Principles of Law
FP-UzpKAcad. year: 2020/2021
The course is oriented in particular on describing two areas of private law, that is civil law and labour law, and the explanation of their basic legal concepts. Substantive civil law: private law, fundamentals, parties, representation, cases and their division, legal proceedings, prescription and limitation, absolute property rights (ownership, co-ownership, right in rem to the property of others, law of succession), relative property rights (the creation, modification, security and termination of obligations, obligations arising from legal proceedings – selected contracts, liabilities arising from torts - indemnity, unjust enrichment)
Civil Procedural Law: courts, proceedings in 1st instance, evidence, costs of proceedings, legal remedies, enforcement and enforcement proceedings.
Labour law: principles, labour relations, rights and duties of employees and employers, employment (formation, changes and termination), agreements on work performed outside employment, working hours and rest time, remuneration of work, holidays, care for employees, obstacles to work, and liability for damage in labour law.
Learning outcomes of the course unit
Knowledge: Students will know the basic rules of civil and labour law. Students will be familiarised with legal terminology, with the division of parties and cases, with the consequences of the passage of time, with absolute property rights (right in rem, law of succession) and relative (contracts), with the consequences of infringement, with the possibilities of forensic recovery, with the creation, changes to and termination of labour relations (employment and agreement on agreements on work performed outside employment), and with the rights and duties of employees and employers.
Skills: Students learn about legal terminology and will be able to work with the text of laws. Students will be able to judge a right or obligation with respect to its establishment, changes, termination and securing, are able to evaluate the course of the statute of limitations, evaluate the situation and take appropriate measures (including forensic recovery).
Abilities: Students gain knowledge to such an extent that they can competently discuss the content of contracts, judge the authorisation of a person to act, evaluate the advantages and disadvantages of contractual agreements from the position the party for which they are acting and assess the practical impact of contractual negotiations (securing obligations, limitation of liability). They will be able to write an action and assert their rights in civil judicial proceedings, including enforcement proceedings. Students will be prepared to apply their knowledge in labour relations, from the conclusion of employment contracts, through changes in these, to possible enforcing of employment entitlements (for example as a result of the invalid termination of employment).
General knowledge at the level of secondary school education..
Recommended optional programme components
Recommended or required reading
HENDRYCH,D. a kol.: Právnický slovník. 2. rozšířené vydání. Praha. C.H.BECK 2003. 1340 s. ISBN 80-7179-740-5
zákon č. 89/2012 Sb., občanský zákoník
MADAR, Z. a kol.: Slovník českého práva 1. a 2. díl: A-O a P-Z. 1. vydání. Praha. Linde 1995. 1390 s. ISBN: 80-85647-62-1
zákon č. 262/2006 Sb., zákoník práce
zákon č. 90/2012 Sb., o obchodních korporacích
zákon č. 99/1963 Sb., občanský soudní řád
Planned learning activities and teaching methods
The teaching will take the form of non-compulsory lectures. The lectures will deliver the basic concepts and principles and illustrative examples from practice.
Assesment methods and criteria linked to learning outcomes
Students are encouraged to independently study on the basis of available information sources, in particular legislation. For the purposes of the combined studies a methodological guide to the studies was produced which gives relevant information sources for each topic.
Students produce an essay of 8 normal pages (+- 10%) by the end of the semester dealing with a practical legal problem from the material covered. The student agrees the topic in advance with the teacher. Part of the solution is giving the relevant legal provisions. Acceptance of the essay by the teacher is a condition for being allowed to sit the written examination.
No credit is awarded.
The test is only in writing. The written examination is made up of questions that are closed (test question with a choice of answers, out of which more than one can be correct), and open. The examination lasts 35 minutes. Legal documents cannot be used. The examination is classified according to the ECTS scale. Incorrect or illegible responses are assessed as unsatisfactory (zero points).
The material covered is tested. The classification takes place in accordance with the regulations of BUT and the Faculty of Business and Management.
Language of instruction
1. Substantive civil law - terms, fundamentals, trends, participants in civil relations (individuals and legal entities – legal personality, legal capacity), representation;
2. Cases and their division, components and accessories; legal proceedings, limitation and prescription periods
3. Absolute property rights: Ownership (origins), co-ownership (deciding on common matters, right of pre-emption), property rights to the property of others (easement - service, real burden), lien – content, origin and termination, right of lien); land registry
4. Absolute property rights: Law of succession - testator, will, inheritance contract, inheritance class, disinheritance, sidestepped heir, ineligibility for inheritance
5. Relative property rights: Law of obligations – creation, changes, securing and consolidation, termination of obligations, contracts – selected types of contract
6. Relative property rights: Liabilities arising from torts (indemnification), liabilities from other legal grounds (unjustified enrichment)
7. Civil Procedural Law – powers and jurisdiction of courts, actions, court hearings, evidence, costs, types of judicial decision, legal force and enforceability
8. Civil Procedural Law – proper and extraordinary remedies, enforcement and enforcement proceedings, insolvency proceedings
9. Labour law - terms, fundamentals, participant in labour relations - employee, employer; representation;
10. Employment - creation (particulars of employment contracts), changes (transfer, relocation, business trip, secondment)
11. Termination of employment - by agreement, sacking, instant dismissal, termination in probationary period, temporary employment; redundancy pay
12. Working hours and rest period, overtime, holidays (type, length, reduction), remuneration for work – wage, salary
13. The responsibility of employers and employees for damage – conditions, limits. Agreements on work performed outside of employment.
The main objective of the course is to gain a basic orientation in legal disciplines in the profile of private law with a focus on business practices. For this it is necessary to learn legal terminology and the scheme of legislation. The aim is for students to be able to locate the relevant legislation and assess a situation in terms of legal norms. Students will gain the ability to apply legal provisions in practice, for example to assess the content of contracts, assess the consequences of legal proceedings, assert their rights in court, evaluate suitable forms of business, assess the form of employment relationship and the rights and duties linked to it.
Specification of controlled education, way of implementation and compensation for absences
There is no control in the course of the semester.
The control of the teaching is in the form of a written examination in the testing period.
Type of course unit
Guided consultation in combined form of studies
12 hours, optionally
Teacher / Lecturer