Parties, Ownership, Sale, Lease, Liability for damages 5
PREFACE
I. INTRODUCTION TO THE CZECH CIVIL LAW (BY JAN HURDÍK)
I.1 General description of the Czech Republic 10
I.2 Short history of Czech law and of Czech legal culture 11
I.3 Czech legislation and the Czech legal system
as a part of continental legal system 11
I.4 The position of the judiciary 12
I.5 Public law and private law in Czech legal system 12
I.6 DeÞnition of Czech private law 13
I.7 Civil Law and Commercial Law 13
I.8 Civil law and Family law 14
I.9 Civil law and Labour Law 14
I.10 Completing sources and literature 14
I.11 Questions 15
II. PERSONS IN THE LEGAL SENSE – PARTICIPANTS IN PRIVATE LAW RELATIONS
(BY KATE INA RONOVSKÁ)
II.1 Introduction 16
II.2 Legal capacity 16
II.3 Natural persons 17
II.3.1 Legal capacity to have rights and duties 17
II.3.2 Legal capacity to acquire rights and assume duties 18
II.3.3 Delictual capacity 18
II.4 Protection of personal rights 18
II.4.1 Introduction 18
II.4.2 Sources of law on protection of personal rights 19
II.4.3 Subjects of law on protection of personal rights 20
II.4.4 Object (subject matter) of law on protection of personal rights 20
II.4.5 Limitation of the right to protection of personal rights 21
II.4.6 Means of protection of personal rights 21
II.5 DeÞnition of “household” and “close person” 23
II.6 Legal persons 23
II.6.1 Introduction 23
II.6.2 Categorisation – schematic outline 24
II.6.3 Private law legal persons – related legal regulations (a selection) 25
II.6.4 A general characterisation of legal persons 25
II.6.5 The state as a party in private law relations 28
II.6.6 European legal persons 29
II.6.6 Non proÞt organisations – general information 29
6 Introduction to the Czech Civil Law I.
II.7 Cases for study 32
II.8 Questions 34
III. OWNERSHIP OF REAL ESTATE (BY JOSEF FIALA) 35
III.1 Real estate 35
III.2 Ownership title 38
III.3 Acquisition of ownership 40
III.4 Acquisition on the basis of contract 41
III.4.1. Purchase contract 41
III.5 Acquisition by inheritance 43
III.6 Acquisition by means of a decision of a state authority 43
III.7 Acquisition on the basis of other facts speciÞed by law 43
III.8 Termination of ownership title 45
III.9 Protection of ownership title 47
III.10 Common property 48
III.11 Cases for study 51
III.12 Questions 51
IV. SALE AND PURCHASE (BY PAVEL KOUKAL) 52
IV.1 General DeÞnitions 52
IV.1.1 Legal Regulations 53
IV.1.2 Contract Origination and Forms 54
IV.2 Rights and Obligations of the Parties 54
IV.2.1 Obligations of the Seller 54
IV.2.2 Obligations of the Buyer 54
IV.2.3 Purchase Contract and Acquisition of Title 55
IV.2.4 Other Applicable Provisions in Purchase Contracts 56
IV.2.5 Default of the Seller 57
IV.2.6 Default of the Buyer 58
IV.3 Liability for Defects 58
IV.3.1 Factual Defects 58
IV.3.2 Legal Defects 60
IV.3.3 Transfer of Title 60
IV.3.4 Liability for Defects 60
IV.3.5 Lapse of rights 60
IV.4 Termination of Purchase and Sale Agreement 62
IV.5 Cases for study 63
IV.6 Questions 63
Parties, Ownership, Sale, Lease, Liability for damages 7
V. LEASE CONTRACTS (BY MARKÉTA SELUCKÁ) 63
V.1 General Provisions 64
V.2 Lease of Flats 64
V.3 Lease of Non-Residential (Business) Premise (Space) 64
V.4 Lease of an Enterprise 72
V.5 Lease of a Means of Transport 74
V.6 Cases for study 77
V.7 Questions 78
VI. LIABILITY FOR DAMAGES (BY JI Í HANDLAR) 78
VI.1 Legal Regulations 80
VI.2 Functions of Liability for Damages 80
VI.3 Basic Prerequisites of Liability for Damages 80
VI.4 Parties Liable for Damages 81
VI.5 Scope and Method of Compensation for Damages 83
VI.6 Statutory Bar on the Right of Damages 84
VI.7 General Liability for Damages 88
VI.8 Special Cases of Liability for Damages 89
VI.9 Cases for study 94
VI.10 Questions 94