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Czech Notary Exam study materials
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Czech Notary Exam practice questions

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Question 1Integrated role knowledge and Czech legal background

Under Section 6 of the Czech Notarial Code, what is the legal character of a notarial deed (notářský zápis) that satisfies the statutory requirements?

  1. It is an authentic public instrument (veřejná listina) which confirms the truth of what is stated therein, unless proven otherwise Correct answer.
  2. It is a private written contract that has merely advisory evidentiary status in civil litigation
  3. It is an administrative permit issued on behalf of the Ministry of the Interior
  4. It is a preliminary judicial resolution that expires after six months unless confirmed by a court

Explanation

Section 6 of the Notarial Code establishes that notarial deeds are public instruments (veřejné listiny). Under Section 134 of the Civil Procedure Code, a public instrument proves the veracity of what is affirmed in it unless the contrary is proven, reversing the burden of proof regarding its contents and execution.

Question 2Integrated role knowledge and Czech legal background

Under Section 71b of the Czech Notarial Code (NŘ), what is a notarial deed with consent to direct enforceability (notářský zápis se svolením k vykonatelnosti)?

  1. An authentic deed wherein a debtor consents that, upon failure to fulfill a specified obligation by a certain due date, the deed shall be directly enforceable as an execution title without prior court litigation Correct answer.
  2. A criminal plea agreement signed before a notary in lieu of trial
  3. A deed where the debtor agrees to be immediately imprisoned by the notary upon defaulting
  4. An agreement granting the creditor ownership of all future inheritance of the debtor

Explanation

Section 71b NŘ provides that a notary may draw up a deed on an agreement whereby a party undertakes to perform an obligation, and explicitly agrees that upon failure to perform by the due date, the deed shall be directly enforceable. This creates an extrajudicial execution title under Section 274(1)(e) OSŘ and Section 40(1)(d) of the Enforcement Code.

Question 3Integrated role knowledge and Czech legal background

Under Section 56 of the Czech Notarial Code, what is the scope of a notary's statutory duty of confidentiality (mlčenlivost)?

  1. The notary is bound to maintain secrecy regarding all facts learned in connection with the performance of notarial activity, which continues even after termination of office, unless relieved of this duty by the client or by statute Correct answer.
  2. The notary is only bound to confidentiality during office business hours between 9:00 AM and 5:00 PM
  3. The notary must report all private wills and family secrets to local municipal councils annually
  4. The duty of confidentiality applies only to commercial transactions exceeding CZK 10,000,000

Explanation

Section 56 of Act No. 358/1992 Sb. defines confidentiality for facts learned through notarial and specified related activity that may affect the protected persons' legitimate interests. It continues after removal from office and may be lifted by the persons identified in the section, subject to statutory exceptions.

Question 4Integrated role knowledge and Czech legal background

Under Section 35d of the Czech Notarial Code (NŘ), what is the Register of Pledges (Rejstřík zástav) maintained by the Notarial Chamber of the Czech Republic (NKČR)?

  1. A non-public electronic register recording pledges over movable things that are not surrendered to the pledgee, intellectual property, receivables, and aggregate things Correct answer.
  2. A public bulletin board where defaulted debtors' names and photos are displayed
  3. An internal municipal registry of pawnshops operating within Prague
  4. A database of court bailiff vehicle auctions

Explanation

Section 35d NŘ and Section 1319(2) NOZ establish the Register of Pledges (Rejstřík zástav), maintained centrally in electronic form by NKČR. Pledges over movables without physical transfer (bez odevzdání věci), over plants/enterprises, or aggregate assets take legal effect upon entry into this register by a notary.

Question 5Integrated role knowledge and Czech legal background

Under Sections 81 to 89 of the Czech Notarial Code (NŘ), how is a notarial escrow (notářská úschova) for the purpose of securing contract performance administered?

  1. The notary deposits the funds into a separate, designated escrow bank account opened specifically for that transaction, completely segregated from the notary's personal and operational funds Correct answer.
  2. The notary deposits the funds into a personal checking account to earn interest
  3. The funds are stored in physical cash envelopes kept in the trunk of the notary's car
  4. The escrow money is automatically invested into short-term municipal bonds

Explanation

Under Section 86 NŘ and NKČR regulations, money accepted into notarial escrow must be held in an individual special escrow bank account (účet notářské úschovy) maintained separately for each escrow protocol. Commingling with the notary's operational or private funds is strictly prohibited and constitutes a grave disciplinary offense.

Question 6Integrated role knowledge and Czech legal background

Under Section 57 of the Czech Notarial Code, what is the civil liability regime of a notary for damage caused in connection with the performance of notarial activities?

  1. The notary is liable for damage caused to a client or third party, with strict liability that can be relieved only if the damage could not have been prevented even with all reasonable effort Correct answer.
  2. The notary is completely immune from civil liability under sovereign state immunity
  3. Liability is limited to a maximum statutory cap of CZK 50,000 per transaction
  4. The notary is liable only if convicted of intentional fraud in a criminal court

Explanation

Section 57(1) NŘ imposes liability on the notary for damage caused in connection with notarial activities. Under Section 57(2), the notary is exonerated only if they prove that the damage could not have been prevented even when exercising all diligence that could reasonably be expected. Notaries are required to maintain mandatory professional indemnity insurance under Section 14.

