Czech Bar Exam cheat sheet

Czech civil law is codified in Act No. 89/2012 Sb., the Civil Code (občanský zákoník), effective 1 January 2014; it replaced the 1964 Civil Code and the 1963 Commercial Code.

Legal capacity (právní osobnost) arises at birth, but a conceived child (nasciturus) has capacity where it is to its benefit; capacity to exercise rights (svéprávnost) is acquired in full at 18 or by emancipation.

Contract formation requires offer and acceptance; under § 1724 the offeree's acceptance with additions or modifications is a counter-offer, not acceptance.

Substantive prescription (promlčení) is generally 3 years for recurring and most claims and 10 years for others (§ 629); the court considers prescription only on the debtor's objection.

Property rights are not subject to prescription (except the right to rent and similar recurring rights); acquisitive prescription (vydržení) runs 3 years for movables and 10 years for immovables.

Marriage requires the personal declaration of both spouses before a registrar or a registered religious body; a minor between 16 and 18 may marry only with court permission.

Community property of spouses (společné jmění manželů) covers acquisitions during marriage except gifts, inheritance, and items serving personal needs; it may be modified or abolished by notarial agreement.

Inheritance proceeds by intestate succession, will, or contract; the default order places children first, then parents and the spouse, with the surviving spouse sharing in the second group.

Liability for damage is fault-based; strict liability applies to dangerous operations, defective products, and damage by animals or things; statutory compensation caps exist under special acts.

The Criminal Code (Act No. 40/2009 Sb.) states that an act is criminal only if it is culpable and its social harmfulness (společenská škodlivost) is not negligible; social harmfulness is not a separate element but a threshold qualifier.

Criminal liability requires the age of 15 at the time of the act; juveniles aged 15-18 are subject to the Juvenile Justice Act (Act No. 218/2003 Sb.), with reduced penalties.

The general limitation period for prosecution is 10 years for offences carrying up to 10 years' imprisonment, 15 years for up to 15, and 20 years for more; life-imprisonment offences are not time-barred.

Criminal proceedings follow the Code of Criminal Procedure (Act No. 141/1961 Sb.): pre-trial proceedings conducted by police with supervision of the public prosecutor, then trial before a single judge, a panel, or a senate.

The public prosecutor may conditionally suspend prosecution (podmíněné zastavení) or discontinue it under § 172, with a 6-month probation period in the suspension variant.

A plea bargain (dohoda o vině a trestu) under § 175a requires agreement between the prosecutor and the accused and court approval; it is unavailable for offences punishable by life imprisonment.

Pre-trial detention (vazba) may last up to 3 years in total; extensions require court decisions, and any detention must be reviewed at the accused's request.

The injured party may claim damages in criminal proceedings (adhezní řízení); the court may refer the claim to civil proceedings if it cannot be decided within the criminal trial.

Extraordinary remedies include appeal on points of law (dovolání) to the Supreme Court, retrial (obnova řízení), and complaint for violation of law (stižnost pro porušení zákona) filed by the Minister of Justice.

The Code of Administrative Procedure (Act No. 500/2004 Sb., správní řád) applies to public administration bodies unless a special act provides otherwise; it governs procedure, not the substantive powers.

Administrative decisions are issued in written form and must contain the operative part, reasoning, and instructions on remedies (poučení o odvolání); the reasoning may be simplified in specified cases.

The appeal period is generally 15 days from delivery of the decision; an appeal is filed with the authority that issued the decision, which may remedy it itself (autoremedura) within 30 days.

The Administrative Court Code (Act No. 150/2002 Sb.) provides judicial review; an action must be filed within 2 months of delivery of the decision, or 1 month for certain electoral matters.

Administrative courts review legality, not merits; they may annul a decision, and the administrative authority is bound by the court's legal opinion on remand.

Fines for administrative offences (přestupky) are governed by Act No. 250/2016 Sb.; the general limitation period for prosecution is 1 year and for enforcement 3 years.

The Supreme Administrative Court (Nejvyšší správní soud) hears cassation complaints in administrative matters and decides on dissolution of political parties and electoral disputes.

The ombudsman (veřejný ochránce práv) investigates conduct of public administration but cannot annul decisions; the office is established by Act No. 349/1999 Sb.

Zoning and building matters are governed by the Building Act (Act No. 283/2021 Sb.), which replaced the 2006 Act and integrates permitting into a unified procedure.

The Constitution (Act No. 1/1993 Sb.) establishes a parliamentary republic with a bicameral Parliament: the Chamber of Deputies (200 members, 4-year term) and the Senate (81 members, 6-year term, one-third renewed every 2 years).

The President is elected by direct popular vote for 5 years; the President may be prosecuted for high treason before the Constitutional Court on a Senate motion.

