Civil Law (substantive), including Family Law and Succession
What is tested
Act No. 89/2012 Sb., občanský zákoník (OZ), in force since 1 January 2014, unites substantive civil law, family law and succession in one code, with the commercial code applying alongside it. Exams test capacity, juristic acts, limitation, marital property and the succession titles.
Core rules
- Právní osobnost (§ 15) is the capacity to hold rights; svéprávnost (§ 30) is full at 18. A minor may act only in matters adequate to his maturity; otherwise a guardian or the court acts.
- Juristic acts are interpreted as a reasonable person would understand them, with regard to purpose, good morals and business usage (§ 556–558). Apparent acts (§ 551–554) have no legal effect; relative invalidity under § 586 must be invoked by the protected party, absolute invalidity under § 588 operates automatically.
- Limitation bars the claim only if the debtor raises it; the court may not do so ex officio (§ 610). For damage to property: 3 years from knowledge of the damage and of the liable person, at most 10 years from the harmful event; 15 years for harm to health (§ 636–637).
- Marriage by consent before an authorised body (§ 656), civil or church form. Společné jmění manželů (§ 708) covers values acquired during the marriage; gifts, inheritance and pre-marital property remain separate.
- Support (§ 913): justified needs of the child weighed against the parents' abilities, earnings and assets.
- Succession: titles are závěť, dědická smlouva and zákon. Statutory classes: children and spouse; parents and those who shared the household; siblings; their children. Nepominutelní dědicové (§ 1643) are children - minors at least three quarters, adults at least one quarter of the statutory share. Disinheritance only for the statutory reasons (§ 1646).
Worked example
A builder damaged a roof in May 2018; the owner discovered the defect and identified the builder in June 2019 and sues in 2021. The three-year period from knowledge runs to June 2022, so the claim is timely and the ten-year cap from 2018 is far from reached. Had the owner sued in 2029, the debtor would raise the objective cap and the court, bound by § 610, could not do it on its own motion.
Traps
Treating limitation as extinguishing the debt (it is a defence that must be raised); applying commercial provisions to a consumer case; assuming the court will annul an absolutely invalid act for the parties; confusing the order of the succession classes and the nepominutelný podíl fractions.