Question 7Integrated role knowledge and Czech legal background

Under Section 63 of the Czech Notarial Code, which of the following is NOT a mandatory statutory requirement for the content of an authentic notarial deed (notářský zápis)?

  1. The personal astrological horoscope of each participating party Correct answer.
  2. The place, day, month, and year of the legal act
  3. The first name, surname, seat, and office address of the notary
  4. The declaration of the participants that the deed was read to them and approved by them

Explanation

Section 63 NŘ lists the mandatory contents of a notarial deed: date and place, identification of notary, identification of participants/witnesses/interpreters, statement of the legal act, declaration that the deed was read and approved, signatures, and notarial seal. Astrological signs have zero legal relevance.

Question 8Integrated role knowledge and Czech legal background

Under Section 74 of the Czech Notarial Code, what is the distinction between vidimation (vidimace) and legalization (legalizace) performed by a notary?

  1. Vidimation certifies that a transcript or copy corresponds verbatim with the presented document, whereas legalization certifies the authenticity of a person's signature Correct answer.
  2. Vidimation applies only to foreign passports, while legalization applies only to bank promissory notes
  3. Legalization validates the substantive truth and lawfulness of the signed contract, while vidimation does not
  4. There is no difference; vidimation and legalization are synonymous terms in Czech law

Explanation

Under Section 73 NŘ, vidimation (vidimace) certifies that a duplicate/copy matches the submitted original document verbatim. Under Section 74 NŘ, legalization (legalizace) certifies that the person signed the document in the notary's presence or recognized the signature as their own. Neither certifies the substantive legality or veracity of the document's content.

Question 9Integrated role knowledge and Czech legal background

What is the principal role of Decree No. 196/2001 Sb. (Notary Tariff / Notářský tarif) in determining remuneration for notarial activities?

  1. It supplies fixed amounts and value-based scales for the acts and proceedings covered by the tariff Correct answer.
  2. By free hourly market rate bidding negotiated privately with each client without statutory limits
  3. As a mandatory contingency fee equal to 30% of the estate assets
  4. By voluntary donations placed into a court collection box

Explanation

The Notary Tariff supplies fixed amounts and graduated value-based calculations for the notarial acts and proceedings it covers. The exact fee depends on the relevant tariff provision and activity; the former explanation's blanket statement that no remuneration can ever differ above or below the tariff was too broad for every service a notary may provide.

Question 10Integrated role knowledge and Czech legal background

Under Section 35j of the Czech Notarial Code, what is the List of Documents on Matrimonial Property Regimes (Seznam listin o manželském majetkovém režimu)?

  1. A public electronic register maintained by the Notarial Chamber where matrimonial property agreements modifying statutory community property (SJM) are registered to take effect against third parties Correct answer.
  2. A confidential police file listing spouses suspected of tax evasion
  3. A registry of marriage certificates kept by the municipal registry office (matrika)
  4. An internal church register of religious weddings

Explanation

Section 35j NŘ establishes the electronic register of matrimonial property documents. Contracts modifying statutory matrimonial property (e.g. separation of property, prenuptial agreements) or court decisions modifying SJM are recorded here. Under Section 721 NOZ, registration enables spouses to invoke the modified regime against third parties unconditionally.

Question 11Integrated role knowledge and Czech legal background

Under Section 1481 of the Czech Civil Code (Act No. 89/2012 Sb., NOZ), when is a person disqualified from the right of succession on grounds of inheritance unworthiness (dědická nezpůsobilost)?

  1. If the person committed an intentional criminal act against the deceased, their ancestor, descendant, or spouse, or committed an intentional heinous act against the deceased's last will, unless expressly forgiven by the deceased Correct answer.
  2. If the heir failed to complete a university education before age 25
  3. If the heir converted to a different religious denomination without the testator's consent
  4. If the heir has outstanding consumer loans registered in the bank credit bureau

Explanation

Section 1481 NOZ provides that anyone who committed an intentional crime against the decedent, their ancestor, descendant, or spouse, or committed a reprehensible act against the decedent's manifestation of last will (e.g. forging or concealing a will), is excluded from succession as unworthy, unless the decedent explicitly granted forgiveness.

Question 12Integrated role knowledge and Czech legal background

Under Section 1484 of the Czech Civil Code, what is a renunciation / waiver of the right of succession (zřeknutí se dědického práva)?

  1. A contractual agreement concluded inter vivos between the potential heir and the future decedent by an authentic notarial deed, in advance of succession Correct answer.
  2. An oral statement made by the heir to a hospital nurse shortly before the testator dies
  3. A declaration made after the decedent's death before the court commissioner during probate
  4. An irrevocable transfer of inheritance rights to the state treasury

Explanation

Section 1484(1) NOZ establishes that an heir may renounce the right of succession in advance by a contract concluded with the decedent during their lifetime. Under Section 1484(2), such contract requires the form of a notarial deed (notářský zápis).

