts hear and decide disputes and other legal matters and
carry out enforcement that was not achieved voluntarily, yet ensure that there is no violation
of the rights and interests protected by law and that the rights are not abused." (section 2)
"Civil law is one of the guarantees of fairness and justice, serving the consolidation and
development of the principles of private law. Any person may request the court to protect the
private right which has been threatened or violated." (section 3)
10.2.
● ⮚ ▪Based on the Constitution

● ⮚ ▪Article 1: The fundamental rights and basic freedoms shall enjoy the protection of
judicial
bodies.
● ⮚ ▪Article 81: The judicial power shall be exercised in the name of the Republic by
independent courts.
● ⮚ ▪Article 90:

● ▪ Courts are called upon above all to provide protection of rights in the legally
prescribed manner.
 ▪ Only a court may decide upon the guilt of an offender and determine the
punishment for a criminal offence.
● ⮚ ▪91 (1) The court system comprises the Supreme Court, the Supreme
Administrative Court, superior, regional, and district courts.
● ⮚ ▪Article 82 (1) Judges shall be independent in the performance of their duties.
Nobody may jeopardize their impartiality.
● ⮚ ▪Article 82 (2) Judges may not be removed or transferred to another court against
their will
System of courts
Hierarchy; municipal, regional, upper (superior), supreme.
Criminal, civil, administrative, constitutional. ❖ Judges power
10.3. Main domestic procedural codes:
1) Criminal procedural law
❖ Code of Criminal Procedure, (Act of 1961 )
“The purpose of the Code of Criminal Procedure is to regulate the procedure of State
authorities
involved in criminal proceedings so that
⮚ criminal acts are properly investigated

⮚ offenders have been rightfully punished in accordance with the law.

The proceedings must always respect the rule of law, be aimed at prevention and suppressing
of
criminal activity” (Section 1)
❖ Important principles of criminal proceedings
“No one shall be prosecuted as accused on other than the legal grounds and in any other
manner
than that provided for under the present Act.” (Section 2, paragraph 1)
"Any person charged with an offence shall be presumed innocent until proven guilty by a
final sentencing judgment of a court." (Section 2, paragraph 2)
❖ Criminal proceedings

⮚ Take all evidence on a crime that is available

⮚ On the basis of the evidence accused is found guilty or not guilty ⮚ If found guilty decide
by a judgement on the punishment
⮚ Right to appeal to a higher instance

⮚ When judgement final punishment must be performed

❖ Criminal proceedings – participants

● ⮚ ▪Preparatory (pre-trial) procedure

 ● ▪ Police authorities

● ▪ State prosecutor – state authority with supervisory powers

● ▪ Court of justice – controls legality of the pre-trial procedure

● ⮚ ▪Trial procedure

● ▪ State prosecutor ▪ Accused

● ▪ Injured person

● ⮚ ▪Criminal trial – stages

▪ Pre-trial stage

• Initiation of Criminal Prosecution,

Police Investigation supervised by Public prosecutor Indictment lodged by a public
prosecutor
▪ Trial stage

● The indictment is examined by the court

● If no procedural mistakes, oral hearing initiated

● bringing evidence against or in favour of the accused

● When bringing of evidence is completed, final statements of both prosecutor and

accused follow
● Judgement by the court

● ⮚ ▪Appeals and Appeal Proceedings

● ⮚ ▪May be lodged by all participants (short time limit – only 8 days)

● ⮚ ▪The judgement and preceding procedure are examined by the court of higher
instance
● ⮚ ▪First instance judgment maybe

▪ Confirmed, then final and executable

▪ Corrected by the second instance court, also final and executable ▪ Suspended and
brought back to the court who adopted
● ⮚ ▪Legal opinion of second instance court is BINDING
1) Civil procedural law
❖ Civil procedural:

⮚ Code of Civil Procedure, Act of 1963)

“Code of Civil Procedure governs the procedure of the court and the parties in civil
proceedings so as to ensure fair protection of private rights and legitimate interests of the
participants, as well as education for respect for contracts and laws to honest performance of
duties and to respect the rights of others.” (Section 1)
Civil procedure – concept
⮚ Selection of proper court – jurisdiction to be specified Local
Personal
⮚ Starting with lodging the legal action by a party

⮚ Parties to a dispute participate in person or through a representative (solicitors) ⮚ Oral

hearing necessary in order to deliver the court decision
⮚ Appeals to court of the second instance possible

❖ Types of proceedings

⮚ Proprietary disputes

⮚ Inheritance

⮚ Protection of intellectual property

⮚ Commercial disputes (resulting from business) ⮚ Divorce

⮚ Determining of paternity (father of a child)

⮚ Disputes between employers and employees)

