Czech Bar Aptitude Test cheat sheet

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civil law is codified primarily in Act No. 89/2012 Sb., the Civil Code (občanský zákoník), effective 1 January 2014; it repealed the 1964 Civil Code and the 1963 Commercial Code.

Legal personality (právní osobnost) begins at birth, but the unborn child (nasciturus) is protected where it would have rights, especially inheritance, provided it is born alive.

Capacity to make legal acts (svéprávnost) is presumed full at 18; a court may restrict it only for a defined period, only for specified acts, and only if the person cannot independently protect their own interests.

Ownership (vlastnické právo) is the right to hold, use and dispose of a thing within legal limits; the Civil Code adopts superficies solo cedit, so buildings are part of the land unless an exception applies.

Acquisition of ownership: transfer by contract requires a valid title (titulus) plus delivery/modus; immovable property transfers on registration in the cadastre (intabulation), while movable property transfers on handover.

Contracts are formed by offer and acceptance; a consumer is a person acting outside their trade, and unfair terms in consumer contracts are void (Section 1815).

Liability for breach is strict (objective) unless the law provides otherwise; damages cover actual loss and lost profit, and compensation is limited by foreseeability and the duty to mitigate.

Inheritance: intestate succession follows four classes (children/spouse; parents/spouse; siblings/parents of spouse; grandparents); a will, inheritance contract (smlouva o dědictví) or disinheritance (vydědění) may alter this.

Prescription (promlčení) extinguishes the right to enforce a claim in court but not the right itself; the general period is three years, and rights in rem over immovables are generally imprescriptible.

Criminal liability requires a criminal offence (trestný čin) defined in Act No. 40/2009 Sb. (Criminal Code) and culpability (zavinění); offences are divided into crimes (zločiny) and misdemeanours (přestupky).

The age of criminal responsibility is 15; minors aged 15–18 are juvenile offenders (mladiství) subject to the Juvenile Justice Act No. 218/2003 Sb.

Criminal procedure is governed by Act No. 141/1961 Sb. (Criminal Procedure Code); the presiding judge (předseda senátu) or single judge directs the proceedings, and the public prosecutor represents the state.

Pre-trial proceedings are conducted by police bodies (police orgány) under supervision of the public prosecutor; judicial control is exercised by the judge for pre-trial proceedings (soudce pro přípravné řízení).

Coercive measures include detention (zadržení), arrest (zatčení), custody (vazba), house search, seizure of items and interception; custody requires a court decision within 48 hours, extendable under statutory conditions.

The main trial (hlavní líčení) is adversarial; the defendant has the right to a defence counsel, to remain silent, and to be tried within a reasonable time; the principle of immediacy and oral hearing applies.

Sentencing: the court considers the nature and gravity of the offence, the offender's circumstances, and mitigating/aggravating factors; suspended sentence (podmíněné odsouzení) is common for less serious offences.

Appeal (odvolání) may be filed within 8 days of service of the judgment; the appellate court may confirm, annul or amend; cassation (dovolání) to the Supreme Court is available in defined cases.

Extraordinary remedies include restitution of the proceedings (obnova řízení), cassation and complaint for violation of law (stížnost pro porušení zákona), filed by the Minister of Justice.

Civil procedure is governed by Act No. 99/1963 Sb. (Civil Procedure Code, o.s.ř.), which distinguishes contentious proceedings (sporné řízení) from non-contentious proceedings (nesporné řízení).

Jurisdiction: general jurisdiction is the defendant's domicile; exclusive jurisdiction applies to rights in rem over immovables (court where the property is located) and to inheritance (court of the deceased's last domicile).

A claim (žaloba) must contain the parties, the subject matter, the facts and the relief sought; the court may reject a claim that is unclear or lacks statutory requirements.

The court may order interim measures (předběžné opatření) where there is a risk of frustration of enforcement; the applicant must show a prima facie case and irreparable harm.

Evidence is presented by the parties; the court evaluates it freely (volné hodnocení důkazů) and must give reasons; the burden of proof generally lies with the party asserting the fact.

Judgments become final (právní moc) when the appeal period expires or an appeal is decided; enforceable (vykonatelnost) when the time for performance has passed.

Appeal (odvolání) lies within 15 days of service of the judgment; the appellate court reviews both facts and law and may confirm, change or remand the case.

