Czech Bar Aptitude Test flashcards

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

Občanský zákoník

Act No. 89/2012 Sb., the Czech Civil Code, effective since 1 January 2014; it regulates persons, family, property, obligations and inheritance.

Superficies solo cedit

The Roman law principle adopted by the Czech Civil Code that a building is part of the land on which it stands, unless the law provides an exception.

Promlčení

Prescription in Czech civil law; after the statutory period (generally three years) the debtor may raise a defence and the creditor loses the right to enforce the claim in court.

Nasciturus

The unborn child; Czech civil law protects its rights, especially inheritance rights, provided the child is born alive.

Trestný čin

A criminal offence under Act No. 40/2009 Sb.; it is an unlawful act defined by the Criminal Code, committed with the required culpability, and punishable by a statutory penalty.

Vazba

Custody in Czech criminal procedure; a coercive measure restricting the defendant's liberty, ordered by a court for statutory reasons such as risk of flight or collusion.

Hlavní líčení

The main trial in Czech criminal procedure; the court hears the case in public, examines evidence and delivers a judgment.

Dovolání

An extraordinary appeal to the Supreme Court of the Czech Republic in criminal matters, available only on grounds of violation of law or procedure.

Předběžné opatření

An interim measure in Czech civil procedure; a court order to preserve the status quo or secure a claim pending the final decision.

Exekuce

Enforcement of a judgment under Act No. 120/2001 Sb.; carried out by a court or a private executor on the basis of an enforceable title.

Právní moc

The finality of a court decision; it occurs when the appeal period expires or an appeal is decided, making the decision binding on the parties.

Veřejná obchodní společnost

A public company (v.o.s.) under Czech law; all partners are jointly and severally liable for the company's debts with their entire assets.

Společnost s ručením omezeným

A limited liability company (s.r.o.) under Czech law; shareholders are liable only up to their unpaid contributions, and the minimum registered capital is CZK 1.

Obchodní rejstřík

The Czech Commercial Register; a public register kept by regional courts that records business entities, their statutory bodies and other prescribed facts.

Insolvenční řízení

Insolvency proceedings under Act No. 182/2006 Sb.; they aim to satisfy creditors through reorganization, bankruptcy or debt relief.

Správní řád

Act No. 500/2004 Sb., the Czech Administrative Procedure Code; it governs the procedure of administrative authorities and the rights of participants.

Odvolání ve správním řízení

An appeal against an administrative decision; it is filed within 15 days with the authority that issued the decision, which may remedy or refer it.

Soudní řád správní

Act No. 150/2002 Sb., the Czech Administrative Procedure Code for courts; it regulates judicial review of administrative decisions.

Ústavní stížnost

A constitutional complaint to the Czech Constitutional Court; a person may file it within 60 days after exhausting ordinary remedies for violation of fundamental rights.

Listina základních práv a svobod

The Czech Charter of Fundamental Rights and Freedoms (Act No. 2/1993 Sb.); it is directly applicable and guarantees fundamental rights and freedoms.

Ústavní soud

The Czech Constitutional Court; it has 15 judges and reviews the constitutionality of laws and individual constitutional complaints.

Pracovní poměr

An employment relationship under the Czech Labor Code; it is established by a written employment contract and governs the rights and duties of employer and employee.

Zkušební doba

A trial period in Czech labor law; it may not exceed three months, or six months for a managerial position, and must be agreed in writing.

Odstupné

Severance pay under the Czech Labor Code; at least one month's average earnings for organizational dismissal, increased with length of service.

Daňový řád

Act No. 280/2009 Sb., the Czech Tax Code; it regulates the procedure of tax administrators and the rights and duties of taxpayers.

Daň z přidané hodnoty

Value added tax in the Czech Republic, governed by Act No. 235/2004 Sb.; the standard rate is 21% and the reduced rate is 12% since 2024.

Daňová kontrola

A tax inspection by the Czech tax administrator; the taxpayer has the right to be present, to comment on findings and to receive a protocol.

Advokátní tajemství

Attorney-client confidentiality under the Czech Advocacy Act; it obliges the attorney to keep all information about the client and the mandate secret, even after the mandate ends.

Česká advokátní komora

The Czech Bar Association; a self-governing professional body that supervises attorneys, maintains the register and conducts disciplinary proceedings.

Střet zájmů

A conflict of interest; an attorney must decline or terminate a mandate if the client's interests conflict with those of another client or the attorney.

Plná moc

A power of attorney in Czech law; it must be in writing and specify the scope of authority, with a special form required for certain acts.

Notářský zápis

A notarial deed; a public instrument executed before a Czech notary, required for certain transactions such as transfers of immovable property.