11. International Law (Sources, Subjects, System, Relation

to Domestic Laws and European Law).*

11.1. Sources of International law

 1. a) Historically – Permanent Court of International Justice (Statute of 1920) –
reinforced the principle pacta sunt servanda.
2. b) Presently – Statute of the International Court of Justice (1946) contains the list of
present sources of PIL. Article 38(1): treaties recognized by the contesting states,
international custom, the general principles of the law recognized by civilized nations,
judicial decisions (subsidiary means for the determination of law), juristic writings.
3. c) The Vienna Convention on the Law of Treaties 1969.
4. d) Crystallisation into a custom – usus longaevus ( = customary law must be followed
continuously), opinio juris necessitatis (must be reasonable in nature) Jus cogens –
modification of a treaty with international custom.
5. e) The obligations under the United Nations Charter override the terms of any other
treaty.
6. f) ICJ decisions (decisions of the International Court of Justice) – no stare decisis
rule (i.e.
court decisions are not legally binding for future decisions). The ICJ is not influenced
by national courts' decisions. It has great authority in the international community and
so has the decisions made by this Court.
7. g) Juristic writings - Article 38(1)(d) of the International Court of Justice Statute
states that the 'teachings of the most highly qualified publicists of the various nations
are also among the 'subsidiary means for the determination of the rules of law'.
11.2. International law Definition
1. 1) A set of legal norms that ensure the peaceful existence and continuous
development of the international community
2. 2) A set of legal norms that cover legal relationships in the international community
3. 3) International community = mostly States (ca. 200 States today), also international
(intergovernmental) organizations (more than 300)
1. a) Eg. United Nations, EU
2. b) But not Red Cross or Greenpeace (=NGOs)
11.3. Elements of IPL
1) Public = legal relationships between subjects of public law (states or intergovernmental
organisations)
2. 2) International = legal relationships beyond national dimension – they exceed
borders of one state („cross-border relations“)
3. 3) Law = set of legally binding rules (= legal norms)
11.4. Characteristic features
1. 1) Consent-based (the basis is mutual agreement of the subject who create rules of
conduct for themselves)
2. 2) Individual states may choose to not abide by international law, and even break a
treaty
3. 3) Violations of international law and especially of its mandatory norms (e.g.
immunity of the heads of states) can lead to wars
11.5. Differences from other areas of law
1. 1) No superiority of the legislative power
2. 2) No subordination of subjects
3. 3) No generally binding judicial power (judgements are not enforceable)
4. 4) No authority to execute sanctions following violations of IPL norms
11.6. Subjects of PIL (Nhi)
Subjects = to whom are its norms addressed
1. 1) States
 2. 2) International organizations (intergovernmental)
3. 3) Special subjects
a) Holy see of the Pope, Order of Knights of the Hospital of Saint John of Jerusalem (Maltese
order)
4. 4) Rebels against a state régime
5. a) Leading to forming a new state by separation from an existing state (e.g. PLO and
Palestina)
6. 5) Individuals (= natural persons)
a) International war crimes (representatives of regimes in post- Yugoslavian states)
11.7. The subjects of public international law (Jana)
1. 1) Legal personality – participation plus community acceptance. Wide range of
participants under international law. States, international organizations, regional
organizations, non-governmental organizations, public companies, private companies,
individuals. To those may be added groups engaging in international terrorism (ISIS –
The Islamic State of Iraq and Syria).
2. 2) States – despite the increasing range of actors and participants in the international
legal system, states remain by far the most important legal persons and despite the rise
of globalization, states retain their attraction as the primary focus for the social
activity of humankind and thus for international law.
3. 3) The fundamental rights of state – independence, equality, peaceful coexistence
4. 4) Protectorates and protected states (Nazi Germany; Treaty of Fez, 1912 over
Morocco – gave France the power to exercise certain sovereign powers on behalf of
Morocco, including all of its international relations - nevertheless, the ICJ emphasized
that Morocco had in the
circumstances of the case remained a sovereign state).
5. 5) Federal states – former Yugoslavia, Czechoslovakia, USSR. Switzerland –
individual cantons
can under Swiss constitutions conclude international treaties in their name (to an
extent). USA
– responsibility to conduct international relations lies solely on the Federal
Government.
6. 6) The right of all peoples to self-determination: appeared after WWI. In spite of
President Wilson's effort, it was not included in the League of Nations Covenant, and
it is clearly not regarded as a legal principle. However, its influences can be
determined in various instruments
of minority protection.
7. 7) Individuals – human rights. (Permanent Court of International Justice – not
subjects of PIL).
8. 8) International organizations – legal personality depends on particular circumstances
of the case.
Depends on constitutional status, actual powers, and practice. Significant factors –
capacity to enter into legal relations with states and other organizations – “indicia of
personality”.
11.8. International organizations
1. 1) Organisations established by States to promote their mutual relations
2. 2) Based on a treaty signed and ratified by founders
3. 3) First IO = Universal Postal Union (1874)
4. 4) United Nations
5. 5) World Trade Organization
6. 6) International Labour Organization
 7. 7) NATO
8. 8) European Union
9. 9) G7 and G20
11.9. United Nations
1. 1) Established in 1945
2. 2) Today 193 Member States
a) Special position have e.g. Vatican State - permanent observer state, Taiwan – excluded as
a state in 1971 but invited to all UN sessions
3. 3) The mission and work of the United Nations are guided by the purposes and
principles contained in its founding Charter
4. 4) Main institutions: General Assembly, Security Council, Economic and Social
Council
5. 5) Due to the powers vested in the UN- Charter and its unique international character,
the United Nations can take action on the issues confronting humanity in the 21st
century like
1. a) peace and security.
2. b) climate change.
3. c) sustainable development.
4. d) human rights.
5. e) Terrorism.
6. f) food production and more
6. 6) Forum for its members to express their views in the General Assembly, the
Security Council, the Economic and Social Council, and other bodies and committees.
7. 7) By enabling dialogue between its members, and by hosting negotiations, the
Organization has become a mechanism for governments to find areas of agreement
and solve problems together
11.10. World Trade Organisation
1. 1) Established in 1994
2. 2) Today 164 members
3. 3) The only global international organization dealing with the rules of trade between
nations
4. 4) Administers agreements signed by all WTO- the Member States imposing mutual
commitments for liberalisation of the world trade
5. 5) Roles of WTO
1. a) operates a global system of trade rules
2. b) acts as a forum for negotiating trade agreements
3. c) settles trade disputes between its members
4. d) supports the needs of developing countries.
6. 6) About 19 agreements were signed in 1994 in Doha
Most important :
1. 1) General Agreement on Tariffs and Trade (GATT) (for goods),
2. 2) General Agreement on Trade in Services (GATS).
3. 3) Trade-Related Aspects of Intellectual Property Rights (TRIPS),
4. 4) Dispute Settlement Understanding (DSU) – the mechanism for binding
settlement of disputes concerning the implementation of the agreements
11.11. Source of IPL
❖ Statute of the International Court of Justice (1946)
● ⮚ ▪The International Court of Justice (ICJ) is the principal judicial organ of the
United Nations (UN). It was established in June 1945 by the Charter of the United
Nations and began work in April 1946.
● ⮚ ▪The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six
principal organs of the United Nations, it is the only one not located in New York.
● ⮚ ▪The Court’s role is to settle, in accordance with international law, legal disputes
submitted to it by States and to give advisory opinions on legal questions referred to it
by authorized United Nations organs and specialized agencies.
● ⮚ ▪The Court is composed of 15 judges, who are elected for terms of office of nine
years by the United Nations General Assembly and the Security Council. It is assisted
by a Registry, its administrative organ. Its official languages are English and French.
● ⮚ ▪war is forbidden under international law (UN Charter) Article 38 (1): as sources
of IPL are
● ⮚ ▪International treaties
● Arrangement of two or more subjects of IPL, which have effects based on the
will
of these subjects and is governed by IPL“
● Pacta sund servanda – as we know it from civil law

● Today the most important source of IPL

● In treaties, states expressly formulate the obligations and voluntarily agree to
comply with them
● Treaties are based on the autonomy of the will

● Some rules are stated in the Vienna Convention on the Law of Treaties
● United Nations Charter - obligations under the UN Charter override the terms
of
any other treaty
● ⮚ ▪International customs

● ▪ ▪Unwritten rules

● ▪ ▪What is regularly and repeatedly done and generally agreed upon becomes
international
custom
● ▪ ▪Sellted by a long –term compliance in practice

● ▪ ▪Deciding on the content of international customs is one of the functions

and roles of
the International Court of Justice (ICJ)
● ⮚ ▪General principles of law
 ● ⮚ ▪Judicial decisions and the teachings of the most highly qualified publicists of the
various nations
11.12. Decisions of ICJ
❖ Decisions of the International Court of Justice in individual cases (disputes)

❖ ICJ decisions are not legally binding for decision-making in future cases (disputes) ❖ ICJ
is not influenced by national courts’ decisions
❖ It has great authority in the international community and so has its' decisions
11.13. International court system
❖ Peaceful settlement of disputes

● ⮚ ▪Diplomatic methods: negotiation, conciliation

● ⮚ ▪International institutions for dispute settlement

▪ UNCITRAL (legal body of the United Nations system in the field of international
trade law)
▪ Regional organizations - The African Union, The Arab League, The Organization
of American States, European Convention for the Peaceful Settlement of Disputes
❖ International court

● ⮚ ▪IPL has no established compulsory judicial system for the settlement of disputes or
a
coercive penal system
● ⮚ ▪judicial or quasi-judicial tribunals in IPL are created for certain areas such as trade
(WTO)
and human rights (International Criminal Court)
● ⮚ ▪Formation of the UN created a means for the world community to enforce
international
the law upon members that violate its charter through the Security Council.
❖ International Court of Justice

● ⮚ ▪Principal judicial organ of the United Nations

● ⮚ ▪Established in 1945 by the Charter of the United Nations, began work in 1946

● ⮚ ▪Seat of the Court is at the Peace Palace in The Hague (Netherlands)

● ⮚ ▪Settles, in accordance with international law, legal disputes submitted to it by

States
● ⮚ ▪Gives advisory opinions on legal questions referred to it by authorized United
Nations
organs and specialized agencies
11.14. Example of PIL areas of regulation
❖ Law of the sea

⮚ Internal and international waters, piracy, peaceful passage

⮚ Principle of the flag on ships (sovereignty of state)

⮚ Natural resources - exclusive economic zone of states (rights of mining, fishing)