Question 13Integrated role knowledge and Czech legal background

Under Section 1486 and Section 1487 of the Czech Civil Code, what is the deadline and form for an heir to refuse an inheritance (odmítnutí dědictví) after the decedent's death?

  1. The heir may refuse within one month from the day the court notified them of the right to refuse (three months if living abroad), by explicit declaration before the court commissioner Correct answer.
  2. Within 24 hours of the funeral by sending a certified telegram
  3. Within ten years under the general objective property limitation period
  4. At any time up until the final distribution of cash dividends by the estate executor

Explanation

Section 1487(1) NOZ provides that refusal of inheritance requires an explicit declaration to the probate court within one month from the day the court notified the heir of their right to refuse and its consequences (extended to 3 months for heirs residing abroad). Under Section 1488, refusal is irrevocable.

Question 14Integrated role knowledge and Czech legal background

Under Section 1490 of the Czech Civil Code, what is surrender of inheritance (vzdání se dědictví)?

  1. An heir who has not refused the inheritance declares before the probate court that they surrender the inheritance in favor of another co-heir, with that co-heir's consent Correct answer.
  2. An heir leaves the country and refuses to answer telephone calls from the notary
  3. An heir surrenders all estate property to the Ministry of Finance to pay off sovereign public debt
  4. The automatic loss of inheritance rights due to bankruptcy proceedings

Explanation

Section 1490(1) NOZ provides that an heir who did not refuse the inheritance may surrender it in the probate proceedings before the court in favor of another heir, provided that heir consents. If the surrendering heir has debts, creditors can challenge the surrender under fraudulent transfer rules.

Question 15Integrated role knowledge and Czech legal background

Under Section 1582 of the Czech Civil Code, what is an inheritance contract (dědická smlouva) and what portion of the estate can be disposed of by it?

  1. A bilateral contract concluded in the form of a notarial deed where the testator institutes the other party or a third party as heir; it cannot dispose of the entirety of the estate as at least one quarter must remain free of contractual obligations Correct answer.
  2. An informal pact between siblings dividing the family home that takes precedence over any will
  3. A commercial contract where a corporation buys the rights to an employee's future estate
  4. An agreement that can dispose of 100% of all current and future property with no restrictions

Explanation

Section 1582 and Section 1585 NOZ regulate inheritance contracts: it must be executed as an authentic notarial deed. Section 1585(1) NOZ establishes the mandatory free quarter rule: the inheritance contract cannot dispose of the entire estate; one quarter of the estate must remain completely free so that the testator can dispose of it according to their free will.

Question 16Integrated role knowledge and Czech legal background

Under Section 1643 of the Czech Civil Code, who are non-omissible heirs (nepominutelní dědici) and what are their statutory forced shares (povinný díl)?

  1. Children of the deceased (or their descendants); a minor forced heir must receive at least 3/4 of their statutory inheritance share, and an adult forced heir at least 1/4 of their statutory inheritance share Correct answer.
  2. The surviving spouse and parents; each receives exactly 50% of the entire estate
  3. Only the eldest son; he receives the entire estate under the principle of primogeniture
  4. All siblings of the deceased; each receives a mandatory monthly state pension

Explanation

Under Section 1643(1) and (2) NOZ, non-omissible heirs are solely children of the decedent (and their descendants if children predeceased). A minor heir is entitled to at least three quarters (3/4) and an adult heir to at least one quarter (1/4) of the statutory intestate share they would receive under statutory succession.

Question 17Integrated role knowledge and Czech legal background

Under Section 1646 of the Czech Civil Code, on which statutory grounds may a testator disinherit (vydědit) a non-omissible heir in a deed of disinheritance?

  1. If the descendant failed to provide needed assistance in sickness or old age, does not show genuine interest, was convicted of an intentional crime showing perverted disposition, or leads a permanently unorderly life Correct answer.
  2. If the descendant married someone from another social class or political party
  3. If the descendant chose an artistic profession instead of studying law or medicine
  4. A testator can disinherit any descendant arbitrarily without stating any reason

Explanation

Section 1646(1) NOZ exhaustively enumerates the four statutory grounds for disinheriting a non-omissible heir: (a) failure to provide necessary aid in distress, (b) failure to manifest genuine interest contrary to morals, (c) conviction of an intentional crime demonstrating perverted nature, or (d) permanently leading an unorderly life.

Question 18Integrated role knowledge and Czech legal background

Under Section 1674 of the Czech Civil Code, what is the legal effect if an heir exercises the reservation of inventory (výhrada soupisu pozůstalosti)?

  1. The heir is liable for the debts of the deceased only up to the value of the acquired inheritance assets (pro viribus patrimonii) Correct answer.
  2. The heir is exempted from paying any debts of the deceased under all circumstances
  3. The heir must personally pay all debts of the deceased out of their own private wealth without limit
  4. The inheritance is automatically transferred to the local municipal council

Explanation

Section 1674(1) and Section 1706 NOZ establish the benefit of inventory: if an heir exercises the reservation of an inventory (výhrada soupisu), their liability for estate debts is limited to the ascertained value of the inheritance they acquire. If the heir does not reserve an inventory, they are liable for all debts indefinitely (ultra vires patrimonii).

