Civil Law and the Civil Code Practice Flashcards

Vocabulary flashcards covering the Czech Civil Code (89/2012 Sb.), including legal principles, property classifications, ownership, and contract requirements.

Občanský zákoník (89/2012 Sb.)

The most comprehensive legal norm in the Czech Republic, effective from 1.1.2014, which regulates rights and obligations concerning ownership, inheritance, and marriage.

Substantive Civil Law (OZ hmotné)

The part of civil law that defines fundamental standards, rights, obligations, and the nature of interpersonal relationships.

Procedural Civil Law (OZ procesní)

The part of civil law that dictates how courts decide cases, the process for filing a lawsuit, and the requirement that a court must always reach a decision.

Quod non est prohibitum est licitum

A fundamental legal principle for citizens meaning 'what is not prohibited is allowed.'

State Legal Principle

For the state, the opposite of the citizen's principle applies: it is forbidden to do anything that the law does not explicitly allow.

Principle of Contractual Freedom

A principle where contracts take precedence; moveables do not require written contracts, but real estate always requires a written agreement.

Principle of Equality and Protection of the Weaker Party

The legal concept that while all parties are equal, the law provides special protection for the 'weaker' party, such as a consumer in a relationship with an entrepreneur.

Legal Certainty (Právní jistota)

The principle that if the law grants a right, the holder does not need to fear its exercise; it also implies a duty for individuals to be cautious and not sign things they do not understand.

Prohibition of Abuse of Rights

A principle based on honesty where rights must only be used in a way that does not limit or infringe upon the rights of others.

Good Morals (Dobré mravy)

A vague legal concept including public order, mutual decency, and tolerance; for example, charging a $500 \%$ interest rate is considered a violation of this principle.

Good Faith (Dobrá víra)

A state of mind where, if a person buys something stolen in good faith, they cannot be prosecuted for the theft.

Movable Property (Věci movité)

Items that can be moved from place to place.

Immovable Property (Věci nemovité)

Assets firmly connected to the ground, such as land or buildings.

Ownership Right (Vlastnické právo)

The highest legal entitlement of a person to a thing, allowing them to sell, pledge, gift, or destroy it.

Possession (Držba)

The state where a person has power over a thing and treats it as their own, provided it is held in good faith.

Restitution (Restituce)

A special method of property acquisition where assets seized by the communists (such as castles or fields) were returned to their original owners.

Land Registry (Katastr nemovitostí)

A list of all real estate initiated under Maria Theresa; according to the Civil Code, one becomes the legal owner only at the moment of registration in this system.

Verification (Ověření)

A special institute performed by a notary or CzechPoint (post office) to confirm the validity of a signature or text on a document.

Contract Content Requirements

Under sections $\S 2201-2331$, a contract must include non-interchangeable identification of persons (ID number, date of birth) and specific identification of the property (cadastral number, photos).