⮚ Rights to explore seas (+ seabed) beyond exclusive economic zones – belong to all states

❖ International environment law

⮚ Transnational character, global issues ⮚ Liability for damage

⮚ Ozone depletion, global warming

❖ International humanitarian law

⮚ The Geneva Conventions (1949) ⮚ International customs

⮚ Law of refugees, rules for asylum

11.15. Relation to national law
- International law overrides the national framework.

12. European Law (EU History, Primary and Secondary

Law, EU Institutions).*
12.1. EU law
• EU law is a unique legal system that operates alongside the laws of EU member states.
•••
The EU is based on a series of treaties. These first established the European Community and
the EU and then made amendments to those founding treaties.
These are power-giving treaties that set broad policy goals and establish institutions with
the necessary legal powers to implement those goals.
Legal powers include the ability to enact legislation that can directly affect all member
states and their inhabitants.
12.2. Types of union law (Primary and secondary)
● Treaties – primary source of law
● Institutional acts – secondary sources of law
● Case law
 ❖ Trities – the primary source of law

● ⮚ ▪Primary legislation – treaties are effectively the constitutional EU law (treaties

mentioned
above)
● ⮚ ▪Fundamental rights: The treaties declare that the EU itself is "founded on the
values of
respect for human dignity, freedom, democracy, equality, the rule of law and respect
for human rights, including the rights of persons belonging to minorities ... in a
society in which pluralism, non-discrimination, tolerance, justice, solidarity and
equality between women and men prevail."
● ⮚ ▪In 2009, the Lisbon Treaty gave legal effect to the Charter of Fundamental Rights
of the European Union. The charter is a codified catalogue of fundamental rights
against which the EU's legal acts can be judged
● ⮚ ▪Signing the European Convention on Human Rights (ECHR) is a condition for EU
membership.
● ⮚ ▪Although, the EU is independent of the Council of Europe, they share purpose and
ideas especially on rule of law, human rights and democracy.
● ⮚ ▪Further European Convention on Human Rights and European Social Charter, the
source of the law of Charter of Fundamental Rights are created by the Council of
Europe.
● ⮚ ▪The EU also promoted human rights issues in the wider world.

● ⮚ ▪The EU opposes the death penalty and has proposed its worldwide abolition.

● ⮚ ▪Abolition of the death penalty is a condition for EU membership.

❖ Institutional acts – secondary sources of law

● ⮚ ▪The main legal acts of the EU come in three forms: regulations, directives,
decisions,
recommendations and opinions.
● ⮚ ▪Regulations, directives, and decisions are of equal legal value and apply without
any formal hierarchy.

Regulations:
● Regulations become law in all member states at the moment they come into force,

● without the requirement for any implementing measures,

● and automatically override conflicting domestic provisions
Directives:
● Directives require member states to achieve a certain result while leaving them
discretion as to how to achieve the result.
● The details of how they are to be implemented are left to member states.
● When the time limit for implementing directives passes, they may, under certain
conditions have a direct effect on national law against member states.
Decisions:
● Decisions offer an alternative to the regulations and directives.

● They are legal acts that only apply to specified individuals, companies or a
particular
member state.
● They are most often used in competition law, procedural or administrative matters
within the institutions.
Recommendations and Opinions:
● Non-binding acts

❖ Case law:

▪ The European Court of Justice and the Court of First Instance are empowered
to
define and interpret primary and secondary legislation.
▪ The courts' jurisprudence forms a substantive body of law, which binds EU
institutions and member states.
12.3. EU history
● is a political and economic union of 28 member states that are located primarily in
Europe.
● estimated population of over 510 million.

● The EU has developed an internal single market through a standardised system of

laws that apply in all member states.
● EU policies aim to ensure the free movement of people, goods, services, and capital
within the internal market, enact legislation in justice and home affairs,
● EU maintain common policies on trade, agriculture, fisheries, and regional
development.
● A monetary union was established in 1999 and came into full force in 2002, and is
composed of 19 EU member states which use the euro currency.
● The EU traces its origins from the European Coal and Steel Community (ECSC)
and the European Economic Community (EEC), established, respectively, by the
1951 Treaty of Paris and the 1957 Treaty of Rome.
● The original members of what came to be known as the European Communities
(Belgium, France, Italy, Luxembourg, the Netherlands and Germany). The
Communities and their successors have grown in size by the accession of new
member states and in power by the addition of policy areas to its remit.
● The Maastricht Treaty established the European Union in 1993 and introduced
European citizenship.
 ● The latest major amendment to the constitutional basis of the EU, the Treaty of
Lisbon, came into force in 2009.
12.4. EU institutions:
● The EU operates through a hybrid system of supranational and intergovernmental
decision-making.
● EU policy is in general promulgated by EU directives, which are then implemented in
the domestic legislation of its member states, and EU regulations, which are
immediately enforceable in all member states.
The EU's seven principal decision-making bodies—known as the Institutions of the
European Union are:
● the European Parliament, European Council,

● Council of the European Union, European Commission,

● Court of Justice of the European Union, European Central Bank and European Court
of Auditors.
1. 1) European Parliament (legislator):
1. based in and plenary sessions in Strasbourg primarily meets in Brussels
2. The 751 Members of the European Parliament (MEPs) are directly elected
by the EU
citizens every five years on the basis of proportional representation.
3. The President of the European Parliament carries out the role of speaker in
Parliament and represents it externally.
4. The President and Vice-Presidents are elected by MEPs every two and a
half
years.
2. Tasks:
3. ̈ passing of EU legislative acts (together with Council of ministers )

1. ̈ democratic supervision over the EU institutions

2. ̈ financial power (shares together with the Council the authority over the
budget)
4. 2) European Council
1. the summit of the Heads of state or government, the President of the
European
Council and the President of the European Commission.
2. gives the necessary political impetus to the development of the Union and
sets
its general objectives and priorities
3. does not legislate
4. based in Brussels
5. gives political direction to the EU.
6. It convenes at least four times a year.
7. It is actively involved in the negotiation of treaty changes and defines the
EU's
policy agenda and strategies.
8. The European Council uses its leadership role to sort out disputes between
member states and the institutions, and to resolve political crises and
 disagreements over controversial issues and policies.
9. It acts externally as a "collective head of state" and ratifies important
documents
(for example, international agreements and treaties).
Note: The European Council should not be mistaken for the Council of Europe, an
international organisation independent of the EU based in Strasbourg.
3) Council of the European Union
1. acts together with the Parliament as a legislature
2. shares with the Parliament the budgetary power
3. ensures coordination of the broad economic and social policy and sets out
guidelines for the Common Foreign and Security Policy (CFSP)
4. concludes international agreements
5. based in Brussels
6. The Council of the European Union (also called the "Council„ and the "Council of
Ministers", its former title) forms one half of the EU's legislature.
7. It consists of a government minister from each member state and meets in
different compositions depending on the policy area being addressed.
8. It is considered to be one single body.
9. In addition to its legislative functions, the Council also exercises executive
functions in relation to the Common Foreign and Security Policy.
4. 4) European Commission (executive)
1. is the executive body
2. submits proposals for new legislation to the Parliament and Council
3. implements policies
4. administers the budget
5. ensures compliance with European law ("guardian of the treaties")
6. negotiates international agreements
7. based in Brussels
8. The European Commission acts as the EU's executive arm and is responsible
for
initiating legislation and the day-to-day running of the EU.
9. It operates as a cabinet government, with a president, vice president
(appointed by EU council) and 26 Commissioners for different areas of
policy, one from each
member state.
10. Commissioners are bound to represent the interests of the EU as a whole
rather
then their home state.
5. 5) Court of Justice of the European Union
1. ensures the uniform application and interpretation of European law
2. has the power to decide legal disputes between member states, the
institutions,
businesses and individuals
3. based in Luxembourg
4. The judicial branch of the EU—formally called the Court of Justice of the
European
Union—consists of two courts: the Court of Justice and the General Court
5. The Court of Justice primarily deals with cases taken by member states,
the
institutions and cases referred to it by the courts of member states.
 6. The General Court mainly deals with cases taken by individuals and
companies directly before the EU's courts, and the European Union Civil
Service Tribunal adjudicates in disputes between the European Union and its
civil service. Decisions from the General Court can be appealed to the Court
of Justice but only
on a point of law.
6. 6) European Central Bank
a. forms together with the national central banks the European System of Central Banks and
thereby determines the monetary policy of the eurozone
2. ensures price stability in the eurozone by controlling the money supply
3. based in Frankfurt
7) European Court of Auditors
1. checks the proper implementation of the budget
2. based in Luxembourg

13. Labour Law (the Labour Code, Main Institutes of

Labour Law).***

● Regulated by Labour Code.