Enforcement (exekuce) is governed by Act No. 120/2001 Sb. (Execution Code) and is carried out by a court or a private executor (soudní exekutor); the executor acts on the basis of an enforceable title.

The debtor may file a motion to suspend or stop execution (odklad/ zastavení exekuce); the execution must be proportionate and must respect the debtor's basic living needs (nezabavitelné minimum).

Business corporations are governed by Act No. 90/2012 Sb. (Business Corporations Act, ZOK) and the Civil Code; the Commercial Register (obchodní rejstřík) is kept by the regional court.

Forms of business: sole trader (OSVČ), public company (veřejná obchodní společnost, v.o.s.), limited partnership (komanditní společnost, k.s.), limited liability company (s.r.o.) and joint-stock company (a.s.).

An s.r.o. requires a minimum registered capital of CZK 1 (since 2014) and at least one founder; the a.s. requires a minimum capital of CZK 2,000,000 or EUR 80,000.

The statutory body of an s.r.o. is the executive director(s) (jednatel); the a.s. has a board of directors (představenstvo) or a supervisory board depending on the governance model.

Shareholders' resolutions are adopted by a simple majority unless the Act or articles require a qualified majority; a resolution may be annulled by a court for breach of law or the articles.

A company is liable for its debts with its own assets; shareholders are generally not liable, except for a v.o.s. (joint and several) and a k.s. (limited partners only up to their contribution).

The Business Corporations Act recognizes the concept of a beneficial owner (skutečný majitel) and requires registration in the register of beneficial owners (evidence skutečných majitelů).

Insolvency is governed by Act No. 182/2006 Sb. (Insolvency Act); the main methods are reorganization (reorganizace), bankruptcy (konkurs) and debt relief (oddlužení).

Administrative procedure is governed by Act No. 500/2004 Sb. (Administrative Procedure Code, správní řád), which applies to decisions of administrative authorities unless a special act provides otherwise.

A decision (rozhodnutí) must contain the parties, the subject matter, the legal basis, the reasoning and the instruction on remedies; it becomes final when the appeal period expires.

The general appeal period is 15 days from service of the decision; the appeal is filed with the authority that issued the decision, which may remedy it or refer it to the appellate authority.

The court review of administrative decisions is governed by Act No. 150/2002 Sb. (Administrative Procedure Code, soudní řád správní); the action must be filed within two months of service of the decision.

Administrative courts may annul a decision, declare it void (nicotnost) or refer it back; they may not substitute their own decision except in defined cases.

The Municipal Court (městský soud) and regional courts (krajské soudy) act as administrative courts; the Supreme Administrative Court (NSS) hears cassation complaints.

The principle of legality and the principle of material truth (zásada materiální pravdy) apply; the authority must establish the facts of the case and give the parties an opportunity to comment.

Statutory time limits for administrative decisions: generally 30 days, extendable; the authority must issue a decision without undue delay and may be liable for damages caused by unlawful delay.

The Constitution of the Czech Republic (Act No. 1/1993 Sb.) and the Charter of Fundamental Rights and Freedoms (Listina, Act No. 2/1993 Sb.) form the constitutional order; the Charter is directly applicable.

The Czech Republic is a parliamentary republic; the President is elected by direct popular vote (since 2013) for five years and may serve at most two consecutive terms.

The Chamber of Deputies has 200 members elected for four years; the Senate has 81 members elected for six years, with one-third renewed every two years.

The Constitutional Court (Ústavní soud) has 15 judges appointed by the President with the consent of the Senate; it reviews the constitutionality of laws and individual constitutional complaints.

A constitutional complaint (ústavní stížnost) may be filed by a person whose fundamental rights were violated after exhaustion of ordinary remedies; the time limit is 60 days.

The Charter guarantees the right to a fair trial, the right to property, freedom of expression and the right to privacy; restrictions must be prescribed by law and proportionate.

The President may return a law to the Chamber of Deputies (suspensive veto); the Chamber may override it by an absolute majority of all members.

The Czech Republic is bound by international treaties; ratified human rights treaties prevail over domestic statutes (Article 10 of the Constitution).

The right to a fair trial includes the right to an independent and impartial court, the right to be heard, and the right to a public hearing within a reasonable time.

Labor law is governed by Act No. 262/2006 Sb. (Labor Code, zákoník práce); it applies to employment relationships (pracovní poměr) and agreements to perform work (dohody o pracích konaných mimo pracovní poměr).