Question 19Integrated role knowledge and Czech legal background

Under Section 1635(1) of the Czech Civil Code, who inherits in the first class of statutory heirs (první třída dědiců ze zákona)?

  1. The decedent's children and spouse, each inheriting in equal shares Correct answer.
  2. The decedent's spouse alone in full
  3. The decedent's parents and siblings in equal shares
  4. The state as an escheat (odúmrť)

Explanation

Section 1635(1) NOZ provides that in the first class of heirs, the decedent's children and spouse inherit in equal parts. If a child does not inherit, their share passes to their own children (grandchildren) under paragraph 2.

Question 20Integrated role knowledge and Czech legal background

Under Section 1636(2) of the Czech Civil Code, what minimum statutory share must the surviving spouse receive if inheriting in the second class of statutory heirs?

  1. The surviving spouse always receives at least one half (1/2) of the estate Correct answer.
  2. The surviving spouse receives exactly one third of the estate
  3. The surviving spouse receives 100% of the estate automatically
  4. The surviving spouse receives only household furnishings and no real estate

Explanation

Section 1636(2) NOZ stipulates that in the second class of heirs (where the decedent left no children, so the spouse inherits alongside the decedent's parents and persons who lived with the decedent in a common household for at least one year), the spouse always receives at least one-half of the inheritance.

Question 21Integrated role knowledge and Czech legal background

Under Act No. 292/2013 Sb. (Act on Special Court Proceedings, ZŘS), what is the legal position of a notary in probate proceedings?

  1. The notary acts as a court-appointed judicial commissioner (soudní komisař), performing the entrusted acts and issuing authorized decisions while matters reserved by law remain with the judge Correct answer.
  2. The notary acts as an attorney representing the most vocal heir against the others
  3. The notary serves merely as an unsworn minutes clerk without any decision-making authority
  4. The notary acts as a private commercial liquidator hired by estate creditors

Explanation

Under Section 100 et seq. of Act No. 292/2013 Sb., the district court entrusts a notary to act as soudní komisař. The notary performs the procedural acts and makes the decisions authorized by the statute on the court's behalf; this should not be overstated as literally every act where the law reserves a matter to a judge.

Question 22Integrated role knowledge and Czech legal background

Under Section 154 of Act No. 292/2013 Sb. (ZŘS), what does the notary acting as court commissioner do if the estate property is entirely without value or of only negligible value (nepatrný majetek)?

  1. The court stops the proceedings and releases the negligible property to the person who arranged the decedent's funeral Correct answer.
  2. The property is confiscated by the police and sold at public auction
  3. The court requires the heirs to pay a minimum penalty of CZK 100,000
  4. The proceedings must be continued for at least five years to search for hidden offshore accounts

Explanation

Section 154 ZŘS provides that if the decedent left no property or only property of negligible value (nepatrný majetek), the court (acting through the notary as judicial commissioner) halts the proceedings and surrenders the property to the person who took care of the funeral, with their consent.

Question 23Integrated role knowledge and Czech legal background

Under Section 1556 of the Czech Civil Code, who may manage the estate prior to the conclusion of probate proceedings?

  1. The estate administrator (správce pozůstalosti) appointed by the testator in a will (in the form of a notarial deed), or appointed by the court commissioner if necessary Correct answer.
  2. Any neighbor who holds the key to the decedent's apartment
  3. The municipal tax collector without court oversight
  4. The estate cannot be managed by anyone and must remain completely sealed under all circumstances

Explanation

Under Section 1556 NOZ, the estate administrator (správce pozůstalosti) designated by the testator in a notarial deed administers the estate during probate. Under Section 157 ZŘS, if the testator did not appoint an administrator, the court commissioner may appoint one if necessary for the preservation of assets (e.g. running a business).

Question 24Integrated role knowledge and Czech legal background

Under Regulation (EU) No 650/2012 (European Succession Regulation), what is the European Certificate of Succession (evropské dědické osvědčení) issued by a Czech notary?

  1. A uniform document proving the status and rights of an heir, legatee, or estate executor across all EU Member States without requiring separate domestic probate proceedings in each country Correct answer.
  2. A tourist visa issued to heirs traveling across the Schengen Area
  3. A tax exemption certificate eliminating all inheritance taxes across Europe
  4. A document that can only be issued by the European Court of Justice in Luxembourg

Explanation

Under Chapter VI (Articles 62-73) of Regulation (EU) No 650/2012 and Section 228 et seq. ZŘS, the European Certificate of Succession is issued by the judicial commissioner (notary). It provides authoritative, cross-border evidentiary proof of heirship, legacy rights, or estate administration powers across EU Member States.

Question 25Integrated role knowledge and Czech legal background

Under Section 1658 of the Czech Civil Code, what is collation (započtení na povinný díl a dědický podíl / kolace)?