● Consists of two important institutions:

a) Employment relationship (between employer and employee).

b) Prohibition of discrimination

- A Labour contract is a kind of obligation between two different parties – employees

and employers.
- Both of them share particular rights, and what is more important, obligations
towards another party.

● Rights and obligations of employers

- Right to demand the amount of work produced and obligation to provide the work
agreed in the contract
- Right to deliver instructions to employees
- Obligation to pay wages for the work performed
 - Obligation to provide safe working conditions
- Obligation to collaborate with trade unions

● Rights and Obligations of employees

- Right and duty to work in accordance with labour conditions agreed in the contract
- Right to receive wages or salary for work done
- Right to have safe working conditions
- Obligation to follow employer’s instructions
- Right to take part in the employee’s decision-making (through trade unions)

● Labour contract

- Labour contract has to be concluded in the specific form prescribed by law (written),
otherwise, it is null and void.

Labour contract must have:

a) Type of work
b) Place of work (city or any other place)
c) The day of work initialization

However, there are additional points that might be also included, but it primarily depends on
parties, whether to include it or not.

These are:

aa) Trial
bb) Other working conditions

● Labour contract can also contain:

a) Period of the duration of the labour relationship – we can define between long-term
and short-term contracts. In the Czech Republic, when a long-term contract is consecutively
prolonged for 3 years in a row, the contract becomes indefinite.
b) Shorter working time - part-time, for instance.
c) Conditions of remuneration.

● Termination of labour relationship

1) Death
2) Lapse of the contract duration
3) Decision of state authority (the contract was concluded against the law)
4) Agreement in a) Written form with b) Agreed day of termination, and c) Reasons for
termination.
5) Notice of termination (with termination period) – employee, employer and general
conditions, which are: written form, delivered to the other party and notice period of 2
months.

● Special provisions
- Some contracts might become null and void if they are concluded against the law like
for example agreeing on a contract with a minor for a full-time job. Each labour
contract is subject to the Labour Code, which consists of provisions and rules on how
such contracts can be concluded, as well as conditions to represent a particular party
of labour relations.
- Employees, according to Czech Law, cannot work more than 40 hours weekly.

● Children and Labour contract

- In the Czech Republic, minors cannot work as full-time employees

However, they can work, but there is a special condition for it:

- Children in the Czech Republic can work on the conditions that the working activity
does not interfere with their primary education (children study in schools and work
as a secondary activity). However, the number of hours cannot exceed a particular
limit (2 hours during the day when there are ongoing studies and 12 hours per week
in total).
- Children can become subjects to labour relationships starting from the age of 15.
 14. Private Law (Means, Purpose, Principles, Institutes,
Area of Law).
14.1. Means and purpose
• Section 1 (1) of the Civil Code:
The provisions of the legal order governing the mutual rights and duties of persons together
constitute private law.
● No subordination between subjects – all subjects are equal

● Purpose of private law: to protect private interests

● Private law legal relationships are based on a consensus
● Decisions about rights and duties of the subjects of private law are made by an
authority (court)
● The subject has a right to enforce its rights – not a duty
14.2. Principles of private law
Why do we need principles?
● Legislation cannot take into account all possible situations that might arise in real life.

● Principles allow proper interpretation of legislation.

1) Good morality
a) The leading principle of private law
i) Example: “If the enriched person acquires the subject of unjust enrichment in good faith or
without his consent, and if its restitution is not reasonably possible, he is not obliged to
provide compensation, unless this would result in a situation in clear conflict with good
morals.” (The Civil Code, section 3001, paragraph 2, official translation)
2) Good faith
a) Good faith is presumed in private law.
i) Example: “If one of the parents himself performs acts in a matter of the child with respect
to a third person who acts in good faith, he is presumed to be acting with the consent of the
other parent” (The Civil Code, section 876, paragraph 3, official translation).
3) Other principles of private law: a)
1. a) everyone has the right to protect his/her life and health, as well as freedom,
honour, dignity
and privacy
2. b) family, parenthood and marriage enjoy special statutory protection
3. c) no one may sustain unjustified harm due to insufficient age, mental capacity or
dependency; however, no one may unreasonably benefit from his/her own inability to
the
detriment of others
4. d) a promise is binding and contracts are to be executed
5. e) right of ownership is protected by statutes, and only a statute can prescribe how the
right
of ownership is created and extinguished
6. f) no one may be denied what he/she is rightfully entitled to
14.3. Institutes of private law
Legal institutes are important concepts and phenomena. A compendium of legal norms
regulates a particular phenomenon.
● Juridical acts

● Things
● Persons
● Representation
● Corporations and entrepreneurship
1) Juridical acts
Juridical acts are actions that produce legal consequences.
● Examples of juridical acts:

● Concluding a contract
● Returning a debt
● Completing an order
● Missing a deadline with completing an order.
● Forms of juridical acts:
● Some juridical acts are only valid if they are performed in a form prescribed by law.
● Example: Immovable property can only be sold through a written contract confirmed
by a notary public.

2) Persons

There are two types of persons recognized by civil law.

• Natural persons (individuals)

• Corporations Legal capacity

Age - Sanity – Marriage – Disrupted legal capacity – Incapacity, limited legal capacity -
Assistance in decision-making - Representation by a household member - Presumption of
death

3) Personality rights:

• Image

• Privacy; Innate natural rights, Limitations Legal persons:

Register of legal persons
Name - Registered office - Creation and incorporation (legal acts)

4) Things
"A thing in a legal sense; is everything that is different from a person and serves the needs of
people." Ex: Fruits, revenues, the value of a thing - Corporeal and incorporeal - Movable and
immovable - Controllable forces of nature - Fungible, consumable, collective.
Note: Human body parts are not regarded as things
Animals are considered as things by analogy, as far as this makes sense

15. The New Civil Code (Structure, Area of Regulation,

Novelty).

● Act no. 89/2012 Sb.