An employment contract must be in writing and must state the type of work, place of work and date of commencement; a trial period (zkušební doba) may not exceed three months (six months for a managerial position).

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

Annual leave is at least four weeks (five weeks for public sector employees); it is paid at the employee's average earnings.

Termination: notice period is at least two months; dismissal must be based on statutory grounds (organizational changes, breach of duties, unsatisfactory performance); immediate termination (okamžité zrušení) is possible only in serious cases.

Severance pay (odstupné) is at least one month's average earnings for termination due to organizational changes, increased to two or three months depending on length of service.

Social security is governed by Act No. 589/1992 Sb.; contributions are paid for pension insurance (28%), health insurance (13.5%), and sickness insurance; the employer and employee share the burden.

The minimum wage is set by government regulation; as of 2024 it is CZK 18,900 per month; it may be adjusted annually.

Occupational safety and health (BOZP) is regulated by Act No. 309/2006 Sb.; the employer must ensure a safe working environment and provide protective equipment.

Taxes are governed by Act No. 280/2009 Sb. (Tax Code, daňový řád); the tax administrator is the tax office (finanční úřad) or customs office.

Personal income tax is 15% on income up to 48 times the average wage and 23% above that threshold (since 2021); the corporate income tax rate is 19% (21% from 2024 for large companies).

Value added tax (VAT) is governed by Act No. 235/2004 Sb.; the standard rate is 21% and the reduced rate is 12% (since 2024); registration is mandatory above the turnover threshold (CZK 2 million).

The tax period for income tax is the calendar year; the tax return must be filed within three months after the end of the tax period, extendable by a tax advisor.

Accounting is governed by Act No. 563/1991 Sb. (Accounting Act); entities must keep accounting records (účetnictví) in accordance with Czech accounting standards.

The tax base for personal income tax includes income from employment, business, capital and rent; certain income is exempt (e.g., some social benefits, gifts up to a limit).

Tax deductions include mortgage interest, pension contributions and donations; the taxpayer may claim a basic allowance (sleva na dani) for themselves and dependants.

Tax evasion (zkrácení daně) is a criminal offence under the Criminal Code; the tax administrator may impose penalties and interest for late payment.

The financial administration may conduct a tax inspection (daňová kontrola); the taxpayer has the right to be present and to comment on the findings.

Attorneys are governed by Act No. 85/1996 Sb. (Advocacy Act) and the Code of Ethics of the Czech Bar Association; the Bar Association (Česká advokátní komora) supervises the profession.

An attorney must act in the client's best interests, maintain confidentiality (advokátní tajemství), and avoid conflicts of interest; confidentiality survives the end of the mandate.

An attorney may not represent both parties in a conflict of interest and must decline a mandate if a conflict arises; the client's consent does not cure a prohibited conflict.

Attorneys must maintain professional liability insurance; the minimum coverage is set by the Bar Association.

Fees may be agreed as hourly, fixed or based on the value of the matter; the attorney must inform the client of the fee structure in advance.

Disciplinary proceedings are conducted by the Bar Association's disciplinary committee; sanctions include reprimand, fine, suspension and disbarment.

Attorneys must not advertise in a misleading manner; they may inform the public about their services but must respect the dignity of the profession.

Judges and public prosecutors are subject to separate ethical codes; judges must be independent and impartial and must avoid conflicts of interest.

A contract must identify the parties, the subject matter, the rights and obligations, and the consequences of breach; it should be in writing where the law requires it.

Statutory requirements for a valid will (závěť) include a written form, the testator's signature, and either a handwritten form (vlastnoruční) or a notarial record (notářský zápis).

A power of attorney (plná moc) must be in writing and must specify the scope of the authority; a special power of attorney is required for certain acts (e.g., sale of immovable property).

Court filings must contain the identification of the court, the parties, the subject matter, the facts, the evidence and the relief sought; they must be signed and dated.

Legal writing should be clear, precise and structured: use headings, numbered paragraphs and defined terms; avoid ambiguity and unnecessary legalese.

When drafting a contract, consider the applicable law, jurisdiction, dispute resolution, force majeure, confidentiality and termination clauses.

Citations of Czech law should include the act number, year, section and paragraph (e.g., § 123 odst. 1 zákona č. 89/2012 Sb.); case law may be cited by court and decision number.

A notarial deed (notářský zápis) is required for certain transactions, such as the transfer of immovable property, and must be executed before a notary.