  1. A succession calculation that takes specified gratuitous benefits received from the decedent into account against a forced or inheritance share when the statutory conditions apply Correct answer.
  2. A mandatory court fee charged for filing multiple copies of a will
  3. The division of debts between secured and unsecured banking creditors
  4. A procedure where all cash assets are converted into gold bullion

Explanation

Sections 1658-1664 govern when specified gratuitous benefits are brought into the calculation of a forced share or an heir's share. Collation is not an automatic rule that every lifetime gift to every heir must always be set off; the statutory category, timing, testator's direction, and possible court decision matter.

Question 26Integrated role knowledge and Czech legal background

Under Section 716 of the Czech Civil Code, what formal requirement is mandatory for agreements modifying the statutory matrimonial property regime (SJM)?

  1. The agreement must be in the form of an authentic notarial deed (notářský zápis) Correct answer.
  2. An informal written agreement signed by the spouses in the presence of two witnesses is sufficient
  3. An oral agreement recorded on a wedding video is legally binding
  4. The agreement requires approval by a district court judge in a public hearing

Explanation

Section 716(2) NOZ establishes that an agreement modifying the statutory regime of community property (such as establishing a regime of separate property, reservation of the creation of community property, or expansion/reduction of community property) requires the form of an authentic notarial deed (notářský zápis) under penalty of invalidity.

Question 27Integrated role knowledge and Czech legal background

Under Section 506(1) of the Czech Civil Code, what fundamental Roman law principle was re-established regarding real estate in Czech law?

  1. Superficies solo cedit (the surface yields to the ground): a structure firmly attached to land, as well as plants rooted in the ground, forms an integral part of the land Correct answer.
  2. Structures always constitute separate independent real estate from the land beneath them
  3. Ownership of land is limited to the top 10 centimeters of topsoil
  4. All real estate is owned collectively by the municipality

Explanation

Section 506(1) NOZ returned the principle 'superficies solo cedit' to Czech law: parts of the surface space, structures firmly attached to the ground (with statutory exceptions for temporary structures, underground engineering networks, and utility easements under Section 509), and underground spaces form integral parts of the plot of land.

Question 28Integrated role knowledge and Czech legal background

Under Act No. 256/2013 Sb. (Cadastral Act / Katastrální zákon), what is the difference between entry (vklad), record (záznam), and note (poznámka)?

  1. Vklad is the constitutive mode of registration for rights in rem (ownership, pledge, easement), záznam records rights created by law or state authorities, and poznámka registers informational or procedural facts (e.g. pending litigation or enforcement) Correct answer.
  2. Vklad applies only to state forests, while záznam applies only to family houses
  3. Poznámka creates ownership automatically without any contract
  4. There is no difference; all entries in the cadastre have identical legal effects

Explanation

Under Sections 6, 11, and 19 of Act No. 256/2013 Sb., vklad has constitutive (rights-creating) effect for contractual rights in rem (ownership, mortgage, easement). Záznam is declaratory, recording rights established directly by law or final decisions of public authorities. Poznámka publishes procedural disputes, bankruptcies, or execution orders.

Question 29Integrated role knowledge and Czech legal background

Under Section 984 of the Czech Civil Code, how does the principle of material publicity / public faith (zásada materiální publicity) protect a person who acquires real estate in good faith from a registered owner?

  1. If the recorded state in the public register does not correspond to the true legal status, the recorded state is deemed true and complete in favor of a person who acquired the right in rem for consideration and in good faith from the person registered as owner Correct answer.
  2. The registered entry has no legal effect if the true historical owner challenges it within 100 years
  3. A bona fide purchaser must surrender the real estate to any unregistered claimant without compensation
  4. Public faith applies only if the purchaser is a licensed Czech bank

Explanation

Section 984(1) NOZ codifies the principle of material publicity: if the condition entered in a public register does not correspond to the actual legal reality, the entered state is decisive in favor of a person who acquired a right in rem for value (úplatně) and in good faith (v dobré víře) from the registered person.

Question 30Integrated role knowledge and Czech legal background

Under Sections 1257 and 1303 of the Czech Civil Code, what is the distinction between a servitude (služebnost) and a real encumbrance (reálné břemeno)?

  1. A servitude obliges the owner of the encumbered property to tolerate something or refrain from something (pati / non facere), whereas a real encumbrance obliges the owner to actively give or perform something to the entitled person (dare / facere) Correct answer.
  2. A servitude applies only to agricultural tractors, while a real encumbrance applies to ships
  3. A real encumbrance can only be created by an oral agreement without cadastral registration
  4. A servitude is automatically extinguished whenever the encumbered land is sold

Explanation

Section 1257(1) NOZ defines servitudes (služebnosti), where the burdened owner must endure or abstain (e.g. right of way, pipeline easement). In contrast, Section 1303(1) NOZ defines real encumbrances (reálná břemena), where the owner of the encumbered property is bound to provide active performance (e.g. provide life annuity or seasonal food supplies to a former owner).

Question 31Integrated role knowledge and Czech legal background

Under Section 1126 of the Czech Civil Code, what majority of votes is standardly required for decisions regarding ordinary management (běžná správa) of common property among co-owners?

