After completing the course, students are able to apply legal rules to the specified factual circumstances, within the scope of the special part of the law of obligations (torts law and contractual obligation law). Students should gain knowledge about the individual assumptions and prerequisites of civil liability and how they work in individual European tort systems. In the lectures students also solve specific problems related to individual contractual obligations and institutions of the general part (formation and form of the contract, content of contractual arrangements, general terms, surprising clause, change of obligations, their securing and confirmation, termination and others). They process the cases based on work with the Civil Code, while learning not only to orientate themselves correctly in the broad subject of the law of obligations and tort law, but above all to deepen their knowledge of the contexts and interrelationships of the institutes discussed, in a wider European context, including the DCFR and PETL. During the semester, students are required to independently search for and study prescribed jurisprudence on the topics discussed. Students analyse the selected judgments in more detail with lecturer trying to put the basis for critical thinking about individual problems. The main goal of the course is the development of critical legal thinking, based on the necessary knowledge base of the rules of the law of obligations and tort law. By completing the course students will acquire the following additional knowledge and skills:
- The student knows the basic institutes of tort law and contractual obligation law.
- The student can subsume the factual situation under specific civil law rules and apply them.
- The student can analyze individual arguments and counter-arguments to the given case and assess them as comprehensively as possible.
The student orients himself in the basic regulations of the tort law and the law of obligations.
Last update: Šicnerová Barbora, Mgr. (08.04.2025)
After completing the course, students are able to apply legal rules to the specified factual circumstances, within the scope of the special part of the law of obligations (torts law and contractual obligation law). Students should gain knowledge about the individual assumptions and prerequisites of civil liability and how they work in individual European tort systems. In the lectures students also solve specific problems related to individual contractual obligations and institutions of the general part (formation and form of the contract, content of contractual arrangements, general terms, surprising clause, change of obligations, their securing and confirmation, termination and others). They process the cases based on work with the Civil Code, while learning not only to orientate themselves correctly in the broad subject of the law of obligations and tort law, but above all to deepen their knowledge of the contexts and interrelationships of the institutes discussed, in a wider European context, including the DCFR and PETL. During the semester, students are required to independently search for and study prescribed jurisprudence on the topics discussed. Students analyse the selected judgments in more detail with lecturer trying to put the basis for critical thinking about individual problems. The main goal of the course is the development of critical legal thinking, based on the necessary knowledge base of the rules of the law of obligations and tort law. By completing the course students will acquire the following additional knowledge and skills:
- The student knows the basic institutes of tort law and contractual obligation law.
- The student can subsume the factual situation under specific civil law rules and apply them.
- The student can analyze individual arguments and counter-arguments to the given case and assess them as comprehensively as possible.
The student orients himself in the basic regulations of the tort law and the law of obligations.
Last update: Šicnerová Barbora, Mgr. (08.04.2025)
Requirements to the exam -
Written exam - the final exam will be a 45-minute single best answer test (closed book exam), composed of 21 questions. Students are allowed to use dictionaries (native language - English; English - native language). Grading is as follows:
21-18 points = 1
17-14 points = 2
13-12 points = 3
11-0 points = 4
Last update: Šicnerová Barbora, Mgr. (08.04.2025)
Written exam - the final exam will be a 45-minute single best answer test (closed book exam), composed of 21 questions. Students are allowed to use dictionaries (native language - English; English - native language). Grading is as follows:
21-18 points = 1
17-14 points = 2
13-12 points = 3
11-0 points = 4
Last update: Šicnerová Barbora, Mgr. (08.04.2025)
Syllabus -
The course covers primarily the following topics:
1. Law of obligation – introduction, basic features of obligations; functions, systems and classifications of obligation law; fundamental principles of obligation law; creation of obligations – different titles and modes of arising obligations;
2. Culpa in contrahendo; ways of concluding contracts, offer to conclude and acceptance of the offer; different types of contracts, contracts in Family law and in Succession Law;
3. Contract – forms and content; general terms as a part of contract, surprising terms; modification of the contract; effects of contract; clausula rebus sic stantibus; Contractus in favorem tertii; pactum de contrahendo; contracts concluded by adhesion; consumer contracts – protection of weaker party,
4. Contracts with plurality of parties – several debtors and several creditors; obligations with divisible performance and obligations with indivisible performance; joint and several obligations (solidarity); contract and its object - performance generically determined, fulfillment individually determined;
