Quick Overview
Among the most important parts of the Civil Code for everyday life are the rules governing time limits, family, inheritance, contracts, and damages. The statute of limitations generally does not extinguish a right, but it can prevent its enforcement in court. In the case of divorce, you must follow the rules effective as of 2026. An inheritance may also include debts, and when entering into contracts, both their content and the prescribed form matter. Regarding compensation for damages, the conditions of liability vary depending on how the damage occurred.
Are you dealing with a specific contract, inheritance, or dispute and unsure how the Civil Code applies to your situation? At our legal counseling service, we will assess the circumstances of your case and recommend the next steps.
Civil Law and the Civil Code
The Civil Code is the fundamental statute of private law. It governs, for example, the status of individuals and legal entities, protection of personality rights, family relationships, property, inheritance, and obligations. You may interact with the state in these matters, for example, when the state leases property to you; however, a government agency’s decision to impose a fine falls under public law.
The following five areas represent a practical selection of topics, not an official breakdown of the Civil Code. We will focus on time limits and statutes of limitations, marriage and divorce, inheritance, contracts, and damages.
Basic Concepts, Time Limits, Statutes of Limitations, and Preclusion
The very first part of the Civil Code defines basic terms. Here you will find, for example, definitions of natural persons, consumers, and entrepreneurs, which are used throughout the Civil Code and other legal regulations. Frequently asked questions from clients often relate to guardianship and, in particular, time limits, statutes of limitations, and preclusion.
Under civil law,the statute of limitations is a legal concept whereby a specific right is merely weakened after the expiration of the so-called limitation period. The right in question does not, therefore, cease to exist; however, if the statute of limitations is raised as a defense in court, the court must take it into account and cannot compel the debtor to fulfill their obligation.
The statute of limitations under the Civil Code is a very common source of client inquiries. Typically, these involve situations where the creditor is unsure whether the statute of limitations period has already expired or whether it could have been interrupted. The Civil Code is based on the principle that the statute of limitations does not in itself extinguish a right; it merely weakens its enforceability. Therefore, it is always advisable to consult an expert who can assess the specific case and explain whether your claim is still valid.
The concept of the statute of limitations can be confused with what is known as preclusion, which functions similarly but with one fundamental difference: after a certain period has elapsed, the right in question ceases to exist entirely, and with it, your claim also ceases to exist. If you were to pay a debt subject to this preclusion, the creditor would receive unjust enrichment. Unlike the statute of limitations, the court will automatically take preclusion into account—even without a specific objection being raised.
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Tip: Did you lend money to a neighbor, and are they reluctant to pay it back? What can you do to prevent your claim from becoming time-barred? Is there any way to recover a claim that has become time-barred, and does the repayment of a time-barred debt constitute unjust enrichment? And what about the statute of limitations on other rights? You’ll find out all of this in our next article.
The general statute of limitations is three years; however, its commencement and any exceptions depend on the specific law. In the case of damages, it also depends on when the injured party learned, or should have and could have learned, of the damage and of the person liable to pay compensation. The law also sets objective limits on the statute of limitations, but special rules apply, for example, in cases of personal injury. Before calculating the period, it is therefore necessary to determine what claim you are asserting and whether any circumstances affecting the statute of limitations have arisen.
Practical example: Simply sending reminders to a debtor generally does not stop the statute of limitations from running. A creditor may thus regularly demand payment, yet the claim may still become time-barred. The key is to take legal action in a timely manner that actually affects the running of the statute of limitations.
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Marriage and Divorce
The Civil Code governs the formation of marriage, the rights and obligations of spouses, their property relations, and the conditions for divorce. It also contains rules regarding parental responsibility and child support. The court proceedings themselves are governed by procedural regulations, in particular the Act on Special Judicial Proceedings.
New divorce rules take effect on January 1, 2026. For a divorce by mutual consent, the marriage must have lasted at least one year. The spouses must agree to the divorce and reach an agreement on property division, housing, and, if applicable, child support for the period following the divorce. If they have a minor child in common who is not of full legal capacity, they also need a court-approved agreement regarding the child’s circumstances after the divorce. The property agreement and the housing agreement must be in writing and bear notarized signatures.
The requirement of at least six months of separate living arrangements no longer applies. The court also does not routinely investigate the causes of the breakdown of the marriage, even in uncontested divorces; the law allows for an exception when a specific ground for opposing the divorce is raised.
For spouses with a minor child in common, divorce proceedings and proceedings regarding the child’s custody and support are generally combined. The court may separate them if combining the cases is not appropriate. An agreement between the parents can therefore facilitate the resolution of the family situation, but the court always considers the best interests of the child.
Do you want to get a divorce by mutual agreement but aren’t sure what needs to be addressed? We can help you with the divorce, drafting agreements, and representing you in court.
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Tip: Are you getting a divorce? Let us help you. We’ll guide you through the divorce process —from negotiating with your spouse to filing for divorce and through the final judgment. Whether through mediation or a strong defense in court, we’ll secure the highest possible child support for your children. We’ll also help you if you’re unable to afford unreasonably high child support payments.
Inheritance
The Civil Code governs who inherits and under what conditions. If you wish to influence the distribution of your estate, you may draw up a will. A holographic will must be written entirely in your own handwriting and signed; other forms of wills are subject to additional requirements. A will drawn up by a notary is recorded in the Register of Legal Acts in the Event of Death, which makes it easier to locate during probate proceedings.