● Valid since 22.3.2012, effective since 1.1.2014
 ● Based especially on the Austro-Hungarian Civil Code of 1811
ABGB = Allgemeines bürgerliches Gesetzbuch
● In principles based on ius privatum – Roman law

● Replaced previous Civil Code from 1964 (communist inheritance)

● Before it was adopted, we had multiple acts governing civil law – it caused confusion
● Now all private law is included in one piece of legislation (which makes it very long)
● All related institutes are grouped together and ordered logically from the simplest one
to the most complex one
● Contains 3081 Sections divided into Books, Chapters, Divisions and Subdivisions
1. 15.1. Area of regulation private law in NCC
1. 1) General provisions
2. 2) Family law
3. 3) Absolute property rights and Inheritance
4. 4) Relative property rights
2. 15.2. Principle of private law
1) Basic principles of private law
a. MORALITY (honesty, rightfulness, good manners, good morals)
2) Other principles
a. Nobody should be harmed without reason

15.3.
b. c. d.
Everybody should receive what is his/her Protection of good faith (which is presumed)
Avoidance of strict formalism
Family law:
● Marriage (civil or church wedding)
● Matrimonial property law (community property)
● Divorce
● Family relationship (parenthood, maternity, paternity, adoption, parental
responsibility,
duty to name a child – given name and surname)
● In-law relationship

● Duty to maintain and support (ancestors and descendants have a mutual duty to
maintain
and support)
15.4. Inheritance:
● Decendents' estate (consists of entire assets and liabilities including debts)
● Heir (a person holding succession right)
● Succession right (right to a decendents' estate or its proportional share - inheritance)
● Testament, inheritance contract or by means of the statute – inheriting take place on
the basis of these legal titles
 ● Legacy (inheritance)
● Incapacity to inherit
● Disinheritance (Section 1646)
15.5. Absolute property rights
"Absolute property rights are effective against everyone unless otherwise provided by a
statute." (Section 976).
1. 1) Title II – Rights in rem (property rights)
● Possession, Ownership, Co-ownership

● Property rights to things of others

● Right of use of habitation
● Trust
2. 2) Title III – Law of succession
• Testament, Inheritance contract, Statutory succession
15.6. Relative property rights
“Under an obligation, a creditor has the right to a particular performance as a claim from
the debtor, and the debtor has the duty to satisfy that right by discharging the debt.”
(Section 1721)
● An obligation is a legal relationship between creditor and debtor based predominantly
on the contract.
● Conclusion of a contract

● ⮚ ▪Offer – the proposal to conclude a contract

● ⮚ ▪Acceptance – the offeree accepts an offer if he indicates consent to it in relation to

the offer
(NHI):
1. 1) Title I – General provisions on obligations
1. a) Contract, Content of obligations, Special rules on contracts with a
consumer
2. b) Securing and corroboration of debts
2. 2) Title II – Obligations arising from a juridical act
1. a) Donation, Purchase, Exchange
2. b) Loan, Lease, Licence, Credit
3. c) Employment
3. 3) Title II – Obligations arising from a juridical act
1. a) A work
2. b) Health care
3. c) Partnerships
4. d) Obligations arising from aleatory contracts
i) Insurance
ii) Bets, Games and lot-drawing
4. 4) Title III – Obligations arising from torts
1. a) Compensation for harm
2. b) Abuse and restriction of competition
5. 5) Title IV – Obligations arising from other legal causes
a) Unjust enrichment
15.7. Form Legal institutes (general provision)
• Juridical acts • Things

• Persons

• Representation

• Corporations and entrepreneurship

❖ Representation
"Legal representation and guardianship aim to protect the interests of the person represented
and the fulfilment of his rights." (Section 457)
⮚ Individuals

⮚ Legal persons

16. Family Law – Civil Law (Legislative Treatment,

Institutes, Area of Regulation).**

1. 16.1. Family law includes

1. 1) Marriage
2. 2) Family and in-law relationships
3. 3) Parenthood
4. 4) Adoption
5. 5) Naming a child
6. 6) Child care
7. 7) Divorce
2. 16.2. Principle
1. 1) child's welfare
1. a) the most important basic principle, „Leitmotiv" of family law which always
takes into account the best interests of the child
2. b) belongs to all children regardless of whether born in marriage or outside
2. 2) equality
a) equality between men and women in marriage, their mutual obligations and rights
and rights to the same standard of living of both spouses and children
3. 3) solidarity
4. a) all family members help each other according to individual abilities and
capabilities of
each.
16.3. Marriage
Marriage is a permanent union of a man and a woman formed in a manner provided by this
Act. The primary purpose of marriage is the foundation of a family, proper upbringing of
children and mutual support and assistance.
16.4. Formation of marriage
Marriage is formed by free and full affirmative expressions of will by a man and woman
(hereinafter “fiancés”) having an intention to enter into marriage.

16.5. Marriage ceremony

A wedding ceremony is public and festive; it is held in the presence of two witnesses.
16.6. Civil and religious ceremony
Where fiancés express their will to enter into marriage in person before a public body
performing the wedding ceremony in the presence of a registrar, it is a civil wedding. Where
fiancés express their will to enter into marriage in person before a body of a church or
religious society authorised to do so under another legal regulation (hereinafter an
“authorised church”), it is a church wedding.
16.7. Surnames of married people
During a wedding ceremony, fiancés shall declare that:
a) the surname of one of them will be their common surname,.
b) they will both keep their respective surnames, or
c) the surname of one of them will be their common surname, and the person whose surname
is not to become the common surname will add his existing surname after the common
surname as his second surname.
16.8. Surnames of children
If fiancés keep their existing surnames, they shall also declare at the wedding ceremony
which of their surnames is to become the surname of their common children.
16.9. Surnames – change
If spouses have kept their existing surnames, they may, even later, declare before a public
body that they have agreed on a common surname of one of them.
16.10. Place of civil wedding
In the case of a civil wedding, a wedding ceremony is held at a place designated by the public
body performing the wedding ceremony, while also considering the will of the fiancés.
16.11. Place of religious wedding
In the case of a church wedding, a wedding ceremony is held at a place designated by the
internal regulations of the authorized church.
16.12. Legal obstacles to the conclusion of marriage
1) Bigamy,
a) i.e. the existence of another lasting marriage
b) similar in legal orders of both Civil law and Common law
2. 2) Minority
1. a) marriage only upon completion of 18 years age
2. b) court of justice may authorize for a minor over 16 years of age
3. 3) Insanity
a) if sanity is restricted by the court of justice for these legal acts.
4) Close relationship
a) between ancestors and descendants, among siblings
Note: 1) Absolute impediments: Marriage may not be entered into by:
1. Legal capacity (sanity, age)
2. Bigamy
3. a person who has previously entered into marriage or
4. a person who has previously entered into a registered partnership or
5. another similar union abroad
6. while this marriage, registered partnership or other similar union entered into
 abroad still lasts.
2) Relative impediments:
16.13.
a. b.
Siblings, ancestors and descendants, analogical relations created by adoption Foster parents
and children, tutor and tutee
Ostensible marriage
Serious lacking in the wedding ceremony
16.14. Invalid marriage
Will expressed under duress or threat of violence ❖ Bigamy

