This is the second part of a two-semester course intended to comprehensively cover the main institutions of private law in comparative contexts. The focus of instruction in this part is on institutions of private law which are assigned, within the traditional European doctrine of private law, to real rights (or rights in rem as the Czech Civil Code entitles the relevant part) and to the law of obligations, including general institutions of the law of obligations as well as basic institutions of the law of civil delicts (tort law) (for more details see the syllabus below). The emphasis of instruction is always put on the theoretical substance of an institution and its reflection within Czech and key foreign jurisdictions having represented the sources of inspiration for the contemporary Czech Civil Code, primarily Austria, Germany and France. Explanation and interpretation of partial institutions are always complemented with concrete cases and relevant case law for the purposes of correct understanding and practicing knowledge and skills acquired.
Last update: Šicnerová Barbora, Mgr. (08.04.2025)
This is the second part of a two-semester course intended to comprehensively cover the main institutions of private law in comparative contexts. The focus of instruction in this part is on institutions of private law which are assigned, within the traditional European doctrine of private law, to real rights (or rights in rem as the Czech Civil Code entitles the relevant part) and to the law of obligations, including general institutions of the law of obligations as well as basic institutions of the law of civil delicts (tort law) (for more details see the syllabus below). The emphasis of instruction is always put on the theoretical substance of an institution and its reflection within Czech and key foreign jurisdictions having represented the sources of inspiration for the contemporary Czech Civil Code, primarily Austria, Germany and France. Explanation and interpretation of partial institutions are always complemented with concrete cases and relevant case law for the purposes of correct understanding and practicing knowledge and skills acquired.
Last update: Šicnerová Barbora, Mgr. (08.04.2025)
Requirements to the exam -
The course is concluded with the final exam paper. The final exam will be a 45 minutes 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)
The course is concluded with the final exam paper. The final exam will be a 45 minutes 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:
* Right of ownership and ownership – one of the pillars of private law. Distinction from possession.
* Pluralistic modalities of co-ownership.
* Neighbourhood rights and immission.
* Acquiring the right of ownership.
* Superficiary principle. Superficiary right of building (on the land of another).
* Rights in rem regarding the property of another (except for the superficiary right of building).
* Registration of selected rights in rem: cadastre (land register); land books.
* Compensation of harm as the principle of modern regulations of tort law.
* Unjust enrichment and its forms.
The content of lectures for a particular semester is to be continuously updated primarily with respect to the legislative development of private law both in the Czech Republic and key foreign jurisdictions having served as the source of inspiration for the contemporary Czech Civil Code, namely Austria, Germany and France.
Last update: Šicnerová Barbora, Mgr. (08.04.2025)
The course covers primarily the following topics:
* Right of ownership and ownership – one of the pillars of private law. Distinction from possession.
* Pluralistic modalities of co-ownership.
* Neighbourhood rights and immission.
* Acquiring the right of ownership.
* Superficiary principle. Superficiary right of building (on the land of another).
* Rights in rem regarding the property of another (except for the superficiary right of building).
* Registration of selected rights in rem: cadastre (land register); land books.
* Compensation of harm as the principle of modern regulations of tort law.
* Unjust enrichment and its forms.
The content of lectures for a particular semester is to be continuously updated primarily with respect to the legislative development of private law both in the Czech Republic and key foreign jurisdictions having served as the source of inspiration for the contemporary Czech Civil Code, namely Austria, Germany and France.
Last update: Šicnerová Barbora, Mgr. (08.04.2025)
Learning resources -
Basic literature:
Frinta, O. Private Law in the Czech Republic – Development, Presence and Prospects, In Moon, J.; Tomášek, M. et al. Law Crossing Eurasia. From Korea to the Czech Republic. Passau-Berlin-Prague: rw&w, 2015, pp. 63-89.
Other literature:
Hrstková, J. Fundamentals of Czech Civil Law. Czech Law and European Union. Textbooks Vol. 5. Praha: Univerzita Karlova v Praze, Právnická fakulta, 2005
Basic legislation (always in wording in force and effect as on the date of examination):
Act N. 89/2012 Sb., the Civil Code
Other legal regulations (always in wording in force and effect as on the date of examination):
Constitutional Act N. 1/1993 Sb., the Constitution of the Czech Republic
Resolution of the Presidium of the Czech National Council N. 2/1993 Sb., on the declaration of the Charter of Fundamental Rights and Freedoms as a part of the constitutional order of the Czech Republic
Last update: Šicnerová Barbora, Mgr. (28.08.2025)
Basic literature:
Frinta, O. Private Law in the Czech Republic – Development, Presence and Prospects, In Moon, J.; Tomášek, M. et al. Law Crossing Eurasia. From Korea to the Czech Republic. Passau-Berlin-Prague: rw&w, 2015, pp. 63-89.
Other literature:
Hrstková, J. Fundamentals of Czech Civil Law. Czech Law and European Union. Textbooks Vol. 5. Praha: Univerzita Karlova v Praze, Právnická fakulta, 2005
Basic legislation (always in wording in force and effect as on the date of examination):
Act N. 89/2012 Sb., the Civil Code
Other legal regulations (always in wording in force and effect as on the date of examination):
Constitutional Act N. 1/1993 Sb., the Constitution of the Czech Republic
Resolution of the Presidium of the Czech National Council N. 2/1993 Sb., on the declaration of the Charter of Fundamental Rights and Freedoms as a part of the constitutional order of the Czech Republic