If the estate or a portion of it is not distributed according to an inheritance agreement or a will, statutory succession applies. The Civil Code establishes six classes of heirs. In the first class, the decedent’s children and spouse inherit in equal shares. If a child does not inherit, their share passes to their descendants. If the decedent’s descendants do not inherit, inheritance is determined according to the second class; thus, the spouse does not inherit alone in the first class.
Some questions concern the obligation to accept an inheritance. The subject of probate proceedings is the decedent’s entire estate, including debts. If there is a risk that you would lose more than you gain by accepting the inheritance, it is appropriate to renounce it.
Renouncing an inheritance is not the only way to protect yourself from debts. A reservation of inventory may limit the heir’s obligation to pay the decedent’s debts to the value of the inherited estate. It has its own conditions and deadlines, so it is advisable to discuss your options with a notary before deciding how to proceed with the inheritance.
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Tip: Do you want to decide who will inherit your estate? Want to be sure that your final wishes will truly be respected? We’ll draft a will exactly according to your requirements and in compliance with applicable laws, ensuring it’s legally unassailable. All this within five business days and for a fixed price.
Specific Types of Contracts—Purchase, Lease, Insurance
Contract law is one of the most frequently applied areas of law. Whether it involves the purchase of real estate, a lease agreement, or insurance, all such contracts are governed by the Civil Code. One of the most frequently addressed legal concepts is the right of first refusal, which can have a significant impact on the rights and obligations of the contracting parties. The Civil Code also contains provisions on how a power of attorney must be established to be legally binding.
We deal withpurchase agreements (even if they’re as simple as a purchase at a supermarket) on a daily basis, and we frequently handle many other types of contracts as well (gifts, leases, direct debits, and lodging). Client inquiries vary greatly depending on the specific type of contract.
We have therefore compiled the most common questions regarding lease agreements into a separate article, and we have dedicated an entire e-book to the purchase and sale of real estate.
Another very common practical legal concept is the power of attorney under the Civil Code. A power of attorney allows someone else to act on your behalf—for example, when purchasing real estate, entering into a lease agreement, or handling insurance matters. If a power of attorney is not drafted correctly, it may be challenged; therefore, it is important to adhere to the formal requirements precisely stipulated by law.
Compensation for Damages
Frequent minor disputes among clients concern potential compensation for damages. Under what circumstances am I entitled to compensation if, for example, a child or a dog causes damage? And how is the amount of damages calculated when, for instance, an older item is destroyed?
The general prerequisites for the obligation to compensate for damages are:
- unlawful conduct (which may consist of a violation of public policy, a contractual obligation, or the law),
- the occurrence of harm,
- causal connection,
- fault (intentional or negligent).
Negligence alone is sufficient to give rise to liability for damages, unless the law expressly requires intent (direct or indirect).
In the event of damage to property, the calculation is based on the property’s fair market value at the time of the damage, taking into account the reasonable expenses the injured party must incur to restore or replace its function. The use of new parts during repairs does not in itself mean that the compensation must automatically be reduced. It depends on the reasonableness of the repair and on whether the repair actually resulted in an increase in value beyond the restoration of the item’s original condition.
Example from case law: In its ruling, Case No. II. ÚS 2221/07, the Constitutional Court addressed the reimbursement of repair costs for a damaged car. It emphasized that if a functional repair requires new replacement parts and merely restores the vehicle to its original condition, the cost of those parts cannot automatically be passed on to the injured party. Therefore, simply comparing the age of the original and new parts is insufficient for determining the amount of compensation.
Summary
The Civil Code governs private rights and obligations, ranging from ordinary contracts through family relationships to inheritance and compensation for damages. For practical purposes, it is important to distinguish between the statute of limitations, which generally does not extinguish a right, and preclusion, in which a right is extinguished. In the case of divorce, the rules effective as of 2026 must be taken into account; in the case of inheritance, any debts and options for protecting the heir must also be considered. Before signing a contract, one must consider both its content and formal requirements. A claim for damages is then assessed based on the specific grounds for liability and the circumstances under which the damage occurred.
Frequently Asked Questions
What does civil law cover?
Civil law deals with the relationships between individuals and legal entities, as well as their relationship with the state in everyday life. Typical examples of civil law include contracts, inheritance, marriage, divorce, and compensation for damages. The definition of civil law also includes the protection of personal rights and private property.
What is the difference between substantive and procedural civil law?
Substantive civil law defines the rights and obligations themselves—such as property rights, tenancy, or family law. In contrast, procedural civil law establishes how these rights are protected, primarily through court proceedings.
How does the Civil Code address the statute of limitations?
The statute of limitations under the Civil Code means that, after a certain period has elapsed, a debtor may argue that the debt is time-barred. Although the right itself does not expire, its enforceability in court is weakened. It is therefore important to know the length of the statute of limitations and any possibilities for interrupting or suspending it.
What does “power of attorney” mean in the Civil Code?
Under the Civil Code, a power of attorney is a document by which you authorize another person to act on your behalf. It may pertain, for example, to the purchase of an apartment, arranging insurance, or representing you before government agencies. For a power of attorney to be valid, it must contain the elements required by law; otherwise, it may be challenged.
How does the new Civil Code regulate family law?
The new Civil Code has unified the regulations governing family law, including marriage, the rights and obligations of spouses, divorce, and child custody. As a result, the Civil Code and family law now form an integrated whole that addresses both the formation of marriage and the complex issues surrounding its dissolution and the division of joint property.