❖ Ancestors, descendants, siblings

16.15. Rights and duties of spouses
❖ Spouses have equal rights and duties.

❖ Spouses are obliged to respect each other, they are obliged to live together, be faithful to
each
other, respect each other's dignity, support each other, maintain the family community, create
a healthy family environment and jointly care for children.
16.16. Rights and obligations in marriage
❖ A spouse has the right to be given, by the other spouse, information on his income and
amount of his assets and liabilities, as well as on his existing and planned work, study and
similar activities.
❖ When choosing his work, study and similar activities, a spouse shall take into account the
interests of the family, the other spouse and a minor child who has not yet acquired full legal
capacity and lives in the family household with the spouses, and the interests of other family
members, where applicable.
16.17. Mutual representation of spouses
A spouse has the right to represent the other spouse in usual matters.
16.18. Matrimonial property law
What belongs to spouses, has property value and is not excluded from the legal relations
forms part of the community property of the spouses (hereinafter “community property”).
This does not apply if community property is extinguished by means of a statute during the
marriage.
16.19. Statutory régime
Community property includes what was acquired during the marriage by one of the spouses
individually or both spouses jointly, except for what:
1. 1) serves the personal needs of one of the spouses.
2. 2) was acquired as a gift, inheritance or legacy by only one of the spouses, unless the
donor
in the donation or decedent in the disposition mortis causa expressed a different
intention.
3. 3) was acquired by one of the spouses as compensation for non-pecuniary harm to his
natural rights. was acquired by one of the spouses by a juridical act relating to his
separate property.
 4. 4) was acquired by one of the spouses as compensation for damage, destruction or
loss of his
separate property.
16.20. Debts in community property
Community property includes debts assumed during the marriage, unless:
1. 1) they relate to property that belongs exclusively to one spouse, to the extent which
exceeds the
profits from such property, or
2. 2) they were assumed by only one spouse without the consent of the other except for
debts
incurred to provide for every day or usual needs of the family.
16.21. Contractual regime
Fiancés and spouses may agree on a matrimonial property regime different from the statutory
regime. If a contractual regime has been agreed by spouses, they typically provide for their
rights and duties relating to existing community property. If a contractual regime has been
agreed as retroactive, it is disregarded.
16.22. Special provisions against domestic violence
If further cohabitation of spouses in a building or an apartment in which the family household
is located becomes unbearable for one of the spouses due to physical or mental violence
committed against him or another person living with the spouses in the family household, a
court may, on the application of the affected spouse, limit or even exclude the right of the
other spouse to reside in the building or apartment for a determined period.
16.23. Termination of marriage
Divorce
Death (X invalid or ostensible marriage)
16.24. Divorce
A marriage may be divorced if the married life of the spouses has deeply, permanently and
irreversibly broken down and its restoration cannot be expected.
16.25. Obstacles to divorce
Even where the married life of the spouses has broken down, a marriage may not be divorced
if the divorce is contrary to:
1. 1) the interest of a minor child of the spouses.
2. 2) the interest of the spouse who has not predominantly contributed to the breakdown
by
breaching marital duties and who would incur particularly serious harm; extraordinary
circumstances are an indication in favour of preserving the marriage unless the
spouses have not lived together for at least three years.
26. 16.26. Consequences of termination of the marriage
1. 1) Surname of a divorced spouse
2. 2) Maintenance and support of a divorced spouse
3. 3) Property rights and duties upon the termination of marriage
4. 4) Housing after the termination of the marriage
27. 16.27. Family relationship
A family relationship is a relationship between persons based on consanguinity or adoption.
(1) Persons are relatives in direct line if one is a descendant of the other. (2) Persons are
relatives in collateral line if they have a common
ancestor, but one is not a descendant of the other.
16.28. Degree of relation
The degree of relationship between two persons is determined by the number of births which
are between them if one is a descendant of the other in a direct line, and which are between
both persons and their closest common ancestor in the collateral line.
16.29. In-law relationship
Upon the formation of marriage, an in-law relationship is created between one spouse and the
relatives of the other spouse; the line and degree of the relationship of a person to one spouse
determine the line and degree of his in-law relationship to the other spouse. If a marriage
terminates by the death of a spouse, the in-law relationship shall remain unaffected.
16.30. Determination of parenthood
Maternity Paternity
16.31. Parents and children
Parents and their children have rights and duties towards each other. They may not waive
these mutual rights and duties; if they do so, it is disregarded.
16.32. Given name and surname of a child
A child has the surname determined upon entry into marriage for the common children of the
spouses.
❖ If only one of the parents is known, the child has his surname.

❖ That parent shall also determine the child's given name; otherwise, it is determined
by a court.
16.33. Other forms of care
Tutorship • Guardianship • Foster care • Adoption 1) foster care
a) state-organized and facilitated education in families or in establishments designated for
that purpose
2) adoption
(1) institute whose aim is to create the most suitable conditions for raising a child who can
not live with and be educated by biological parents
b) Types of adoption i) irrevocable
ii) ordinary (revocable)
16.34. Registered Partnerships
1. 1) Conditions :
1. a) At least one of the partners must be a citizen of the Czech Republic,
2. b) Both partners must have full legal capacity,
3. c) Partners may not be related in a straight line or be siblings;
4. d) At the time of the establishment of the partnership the partners may not be
bound by any other lasting partnership
2. 2) Concept of joint property does ́t apply
 17. Property Law (Absolute Property right).**