The Charter of Fundamental Rights and Freedoms (Act No. 2/1993 Sb.) is part of the constitutional order; rights may be limited only by law and only where the limitation is proportionate and pursues a legitimate aim.

The Constitutional Court (Ústavní soud) has 15 justices appointed for 10 years by the President with Senate consent; it reviews conformity of statutes with the constitutional order and decides constitutional complaints.

A constitutional complaint may be filed by anyone claiming violation of a fundamental right after exhausting other remedies; the general time limit is 2 years from the violation, or 1 year for extraordinary remedies.

The Charter guarantees a fair trial, the right to a lawyer from the outset of proceedings, the presumption of innocence, and the prohibition of retroactivity of criminal law.

The Charter's Article 11 protects property; expropriation is possible only for a public purpose, by law, and with compensation.

The Constitution provides for legislative emergency: the Chamber may pass laws in shortened procedure with government consent on a state of emergency, with a shortened 72-hour Senate deadline.

The Business Corporations Act (Act No. 90/2012 Sb., ZOK) governs companies and cooperatives; it was substantially amended by Act No. 33/2020 Sb., effective 1 January 2021, which recodified the law of obligations of companies.

The Commercial Register (obchodní rejstřík) is kept by regional courts; registration is constitutive for the formation of a company, and the company acquires legal personality on the date of registration.

A limited liability company (s.r.o.) requires minimum registered capital of CZK 1 (since 2014); the company may be formed by a single person, and the maximum number of shareholders is not limited.

A joint-stock company (a.s.) requires minimum registered capital of CZK 2,000,000 or EUR 80,000; it may have a dualistic board system (board of directors and supervisory board) or a monistic system with an administrative board.

A public limited company's shares may be admitted to trading on a regulated market; securities law is governed by Act No. 256/2004 Sb. on business on the capital market.

Company officers owe a duty of care; under § 51 ZOK a director who causes damage is liable unless they prove they acted with the care of a prudent businessperson (péče řádného hospodáře).

The general meeting may be convened by shareholders holding at least 5% of capital in an s.r.o. or 1% in an a.s.; a resolution may be annulled by a court within 3 months of the general meeting.

Business obligations follow the Civil Code unless ZOK provides otherwise; the Commercial Code (Act No. 513/1991 Sb.) was repealed as of 1 January 2014, except for a few transitional provisions.

A merger, division, or transfer of assets requires a written merger project, publication in the Commercial Gazette, and a 30-day period for creditors to object before registration.

The Labour Code (Act No. 262/2006 Sb.) governs employment relationships; the employment contract must be in writing and must state the type of work, place of work, and start date.

A probationary period may be agreed for a maximum of 3 months (6 months for managerial employees); it must be agreed in writing in the employment contract.

A fixed-term employment relationship may be concluded for a maximum of 3 years; it may be repeated at most twice within 3 years (the so-called 3+3 rule).

The standard working week is 40 hours; overtime is limited to 8 hours per week and 150 hours per calendar year, with compensatory time off or a 25% premium.

Notice of termination must be in writing, specify a statutory ground, and give a notice period of 2 months beginning on the first day of the month following delivery.

Severance pay (odstupné) is 1 average monthly salary for employment under 2 years, 2 for 2-5 years, 3 for 5-10 years, 4 for 10-20 years, and 5 for 20+ years.

Minimum wage is set by government regulation; it is a monthly and hourly floor, and the government may set guaranteed wage scales for public-sector employees by regulation.

Social security is governed by Act No. 187/2006 Sb. (sickness and pension insurance) and Act No. 155/1995 Sb. (pension insurance); the retirement age is set according to birth year.

Health insurance is governed by Act No. 48/1997 Sb.; the state pays contributions for dependent children, students, pensioners, and other defined groups.

The Civil Procedure Code (Act No. 99/1963 Sb., o.s.ř.) governs contentious civil proceedings; the court must first attempt conciliation and may require the parties to attend a preparatory hearing.

Jurisdiction is determined by the defendant's domicile (general jurisdiction); the court may transfer a case only on statutory grounds, and the parties may agree on jurisdiction in commercial matters.

An action must contain the identification of the parties, the claim, and the facts; the court may reject an action that does not meet the formal requirements or was filed by a party lacking capacity.

The court may issue a payment order (platební rozkaz) without a hearing if the claim is based on facts and documents; the defendant may file an objection within 15 days.

Default judgment (rozsudek pro zmeškání) may be issued if the defendant fails to appear despite proper summons and the claimant requests it; the defendant may seek relief within 15 days.

An appeal must be filed within 15 days of delivery of the judgment; the appellate court may confirm, reverse, or remand, and may not change the judgment to the appellant's detriment absent cross-appeal.