5. 5. Changes in contractual obligations - assignment of claim / contract assignment / assumption of debt / accession to the debt / novation and settlement agreement
6. Securing the creditor and obligation - guarantor, financial guarantee, pledge, security of contract, security transfer of right, contractual penalty, acknowledgment of debt
7. Contracts with international elements, cross-border contracts, contract in the light of international private law and European international private law; breach of the contractual duties – contractual liability, defective performance and its effects / remedies / contractual claims – contractual disputes resolution
8. Introduction to Torts - Principal Sources • Philosophy of tort law • Functions of Tort Law • Economic Analyse of Tort Law • Comparative Overview – 3 major tort law system in Europe/ Prevention as a general principle – prevention duties and its role in tort system - waiver of right to damages/ exclusion or limitation of the obligation to compensate
9. Fault as a prerequisite of civil liability • Intention and negligence • fortuity • Contribution of Injured party • Fault in DCFR and PETL • Case law / Wrongfulness /Unlawfulness as a prerequisite of civil liability • Circumstances excluding the unlawfulness • Comparative Overview • Case law
10. Causation as a prerequisite of civil liability – factual and legal causation, theories of causation, multicausal damages, adequacy • Damages • material and non-material harm - Compensation in Money and Restitution • Joint Liability • Comparative Overview • Case law
11. Compensation of damages - Manner and Scope of Compensation for Damage /Different types of Special Liabilities for Damage • Cases and Practical Example
12. Specifics of tort disputes • Types of actions • Rules of evidence • Burden of proof • Expert opinion • Proving damages • Judgement on damages • Interim and Final judgement • Specifics of contract disputes; Types of Actions; Choice of court clauses; Arbitration Clause; Multi-party litigation; Class actions; Disputes with international element
Last update: Šicnerová Barbora, Mgr. (28.08.2025)
The course covers primarily the following topics:
1. Law of obligation – introduction, basic features of obligations; functions, systems and classifications of obligation law; fundamental principles of obligation law; creation of obligations – different titles and modes of arising obligations;
2. Culpa in contrahendo; ways of concluding contracts, offer to conclude and acceptance of the offer; different types of contracts, contracts in Family law and in Succession Law;
3. Contract – forms and content; general terms as a part of contract, surprising terms; modification of the contract; effects of contract; clausula rebus sic stantibus; Contractus in favorem tertii; pactum de contrahendo; contracts concluded by adhesion; consumer contracts – protection of weaker party,
4. Contracts with plurality of parties – several debtors and several creditors; obligations with divisible performance and obligations with indivisible performance; joint and several obligations (solidarity); contract and its object - performance generically determined, fulfillment individually determined;
5. 5. Changes in contractual obligations - assignment of claim / contract assignment / assumption of debt / accession to the debt / novation and settlement agreement
6. Securing the creditor and obligation - guarantor, financial guarantee, pledge, security of contract, security transfer of right, contractual penalty, acknowledgment of debt
7. Contracts with international elements, cross-border contracts, contract in the light of international private law and European international private law; breach of the contractual duties – contractual liability, defective performance and its effects / remedies / contractual claims – contractual disputes resolution
8. Introduction to Torts - Principal Sources • Philosophy of tort law • Functions of Tort Law • Economic Analyse of Tort Law • Comparative Overview – 3 major tort law system in Europe/ Prevention as a general principle – prevention duties and its role in tort system - waiver of right to damages/ exclusion or limitation of the obligation to compensate
9. Fault as a prerequisite of civil liability • Intention and negligence • fortuity • Contribution of Injured party • Fault in DCFR and PETL • Case law / Wrongfulness /Unlawfulness as a prerequisite of civil liability • Circumstances excluding the unlawfulness • Comparative Overview • Case law
10. Causation as a prerequisite of civil liability – factual and legal causation, theories of causation, multicausal damages, adequacy • Damages • material and non-material harm - Compensation in Money and Restitution • Joint Liability • Comparative Overview • Case law
11. Compensation of damages - Manner and Scope of Compensation for Damage /Different types of Special Liabilities for Damage • Cases and Practical Example
12. Specifics of tort disputes • Types of actions • Rules of evidence • Burden of proof • Expert opinion • Proving damages • Judgement on damages • Interim and Final judgement • Specifics of contract disputes; Types of Actions; Choice of court clauses; Arbitration Clause; Multi-party litigation; Class actions; Disputes with international element
Last update: Šicnerová Barbora, Mgr. (28.08.2025)
Learning resources -
Basic literature:
1. Bar, C. von & Clive, E., 2010. Principles, definitions and model rules of European private law: draft common frame of reference (DCFR), Oxford: Oxford University Press (in library)
2. European Group on Tort Law. Principles of European Tort Law (PETL) (available online: http://www.egtl.org/docs/PETL.pdf).
