Czech Bar Exam flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Civil Code effective date

Act No. 89/2012 Sb., the Czech Civil Code, took effect on 1 January 2014, replacing the 1964 Civil Code and the 1963 Commercial Code as the main private-law statute.

Substantive prescription period

Under § 629 of the Civil Code, most claims prescribe in 3 years, while other rights prescribe in 10 years. The court considers prescription only if the debtor raises it.

Community property of spouses

Property acquired during marriage by either spouse forms joint property, except gifts, inheritance, and personal-use items. Spouses may modify or abolish it by notarial agreement.

Acquisitive prescription periods

A person who possesses a thing in good faith acquires ownership after 3 years for movables and 10 years for immovables, provided possession is continuous and lawful.

Nasciturus legal capacity

A conceived but unborn child has legal personality where it is to its benefit, such as inheritance or compensation claims, and is treated as born for those purposes.

Social harmfulness threshold

Under § 12 of the Criminal Code, an act is criminal only if its social harmfulness is not negligible; this qualifier applies to all offences and is assessed case by case.

Criminal prosecution limitation

Prosecution is time-barred after 10 years for offences punishable by up to 10 years, 15 years for up to 15, and 20 years for more; life-imprisonment offences are not time-barred.

Plea bargain conditions

Under § 175a of the Criminal Procedure Code, the prosecutor and accused may agree on guilt and sentence, subject to court approval; it is excluded for offences punishable by life imprisonment.

Pre-trial detention limit

Pre-trial detention (vazba) may last at most 3 years in total, with court extensions, and must be reviewed on the accused's request at statutory intervals.

Extraordinary appeal to Supreme Court

A dovolání under § 265a of the Criminal Procedure Code may be filed against a final appellate decision on points of law, within 2 months, and is decided by the Supreme Court.

Administrative appeal deadline

Under the Administrative Procedure Code, an appeal is filed within 15 days of delivery with the issuing authority, which may remedy the decision itself within 30 days.

Administrative court action deadline

Under the Administrative Court Code, an action against an administrative decision must be filed within 2 months of its delivery, or 1 month for specified electoral and local matters.

Administrative offence limitation

Under Act No. 250/2016 Sb., prosecution of an administrative offence is time-barred after 1 year, and enforcement of the fine after 3 years, unless interrupted.

Chamber of Deputies composition

The Chamber of Deputies has 200 members elected for 4 years by proportional representation; the Senate has 81 members with one-third renewed every 2 years for 6-year terms.

Constitutional complaint deadline

A constitutional complaint must be filed within 2 years of the violation, or 1 year where an extraordinary remedy was used, after exhausting other available remedies.

Charter limitation clause

Under Article 4 of the Charter, fundamental rights may be limited only by law, only for a legitimate aim, and only to the extent proportionate and necessary in a democratic society.

LLC minimum capital

A Czech limited liability company (s.r.o.) requires minimum registered capital of CZK 1, may have a single founder, and acquires legal personality upon registration in the Commercial Register.

Joint-stock company capital

A Czech joint-stock company (a.s.) requires minimum registered capital of CZK 2,000,000 or EUR 80,000, and may adopt a dualistic or monistic governance structure.

Director's duty of care

Under § 51 of the Business Corporations Act, a director must act with the care of a prudent businessperson and is liable for damage unless they prove compliance.

Probationary period maximum

An employment contract may include a probationary period of at most 3 months, or 6 months for managerial employees, and it must be agreed in writing.

Fixed-term employment rule

A fixed-term employment relationship may last at most 3 years and may be repeated at most twice within 3 years; further repetition requires a serious operational reason.

Termination notice period

Notice of termination must be in writing, state a statutory ground, and run for 2 months from the first day of the month following delivery of the notice.

Severance pay scale

Severance pay equals 1 average monthly salary for under 2 years of employment, 2 for 2-5 years, 3 for 5-10, 4 for 10-20, and 5 for 20 or more years.

Payment order objection

A defendant served with a payment order (platební rozkaz) may file an objection within 15 days; a timely objection cancels the order and the court proceeds to trial.

Civil appeal deadline

An appeal against a first-instance civil judgment must be filed within 15 days of delivery; the appellate court may confirm, reverse, or remand the case.

Bailiff execution authority

Under Act No. 120/2001 Sb., a private bailiff (exekutor) conducts execution on the basis of a court enforcement order and may seize accounts, wages, and movables.

Attorney confidentiality duty

Under Act No. 85/1996 Sb., an attorney must keep confidential all matters learned in practice; the duty continues after the mandate ends, with limited statutory exceptions.

Bar admission requirements

Admission to the Czech Bar requires a law degree, passing the bar exam, good character, and taking the oath; membership in the Czech Bar Association is compulsory.

Directive transposition deadline

An EU directive binds member states as to the result and must be transposed into national law, typically within 2 years of adoption, unless the directive sets another deadline.

Preliminary reference obligation

Under Article 267 TFEU, a Czech court of last instance must refer questions on EU law interpretation to the CJEU unless the answer is clear (acte clair).

VAT standard and reduced rates

Under Act No. 235/2004 Sb., the standard VAT rate is 21% and the reduced rate is 12% (since 2024), with 0% for exports and intra-community supplies.

Tax return filing deadline

Under the Tax Code, a tax return is due within 3 months of the end of the tax period; the taxpayer may request an extension of up to 3 months.