17.1. Absolute property right

1) are effective against everyone, unless otherwise provided by a statute. 2) No one may not
disrupt the exercise of your absolute property rights.
17.2. Right in rem
1. Ownership
Everything that belongs to someone, all his corporeal and incorporeal things constitute the
person’s ownership.
Content of the right of ownership
● Right of use - ius utendi
● Right of dispose - ius disponendi
● Right of enjoy (usufruct) - ius fruendi
● Right of possession - ius possidendi
Right among neighbours- Limitation of the right of ownership
Emissions:
An owner shall refrain from anything that would cause waste, water, smoke, dust, gas,
odour, light, shadow, noise, vibration and other similar effects (emission) to infiltrate the
tract of land of another owner (neighbour) to the extent disproportionate to the local
circumstances and substantially restrict normal use of the tract of land; this also applies to
animals entering the tract of land of another.
● If a movable thing of another appears on the tract of land, the owner of the tract of land shall,
without undue delay, surrender the thing to its owner or to the person who had the
possession of the thing;
● otherwise, the owner of the tract of land shall allow the owner of the thing to enter his tract
of land, find the thing and take it away.
● Likewise, an owner may pursue a bred animal or a swarm of bees on the tract of land of
another;
● The fruits fall from trees and shrubs onto the neighbouring tract of land belonging to the
owner
of the neighbouring tract of land.
If within a reasonable period after being asked by a neighbour, an owner fails to remove the
roots or branches of a tree extending over to the neighbour’s tract of land, the neighbour
may do so in a careful manner and at an appropriate time of year if such roots or branches
cause damage or other difficulties to the neighbour.
• Owner of a tract of land may require a neighbour to refrain from planting trees near the
common border of the tracts of land and to remove them where the neighbour has already
planted the trees or where already has let them grow.
• The permitted distance from the common border of the tracts of land is 3 metres for trees
typically growing up to a height exceeding 3 metres, and 1.5 metres for other trees.
• An owner of a tract of land has the right to require a neighbour to alter a structure on the
neighbouring tract of land so that the structure does not allow water to flow down, and
snow and ice to fall on, the owner’s tract of land.
• An owner shall allow a neighbour to enter the former’s tract of land at the time, to the extent
and in the manner which is necessary for the maintenance of the neighbouring tract of land,
unless this purpose may be achieved otherwise; however, the neighbour shall compensate the
owner of the tract of land for the resulting damage.
In an emergency situation or urgent public interest, an owner’s thing may be used for the
period and to the extent necessary if the purpose cannot be achieved otherwise.
Acquisition of the right of ownership
● Appropriation and discovery
● Natural accession
● Artificial accession
● Acquisitive prescription
● Transfer of the right of ownership
● Acquisition of the right of ownership by a decision of a public body
Appropriation
● A thing that belongs to no one may be appropriated by anyone unless it is prohibited by a
statute or another's right to appropriate the thing.
● A movable thing abandoned by its owner due to his unwillingness to possess it as his own
belongs to no one.
● An abandoned immovable thing passes into the ownership of the state.
● A movable thing can be appropriate after three years when it was abandoned.
● An immovable thing can be appropriate after ten years when it was abandoned.
Discovery
● Everyone is presumed to wish to keep his ownership and a discovered thing is presumed
not to be abandoned.
● A person who finds a thing may not automatically consider it abandoned and appropriate
it.
● A discoverer shall return a lost thing to the person who lost it or to the owner against a
payment
 of the necessary costs and a discoverer’s fee (1/10 of the price of the discovery)
● If circumstances make it impossible to identify the person to whom a thing is to be returned
and the thing is not considered abandoned, the discoverer shall notify the discovery to the
municipality in whose territory the thing has been found.
● If three years have elapsed the discoverer or municipality shall acquire the right of ownership
in the thing.
Natural accession Immovable things
• Fruits that the tract of land provides by itself without cultivation belong to the owner of
the tract of land. The same applies by analogy to the natural fruits of other immovable
things.
Movable things
• Natural accession to a movable thing belongs to its owner
Acquisitive prescription
● If a possessor in good faith has had the right of ownership for the specified period, he
acquires it by prescription and acquires the thing into ownership.
● Acquisitive prescription requires genuine possession and possession based on a legal
cause which would suffice for the creation of the right of ownership if it were vested in the
transferor or created by an authorised person.
● Uninterrupted possession lasting three years is required for the acquisition of the right of
ownership in a movable thing by prescription.
● Uninterrupted possession lasting ten years is required for the acquisition of the right of
ownership in an immovable thing by prescription.
Transfer of the right of ownership
● The right of ownership in a thing specified individually is transferred by the contract itself
upon its effective date unless otherwise stipulated or provided by a statute.
● Where the right of ownership in an immovable thing registered in a public register is
transferred, the ownership of the thing is acquired upon the registration in such a register.
Acquisition of the right of ownership by a decision of a public body
● The right of ownership is acquired by the decision of a court or another public body on the
date which is indicated therein.
● In the absence of such a date in the decision, the right of ownership is acquired on the date on
which the decision becomes final and absolute.
2. Co-ownership
- Persons who have joint right of ownership in a thing are co-owners.
- With respect to the thing as a whole, co-owners are considered and dispose of the thing as a
single person.
- Each co-owner has the right to the entire thing. This right is limited by the same right of
each of the other co-owners.
- Each of the co-owners is the full owner of his share
3. Rights in rem in things of others
• Right of superficies
- The right of superficies is an immovable thing.
- A tract of land may be encumbered with another person’s (a builder’s) right in rem entitling
the person to have a structure on the surface or below the surface of the tract of land.
- The right of superficies may only be created as a temporary right; it may not be created for
more than 99 years.
• Easements
Servitudes
- A thing may be encumbered with a servitude, which affects the owner of the thing as a
right in rem in a way that he has to tolerate or abstain from doing something in favour of
another.
A servitude is acquired:
- by contract,
- by disposition mortis causa or
- by acquisitive prescription for the period required to acquire by prescription the right of
ownership in the thing which is to be encumbered with a servitude
- on the basis of a statute or
- by a decision of a public body in cases provided by law. Real burdens
- If a thing is registered in a public register, it may be encumbered with a real burden so that
the temporary owner of the thing is obliged as a debtor to the entitled person to provide
something to or do something for such a person.
Eg.: Obligations arising from contracts for the provision for life - Reserved rights of
enjoyment
• Pledge
When a debt is secured by a pledge, the creditor becomes entitled to satisfy his claims from
the proceeds gained from the sale of the pledged thing up to the stipulated amount if the
debtor fails to discharge the debt properly and in due time.
A pledge is established by a pledge agreement.
Eg.: agreement of mortgage loan • Retention right
- A person obliged to surrender a movable thing of another which he has in his possession
may choose to retain it to secure a debt due by the person to whom he would otherwise be
required to surrender such a thing.
- A creditor is obliged to administer the retained thing with due managerial care and is
entitled to be reimbursed for the costs by the debtor
17.3. Law of succession
● Succession right is a right to a decedent’s estate or a proportional share thereof.
● A person holding a succession right is an heir.
● The decedent's estate in relation to an heir is his inheritance.
1) Descendent's estate
● A decedent’s estate consists of the entire assets and liabilities of a decedent except
for the rights and duties exclusively bound to him personally.
● Inheritance may content assets and liabilities.
2) Reservation as to estate inventory
● is a legal institute to protect heir‘s property.

● An heir has the right to reserve estate inventory if he does so within one month from
the day on which a court informed him of this right.
● If an heir has made a reservation as to estate inventory, he shall pay the decedent’s
debts up to the price of the acquired inheritance.
● If an heir has not made a reservation as to estate inventory, he shall pay the
decedent’s debts in full.
3) Hier
A person holding a succession right is an heir.
 ● Individual (natural person) or
● Legal person
● which have legal personality.
4) Incapacity to inherit
A person is excluded from his succession right if he commits:
● an act having the nature of an intentional criminal offence against the decedent, his
ancestor, descendant or spouse, or
● a despicable act against the decedent’s last will (especially by forcing or deceitfully
seducing the decedent to express his last will, frustrating his expression of last will, or
concealing, falsifying, forging or intentionally destroying his testament)
unless he was expressly forgiven for such an act by the decedent.
5) Forced heir
● A forced heir is entitled to a forced share of the decedent’s estate.

● Forced heirs include the decedent’s children and if they do not inherit, their
descendants.
● If a forced heir is a minor, he must inherit at least three-quarters of his statutory
inheritance share.
● If a forced heir is an adult, he must inherit at least a quarter of his statutory
inheritance share.
6) Disinheritance
A decedent may disinherit a forced heir who:
a) failed to provide him with the necessary assistance at a time of need,
b) fails to show such genuine interest in the decedent as he should,
c) has been convicted of a criminal offence committed under circumstances that
indicate his perverse nature, or
d) permanently leads a dissolute life.
Heir
An heir has a right to:
● Renounce a succession right

● Refuse an inheritance
● Waive an inheritance
Renounce a succession right
● A succession right may be renounced in advance by a contract with the
decedent;
● The agreement must be in the form of a public instrument
Refuse an inheritance
● An heir has the right to refuse inheritance after the decedent’s death

● If a forced heir refuses the inheritance, he may do so with the reservation of

the forced share
● Inheritance may be refused within one month from the date on which a court notified
an heir of his right to refuse inheritance and the consequences of refusal
 ● Refusal of inheritance by an heir with a condition, reservation or only in part shall
render such a refusal of inheritance invalid.
Waive an inheritance
An heir who has not refused inheritance may waive it before a court in succession
proceedings in favour of another heir. Escheat - no heir
● Where no heir inherits the inheritance shall devolve to the State, and the State is
considered to be the statutory heir.
● The State does not have the right to refuse the inheritance. Legal titles of inheriting

● Inheriting takes place on the basis of:

an inheritance contract, testament or

by means of a statute.
These reasons may also operate together
Dispositions mortis causa
• A disposition mortis causa is juridicial act of a decendent. Disposition mortis causa is:
● a testament (unilateral juridical act) or

● inheritance contract (bilateral contract)

Inheritance contract
● Disposition of the entire decedent’s estate is not allowed under an inheritance
contract.
● A quarter of the decedent’s estate must remain vacant.

● An inheritance contract does not prevent the decedent from disposing of his property
at will while he is alive. (Remember! Right of use, dispose of, enjoy (usufruct) and
right of possession)
Testament
● Unilateral juridicial act of a decendant.