3. Walter van Gerven – Jeremy Lever – Pierre Larouche: Cases, Materials and Texts on National, Supranational and International Tort Law, Oxford, 2005
4. Zweigert – Kötz: An Introduction to Comparative Law, 2. díl: The Institutions of Private Law, Oxford Press, 1998
5. Miller, L. (2011). The Emergence of EU Contract Law: Exploring Europeanization. Velká Británie: OUP Oxford.
6. Reinhard Zimmermann. Zukunftsperspektiven de Rechtsvergleichung (2016). Německo: Mohr Siebeck.
7. Samuel, G. (2013). Law of Obligations & Legal Remedies. Velká Británie: Taylor & Francis.
8. Fauvarque-Cosson, B., Mazeaud, D. (2009). European Contract Law: Materials for a Common Frame of Reference: Terminology, Guiding Principles, Model Rules. Německo: sellier.european law publishers.
Other literature:
1. Macková, A., 2019. Civil procedure in the Czech Republic Second edition., Alphen aan den Rijn, The Netherlands: Kluwer Law International B. V. (in library)
2. David Elischer, Roman Velich, 'Czech Republic', (2021), pp.1-288 in Herman Cousy (ed.), IEL Insurance Law, (Kluwer Law International BV, Netherlands), https://kluwerlawonline.com/EncyclopediaChapter/IEL+Insurance+Law/INSU20210002
3. Rowan, S. (2022). The New French Law of Contract. Velká Británie: Oxford University Press.
4. Viney, G.: Introduction à la Responsabilité, LGDJ, 3.vyd., Paris 2008
5. Viney, G. - P. Jourdain: Les conditions de la responsabilité, LGDJ, 3.vyd, Paris 2006
6. Delebecque, P. – Pensier, F.: Droit des obligations, Responsabilité civile, Litec, Paris 2008
7. Kötz, H., Wagner, G. Deliktsrecht. 13. Auflage. München: Verlag Franz Vahlen, 2016,:
Basic legislation (always in wording in force and effect as on the date of examination):
Other legal regulations (always in wording in force and effect as on the date of examination):
1. Act No. 90/2012 Coll. (Czech Republic), on Private international Law
Last update: Šicnerová Barbora, Mgr. (28.08.2025)
Basic literature:
1. Bar, C. von & Clive, E., 2010. Principles, definitions and model rules of European private law: draft common frame of reference (DCFR), Oxford: Oxford University Press (in library)
2. European Group on Tort Law. Principles of European Tort Law (PETL) (available online: http://www.egtl.org/docs/PETL.pdf).
3. Walter van Gerven – Jeremy Lever – Pierre Larouche: Cases, Materials and Texts on National, Supranational and International Tort Law, Oxford, 2005
4. Zweigert – Kötz: An Introduction to Comparative Law, 2. díl: The Institutions of Private Law, Oxford Press, 1998
5. Miller, L. (2011). The Emergence of EU Contract Law: Exploring Europeanization. Velká Británie: OUP Oxford.
6. Reinhard Zimmermann. Zukunftsperspektiven de Rechtsvergleichung (2016). Německo: Mohr Siebeck.
7. Samuel, G. (2013). Law of Obligations & Legal Remedies. Velká Británie: Taylor & Francis.
8. Fauvarque-Cosson, B., Mazeaud, D. (2009). European Contract Law: Materials for a Common Frame of Reference: Terminology, Guiding Principles, Model Rules. Německo: sellier.european law publishers.
Other literature:
1. Macková, A., 2019. Civil procedure in the Czech Republic Second edition., Alphen aan den Rijn, The Netherlands: Kluwer Law International B. V. (in library)
2. David Elischer, Roman Velich, 'Czech Republic', (2021), pp.1-288 in Herman Cousy (ed.), IEL Insurance Law, (Kluwer Law International BV, Netherlands), https://kluwerlawonline.com/EncyclopediaChapter/IEL+Insurance+Law/INSU20210002
3. Rowan, S. (2022). The New French Law of Contract. Velká Británie: Oxford University Press.
4. Viney, G.: Introduction à la Responsabilité, LGDJ, 3.vyd., Paris 2008
5. Viney, G. - P. Jourdain: Les conditions de la responsabilité, LGDJ, 3.vyd, Paris 2006
6. Delebecque, P. – Pensier, F.: Droit des obligations, Responsabilité civile, Litec, Paris 2008
7. Kötz, H., Wagner, G. Deliktsrecht. 13. Auflage. München: Verlag Franz Vahlen, 2016,:
Basic legislation (always in wording in force and effect as on the date of examination):