Execution (exekuce) is governed by Act No. 120/2001 Sb. (execution code) and is conducted by private bailiffs (exekutoři) or by the court under the o.s.ř.; a court enforcement order is a prerequisite.

Execution may be stayed by a court decision, and the debtor may file a motion to suspend it; the bailiff may seize bank accounts, wages, and movable property.

A final and enforceable judgment is binding on the parties and on state bodies; third parties may challenge it by an action to set aside (žaloba na obnovu řízení) only on statutory grounds.

The legal profession in the Czech Republic is governed by Act No. 85/1996 Sb. on the Bar (advokacie) and the Bar's professional rules; the Czech Bar Association (Česká advokátní komora) is a self-governing body with compulsory membership.

To be admitted to the Bar, a candidate must hold a law degree, pass the bar exam, be of good character, and take an oath; the Bar maintains a list of attorneys and trainees.

Attorneys must maintain confidentiality (mlčenlivost) about all matters learned in practice; the duty survives termination of the mandate and is subject to limited statutory exceptions.

Attorneys must avoid conflicts of interest; a lawyer may not represent a client whose interests conflict with those of another client or with the lawyer's own interests.

Attorneys must maintain professional liability insurance; the Bar's rules set minimum coverage, and the client must be informed of the insurance arrangement.

Attorney fees may be agreed as hourly, fixed, or success-based; success fees (pactum de quota litis) are permitted only within statutory limits and must not be the sole fee arrangement for criminal defence.

Notaries are governed by Act No. 358/1992 Sb.; they perform notarial deeds, certify signatures, and act as court commissioners in inheritance proceedings.

Judges are independent and bound only by law; the Judicial Code (Act No. 6/2002 Sb.) governs judicial status, discipline, and the immunity of judges from prosecution without the consent of the relevant court.

Regulations are directly applicable in all member states without transposition; directives bind member states as to the result and must be transposed within the deadline, usually 2 years.

The Court of Justice of the EU (CJEU) has jurisdiction over preliminary references under Article 267 TFEU; Czech courts of last instance are obliged to refer questions on EU law interpretation.

The principle of supremacy of EU law (Costa v ENEL) means national law conflicting with directly effective EU law is disapplied; the Czech Constitutional Court accepted this in its 2012 EU Treaty ruling (Pl. ÚS 19/08).

The Charter of Fundamental Rights of the EU applies to member states only when implementing EU law (Article 51); it is not a general human rights instrument for purely national matters.

The four freedoms are free movement of goods, persons, services, and capital; restrictions must be justified by Treaty derogations or overriding public interest and be proportionate.

The Czech Republic joined the EU on 1 May 2004; it has not adopted the euro and holds an opt-out from the Charter's application to the UK protocol (now inapplicable post-Brexit).

Regulation (EU) 2016/679 (GDPR) applies directly; Czech law implements it through Act No. 110/2019 Sb. on personal data processing, and the Office for Personal Data Protection supervises.

The European Arrest Warrant (Framework Decision 2002/584/JHA) is implemented in Czech law by Act No. 104/2013 Sb.; surrender may be refused on listed mandatory and optional grounds.

Infringement proceedings under Articles 258-260 TFEU may end in a lump sum or penalty payment; the Commission first sends a letter of formal notice and a reasoned opinion.

Income tax for individuals and legal persons is governed by Act No. 586/1992 Sb.; the corporate rate is 21% (19% before 2024), and the personal rate is 15% with a 23% rate for income above the statutory threshold.

Value added tax is governed by Act No. 235/2004 Sb.; the standard rate is 21% and the reduced rate is 12% (from 2024), with a 0% rate for exports and intra-community supplies.

The tax administration procedure is governed by Act No. 280/2009 Sb., the Tax Code (daňový řád); a tax return is generally due within 3 months of the end of the tax period, extendable by 3 months on request.

Tax audits must be concluded within statutory time limits; the general limitation period for tax assessment is 3 years, extended by the duration of audit or appeal proceedings.

Real estate tax is governed by Act No. 338/1992 Sb.; the taxpayer is the owner, and the tax base is the value of the land or the floor area of buildings, multiplied by a coefficient.

Social security contributions are 24.8% for employers and 7.1% for employees; health insurance contributions are 9% for employers and 4.5% for employees.

The Financial Administration (Finanční správa) administers taxes; the Financial Analytical Office (FAÚ) handles anti-money-laundering under Act No. 253/2008 Sb.

The Czech National Bank (ČNB) is the central bank and financial regulator; it licenses banks under Act No. 21/1992 Sb. and conducts supervision under the Act on the CNB (No. 6/1993 Sb.).

Banking regulation is aligned with EU CRD/CRR; deposit insurance is provided by the Financial Market Guarantee System up to EUR 100,000 per depositor per bank.