● A testament is a revocable expression of will whereby a decedent personally leaves

to one or several persons at least a share in his decedent’s estate to be received upon
his death.
Invalid of testament
The testament is invalid:
● if the day, month and year the testament was made is not clear and

● if the decedent made several contradictory testaments,

● If there is a substantial error of a decedent (if it concerns a person to whom a thing
is left by a decedent or a share or thing left to a person by a decedent)
● If there is no legal capacity of a descendent

● If is not in relevant written form A testament must be in written form Types of

testaments
● form of a public instrument (notarial deed)
- This form is suitable for everyone and also for
 - a person who has reached the age of fifteen and has not yet acquired full legal
capacity. This person (minor) may make dispositions mortis causa in the form of a
public instrument without the consent of a legal representative.
● holographic testament
-A person who wishes to make dispositions mortis causa in writing without witnesses
shall write and sign the entire testament with his own hand.
Characteristics of this type of testament: -Without witnesses
-Written and signed by his own hand
● allographic testament
- If a decedent has not written the testament by his own hand, he must sign it by his
own hand and at the same time expressly declare before two witnesses that the
instrument contains his last will.
Characteristics of this type of testament: sign by his own hand before two witnesses
Witnesses to a testament
● A witness is an individual who has already reached full legal capacity.

● Witnesses are present during the making of a testament in such a manner that they
are able to confirm that the decedent and the person making the testament are
one and the same person
Incapacity to be a witness of a testament
A witness may not be:
● a person lacking legal capacity

● an heir
● a close person of the heir
● or an employee of the heir
Heirs by the status – lineage First class of heirs
● The decedent’s children and spouse inherit in the first class of heirs, each of them
equally.
● If any of the children do not inherit, his share is acquired equally by his children; the
same applies to more distant descendants of the same ancestor.
The second class of heirs
● If the decedent’s descendants do not inherit, the second-class heirs include the spouse,
the decedent’s parents and those who lived with the decedent in the common
household for at least one year before his death and, as a result, cared for the
common household or were dependent in maintenance on the decedent.
● Second class heirs inherit equally; however, the spouse shall always inherit at least
half of the decedent’s estate.
The third class of heirs
● If neither the spouse nor any of the parents inherit, the decedent’s siblings and those
who lived with the decedent in the common household for at least one year before
his death and, as a result, cared for the common household or were dependent on
maintenance on the decedent, inherit in the third class of heirs equally.
● If one of the decedent’s siblings does not inherit, his share of inheritance is acquired
by his children equally.
 The fourth class of heirs
• If no heir inherits in the third class, the decedent’s grandparents inherit in the fourth class
equally.
The fifth class of heirs
● If none of the fourth-class heirs inherits, only the grandparents of the decedent’s
parents inherit in the fifth class. The grandparents of the decedent's father are entitled
to half of the inheritance, the grandparents of the decedent's mother to the other half.
Both couples of grandparents shall equally divide between them the half to which
they are entitled.
● If one of the grandparents from a couple does not inherit, the vacant eighth shall
devolve to the other grandparent. If a couple does not inherit, the quarter shall devolve
to the other couple from the same side. If none of the couples from the same side
inherits, the inheritance shall devolve to the couples from the other side in the same
proportion as they divide the half of the inheritance to which they are entitled directly.
The sixth class of heirs
● If none of the fifth-class heirs inherits, the sixth class of heirs shall include the
children of the decedent’s siblings’ children and the children of the decedent’s
grandparents, each of them equally.
● If any of the children of the decedent's grandparents do not inherit, his children shall
inherit.

18. Contract Law (Relative Property Right) (Contract

Parties, Entitlements and Obligations, Types of
Contract).***

● Contract – a form of obligation towards another party. We can distinguish various

types of contracts depending on the subjects, structure, and object.
However, there are specific forms of contracts depending on the way that they are
created:
a) Written contracts (acquisition)
b) Oral contracts (when buying something over the country)
c) Implicit contracts (contracts which are usually expressed by the amount of
service/labour supplied, employee and employer, for example)

● Contracts belong to the bilateral kind of legal transactions (contract concluded

between two parties.
 ● Legal transactions can be:

a) Unliteral (only one party)

b) Bilateral (two parties)
c) Multilateral (many parties)

-Particular types of contracts prescribe a specific form, otherwise, such a contract is null
and void (acquisition contract).

In each contract, there are parties involved, contracts also differ according to parties
and the obligation towards those parties.

We can distinguish between particular types of contracts which are:

1. Purchase contract – seller and purchaser.

2. Lease contract – lessor and lessee. (Rental)
3. Donation contract – donor and successor.
4. Credit contract – credit and debtor. (Private borrowing)
5. Loan contract – credit and debtor. (Bank loan).
6. Contract of mandate – legal acts on the behalf of the mandator, mandatary and
mandator.
7. Commission agents – commission agents and principles. Representing a
company under his name.
8. Commercial representation (principle and commercial representative), long-
term activity on the behalf of a principal.
9. Labour contract – employee and employer.

19. Responsibility under Private Law

f) Whenever particular conduct is not followed by a subject of private law, or a subject

violates the rights/property of another individual, he will have consequences, which
are also considered to be liabilities or responsibilities.

● There are two primary types of violations in Private Law.

● Active – doing something against another individual (like damaging someone else’s
car).
● Passive – not doing something that you were supposed to (like telling about a
particular defect while selling a product)
g) The functions behind those responsibilities/consequences/liabilities can be
divided into specific kinds:

a) Reparation (compensation) – damaging a car and repaying the service fee.

b) Satisfactory (immaterial harm) – repaying the amount which is believed to mend a
wound.
c) Repressive – punishment.
d) Preventive – to make people refrain from doing something again.

h) Types of contractual responsibilities:

a) Contractual (voluntary commitment) – for delays and defects.

b) Extracontractual - for damage, immaterial harm, and unjust enrichment.

Types of liabilities

a) Liability for damage – (pecuniary – material damage, and non-pecuniary – non-

material damage). This is a result of breaching of obligations, damages occurred and
causalities. The most typical type of compensation – money. The reasons why
somebody can avoid this liability are extreme emergencies, self-defence and
exculpation.

b) Liability for unjust enrichment – (performance on no legal cause, unlawful use of

the value of another, performance by another person instead of a debtor).
Compensation – turning over what was obtained or a compensation.

c) Liability for default – (default of monetary debt and default of non-monetary

debt) – Compensation.

d) Liability for defects

e) Disciplinary liability
 20. Human Rights

i) Human Rights are rights that are given to each human, and no one can be deprived of
those rights. For example, those rights include the right of free movement, right of
free speech, right to study and express yourself and so forth.

j) Those rights were stated in the Universal Declaration of Human Rights created by
the United Nations in 1948, so it is considered to be the primary source of Human
Rights which must be followed by every member state of the United Nations.

k) Before the Universal Declaration, the organization called the League of Nations
(proto-United nations) created its own declaration, but it was not accepted by all
 nations at the time. Then, the Second World War broke out and upon its end, there
was a need to avoid such atrocities in the future. Thus, the Universal Declaration on
Human Rights was created.

l) Afterwards, specific corrections and additions were made to the Declaration covering
Political rights (1966) and then Social, Economic and Cultural ones.

m) The idea of human rights is based on liberty, free speech, free movement and
basically, the concept of human rights has first seen the light due to French thinkers
and Philosophers, who were trying to encourage each state to respect its citizens.

● Human Rights are included in the Czech Charter on Fundamental Human

Rights and Provisions, constitutional act no. 2 of 1993.
● Czech Republic also follows the Universal Declaration.

● Categorization of Human Rights

n) Human rights can be categorized according to subjects (Rights of Children and

Rights of All Humans), according to its scope/context (Political, Social and Cultural).

For each domain of Human Rights, there is special legislation/declaration. For example, the
Convention on the Rights of a child was accepted in 1989 and it regulates the rights of
children exclusively.