  1. A simple majority of votes, calculated according to the size of the co-ownership shares Correct answer.
  2. Unanimous consent of all co-owners without exception
  3. A two-thirds majority of heads regardless of share size
  4. Approval by a district court judge prior to every decision

Explanation

Section 1126(1) NOZ provides that decisions on the administration of common property are taken by a majority of votes, calculated according to the size of the co-owners' shares (podíly). Important alterations or encumbrances require a two-thirds majority under Section 1128.

Question 32Integrated role knowledge and Czech legal background

Under Section 1140 of the Czech Civil Code, what is the right of a co-owner regarding the cancellation and settlement of co-ownership (zrušení a vypořádání spoluvlastnictví)?

  1. Nobody can be forced to remain in co-ownership; every co-owner may demand cancellation and settlement at any time, unless at an untimely moment or to the detriment of others Correct answer.
  2. A co-owner can demand cancellation only after holding the share for at least 50 years
  3. Co-ownership cannot be cancelled if any co-owner objects verbally
  4. Settlement can only be effected by transferring the entire property to the state

Explanation

Section 1140(1) and (2) NOZ establishes the principle of freedom from forced co-ownership: no one can be compelled to remain in co-ownership. Any co-owner can seek cancellation and division at any time, unless the demand is made at an improper time (nevhodná doba) or causes unjustified harm.

Question 33Integrated role knowledge and Czech legal background

Under Section 1311 of the Czech Civil Code, what is a mortgage / pledge over real estate (zástavní právo k nemovité věci) and how is it created when the real estate is registered in the cadastre?

  1. It is created by registration (vklad) into the cadastral register on the basis of a written mortgage agreement Correct answer.
  2. It is created upon the oral promise of the debtor in the presence of the bank manager
  3. It is created only when the bank physically takes possession of the front door keys
  4. It is created automatically whenever someone opens a checking account

Explanation

Section 1316 NOZ provides that a pledge over real estate recorded in the public cadastre arises upon entry (vklad) into the cadastral register. The mortgage agreement must be in writing under Section 1314(1) NOZ.

Question 34Integrated role knowledge and Czech legal background

Under Section 1105 of the Czech Civil Code, when does ownership of real estate recorded in the public cadastre pass to the buyer under a purchase contract?

  1. Upon entry of the ownership right into the cadastral register (zápisem do katastru nemovitostí / vkladem), with legal effects retroactive to the moment the application for entry was submitted Correct answer.
  2. Upon the signing of the purchase contract by the parties
  3. Upon physical handover of the keys to the building
  4. Upon payment of the full purchase price to the seller's bank account

Explanation

Section 1105 NOZ establishes the intabulation principle: if ownership of real property registered in a public register is transferred, the right is acquired by entry into that register (vklad). Under Section 10 of Act No. 256/2013 Sb., the legal effects of the entry take effect retroactively to the date and time when the application for vklad was delivered to the cadastral office.

Question 35Integrated role knowledge and Czech legal background

Under Section 986 of the Czech Civil Code, what is a note of contentious registration (poznámka spornosti zápisu) and within what deadline must the affected person seek it?

  1. A note entered in the cadastre by an affected person whose right was infringed by an incorrect entry; if the person was properly notified of the entry, they must apply for the note within one month from learning of it (and file a lawsuit within two months) Correct answer.
  2. A note indicating that the real estate is contaminated with toxic industrial waste
  3. A note warning potential buyers that the owner owes child alimony
  4. An irrevocable court order demolishing the building

Explanation

Section 986(1) NOZ allows a person whose right in rem was impaired by an entry made without legal title to request a note of disputability (poznámka spornosti). If notified of the entry, they must apply within one month; if not notified, within three years (objective limit). They must file an in rem court action within two months after the note application.

Question 36Integrated role knowledge and Czech legal background

Under Section 1765 of the Czech Civil Code, what is the doctrine of substantial change in circumstances (podstatná změna okolností / clausula rebus sic stantibus)?

  1. If a substantial change in circumstances occurs that creates a gross disproportion in the rights and obligations of the parties by disproportionately increasing performance costs or decreasing the value of consideration, the affected party may demand renegotiation of the contract, unless they assumed the risk of change in circumstances Correct answer.
  2. Any change in weather automatically discharges all contractual obligations
  3. A party can terminate any contract without penalty whenever market inflation exceeds 2%
  4. The court can rewrite any private contract ex officio without party motion

Explanation

Section 1765(1) and Section 1766 NOZ establish the hardship doctrine: an unforeseen, substantial change creating a gross disparity allows the disadvantaged party to demand contract renegotiation. If agreement is not reached within a reasonable time, the court may alter or extinguish the obligation. Under Section 1765(2), parties can contractually waive this right by assuming the risk of change in circumstances.

Question 37Integrated role knowledge and Czech legal background

Under Section 2001 of the Czech Civil Code, when may a party withdraw from a contract (odstoupení od smlouvy)?

  1. Only in cases stipulated by contract or provided by statute, especially upon a fundamental breach of contract (podstatné porušení smlouvy) Correct answer.
  2. At any time without stating any reason and without paying compensation
  3. Only after obtaining written permission from the regional commercial court
  4. Whenever the party decides they no longer find the transaction profitable

Explanation

Section 2001 and Section 2002 NOZ provide that a party may withdraw from a contract if agreed between the parties or if the other party breaches the contract in a fundamental manner (podstatné porušení). A fundamental breach is one that the breaching party knew or ought to have known would have deterred the other party from contracting.

Question 38Integrated role knowledge and Czech legal background

Under Section 2018 of the Czech Civil Code, what is the legal position of a surety (ručitel)?

  1. The surety undertakes toward the creditor to satisfy the debt if the principal debtor fails to perform after being called upon by the creditor in writing Correct answer.
  2. The surety becomes the primary debtor and must pay before the creditor contacts the original borrower
  3. The surety acquires 50% ownership of the debtor's business automatically
  4. The surety's obligation is extinguished if the debtor changes jobs

Explanation

Sections 2018 and 2021 define suretyship: the surety undertakes to satisfy the creditor if the debtor does not. The creditor generally may demand from the surety after an unsuccessful written demand to the debtor; the demand is unnecessary where the debtor cannot perform it.

Question 39Integrated role knowledge and Czech legal background

Under Section 1888 of the Czech Civil Code, what occurs upon an assumption of debt (převzetí dluhu)?

  1. A third party assumes the debtor's debt by contract with the debtor; the third party becomes the new debtor in place of the original debtor only if the creditor gives consent Correct answer.
  2. The creditor is forced to accept the new debtor without having any right of consent
  3. The debt is doubled and shared equally between the old and new debtors
  4. The original debt is automatically extinguished and replaced by a state grant

Explanation

Section 1888(1) NOZ establishes that whoever agrees with a debtor to assume their debt steps into the debtor's place. The new debtor becomes bound toward the creditor only if the creditor gives consent (souhlas věřitele). Without creditor consent, the agreement operates merely as an assumption of performance (přistoupení k plnění under Section 1889).

Question 40Integrated role knowledge and Czech legal background

Under Section 1998 of the Czech Civil Code, what is a settlement agreement (narovnání)?

  1. An agreement whereby the parties replace their hitherto disputed or doubtful obligations with new, agreed obligations Correct answer.
  2. A court fine imposed on both litigants for taking too long to conclude trial
  3. An agreement where all mutual claims are extinguished without replacement
  4. A declaration by the notary that a contract was signed under duress

Explanation

Section 1998(1) NOZ defines narovnání: by a settlement agreement, the parties replace existing rights and obligations that were doubtful or contested with newly defined obligations. It eliminates legal uncertainty regarding pre-existing legal relationships.

Question 41Integrated role knowledge and Czech legal background

Under Section 8 of the Czech Business Corporations Act (Act No. 90/2012 Sb., ZOK), what formal requirement applies to the founding deed (zakladatelské právní jednání) of a capital company (s.r.o. or a.s.)?

  1. It must take the form of an authentic notarial deed (notářský zápis) Correct answer.
  2. It may be drawn up as a simple uncertified private document
  3. It can be concluded by an oral declaration before a municipal clerk
  4. It is valid only if confirmed by a referendum of all municipal voters

Explanation

Section 8(1) ZOK requires that the founding legal act of a commercial capital company (memorandum of association / společenská smlouva or charter / zakladatelská listina of an s.r.o. or a.s.) must take the form of an authentic notarial deed (notářský zápis).

Question 42Integrated role knowledge and Czech legal background

Under Section 108 of Act No. 304/2013 Sb. (Public Registers Act / Zákon o veřejných rejstřících), what authority belongs to a Czech notary regarding public commercial register entries?

  1. The notary is empowered to perform direct entry (přímý zápis) of recorded facts into the commercial register without court proceedings, provided the statutory conditions are met Correct answer.
  2. The notary can only submit paper recommendations to the regional court registry
  3. The notary may delete any registered company ex officio without cause
  4. The notary is strictly prohibited from accessing the public register databases

Explanation

Under Section 108 et seq. of Act No. 304/2013 Sb., notaries have direct registration authority: a notary who drew up the underlying notarial deed can enter the company or recorded amendments directly into the commercial register electronically, bypassing court registration proceedings and ensuring immediate registration.

Question 43Integrated role knowledge and Czech legal background

Under Section 109 of Act No. 304/2013 Sb., which prerequisite must be fulfilled before a notary can make a direct entry into the public register?

  1. The recorded facts must be documented in a notarial deed drawn up by that notary, all legally required supporting documents must be presented, and the notary must verify that no dispute exists Correct answer.
  2. The applicant must pay an extraordinary executive surcharge of CZK 500,000 to the Notarial Chamber
  3. The regional court must issue a preliminary injunction allowing the notary to log into the database
  4. All registered employees of the corporation must sign a unanimous petition of approval

Explanation

Section 109(1) of Act No. 304/2013 Sb. outlines the prerequisites for direct entry: (a) the registered facts have their basis in a notarial deed drafted by the officiating notary, (b) the notarial deed certifies the legality of the acts, and (c) all statutory annexes have been verified and submitted.

Question 44Integrated role knowledge and Czech legal background

Under Section 416 of the Czech Business Corporations Act (ZOK), in what form must a decision of a general meeting (valná hromada) of a joint-stock company (a.s.) altering its articles of association (stanovy) be certified?

  1. In the form of an authentic notarial deed (notářský zápis) Correct answer.
  2. In an informal audio recording stored on a USB flash drive
  3. In written minutes signed by two ordinary shareholders with no verification
  4. By an email sent to all registered shareholders from the corporate domain

Explanation

Section 416(1) ZOK provides that if a general meeting of a joint-stock company decides on an amendment to the articles of association (stanovy), or on matters whose effects alter the articles, a notarial deed must be drawn up on this decision under penalty of nullity.

Question 45Integrated role knowledge and Czech legal background

Under Section 171(1) of the Czech Business Corporations Act (ZOK), what majority is required at a general meeting of an s.r.o. to amend the memorandum of association (společenská smlouva)?

  1. Consent of at least two-thirds of the votes of all shareholders (or higher if required by the memorandum of association), certified by a notarial deed Correct answer.
  2. A simple majority of votes present at the meeting
  3. Unanimous consent of the supervisory board alone
  4. A majority of 10% of shareholders holding preference shares

Explanation

Section 171(1) ZOK requires the consent of at least two thirds of the votes of all shareholders for an amendment to the memorandum of association of an s.r.o., certified by a notarial deed under Section 172(1). The memorandum of association may stipulate a higher majority or require the consent of all shareholders.

Question 46Integrated role knowledge and Czech legal background

Under Section 142 of the Czech Business Corporations Act (ZOK), what is the statutory minimum contribution (vklad) of a shareholder in a limited liability company (s.r.o.)?

  1. At least CZK 1, unless the memorandum of association specifies a higher amount Correct answer.
  2. At least CZK 200,000
  3. At least CZK 2,000,000
  4. At least CZK 50,000

Explanation

Section 142(1) ZOK provides that the minimum contribution of a shareholder in an s.r.o. is CZK 1, unless the memorandum of association determines a higher amount. This modernized the earlier 1991 commercial code threshold of CZK 20,000.

Question 47Integrated role knowledge and Czech legal background

Under Section 246 of the Czech Business Corporations Act (ZOK), what is the statutory minimum registered capital (základní kapitál) of a joint-stock company (akciová společnost, a.s.)?

  1. CZK 2,000,000, or EUR 80,000 if the company maintains its accounts in euros Correct answer.
  2. CZK 100,000
  3. CZK 20,000,000
  4. CZK 1

Explanation

Section 246(2) ZOK establishes that the registered capital of a joint-stock company must be at least CZK 2,000,000, or EUR 80,000 if the corporation keeps its accounting in euros pursuant to special legal regulations.

Question 48Integrated role knowledge and Czech legal background

Under Section 146(2) of the Czech Business Corporations Act (ZOK), how can a shareholder's ownership share in an s.r.o. be represented if permitted by the memorandum of association?

  1. By an ownership certificate (kmenový list), which is a security to order (cenný papír na řad) Correct answer.
  2. By bearer bearer bonds traded anonymously on the street
  3. By an encrypted cryptocurrency token issued without statutory authorization
  4. An s.r.o. share cannot ever be embodied into any security

Explanation

Section 137(2) and Section 146(2) ZOK provide that if the memorandum of association permits, a share in an s.r.o. may be represented by a kmenový list (ownership certificate), which is an order security. It is transferred by endorsement and physical handover under Section 1103(2) NOZ.

Question 49Integrated role knowledge and Czech legal background

Under Section 11 of Act No. 125/2008 Sb. (Act on Transformations of Commercial Companies and Cooperatives), in what form must a transformation project (projekt přeměny) be executed?

  1. In written form; the resolution of the supreme body approving the transformation requires the form of an authentic notarial deed Correct answer.
  2. In an informal oral declaration before the municipal mayor
  3. Through an online survey conducted on the company's public website
  4. No written project is required if the board of directors agrees unanimously

Explanation

Under Section 15 and Section 17 of Act No. 125/2008 Sb., the project of transformation must be drawn up in writing. The decision of the general meeting or partner meeting approving the transformation (merger, division, change of legal form) must take the form of an authentic notarial deed (notářský zápis).

Question 50Integrated role knowledge and Czech legal background

Under Sections 54-56 of the Business Corporations Act, which statement best describes the conflict-of-interest procedure when a governing-body member intends to contract with the corporation?

  1. The member must make the statutory disclosure; the competent body may prohibit a contract not in the corporation's interest, while breach does not by itself make every resulting contract automatically void Correct answer.
  2. The contract is automatically converted into an irrevocable gift to the executive
  3. The executive is automatically sentenced to two years of imprisonment by the notary
  4. The corporation is dissolved by operation of law without liquidation

Explanation

The member must disclose the intended contract and its terms to the bodies identified by the Act. The competent body may prohibit a contract that is not in the corporation's interest. A disclosure breach may engage duties and remedies, but the Business Corporations Act does not establish the former question's blanket invalidity rule for every contract concluded without notice.