The five most frequently used parts of the Civil Code

Civil law and the Civil Code

Civil law is one of the broadest branches of law, affecting virtually all areas of our lives. If you are wondering what civil law deals with, the answer is the regulation of relations between people, companies and the state in everyday situations. Typical examples of civil law are contracting, consumer protection, family relations or compensation. The Civil Code is therefore an essential guide, whether you are dealing with everyday shopping, housing or more complex legal matters.

The Civil Code is a fundamental norm that regulates a large number of situations we encounter in life. It is no exaggeration to say that it accompanies us from birth to death. In the course of every day, we experience a number of situations that are regulated by the Civil Code, whether it is an ordinary purchase in a shop, taking care of a child and representing him or her, inheriting an inheritance from a grandmother, going on holiday and staying in a hotel, moving house and renting an apartment, or buying a cottage and owning it.

From a theoretical point of view, a distinction is made between substantive and procedural civil law. Substantive civil law defines the rights and obligations themselves (for example, property rights, tenancy relations or family law), while procedural civil law determines how these rights are protected, most often through court proceedings. This division allows us to understand not only the definition of civil law but also its practical functioning in everyday life.

There are manydefinitions of civil law, but in general it can be said that it deals with private law relations, primarily the property relations of natural and legal persons, as well as relations between them and the State and relations arising from the right to protection of personality.

We have already outlined above some everyday situations regulated by the Civil Code. Let’s now look at which of these are the most common ones you contact us with.

Basic concepts, time limits, limitation and prescription

The very first part of the Civil Code defines the basic concepts. You will find, for example, the definition of natural persons, consumers or entrepreneurs, which are used further in the Code or other legislation. Frequent questions from clients then relate to issues of personal guardianship and in particular time limits, limitation of rights and prescription.

The statute of limitations under civil law is a legal institute which only results in the weakening of a certain right after the expiry of the so-called limitation period. It does not extinguish the right in question, but if the statute of limitations is challenged in court, the court must take it into account and cannot force the debtor to fulfil his debt.

The statute of limitations in the Civil Code is a very frequent reason for client enquiries. Typically, it is a situation where the creditor does not know whether the limitation period has expired or whether it could have been interrupted. The Civil Code assumes that the statute of limitations itself does not interrupt the right, but only weakens its enforceability. Therefore, it is always advisable to consult a specialist who will assess the specific case and explain whether your claim still exists.

The statute of limitations can be confused with the so-called statute of limitations, which works in a similar way, with the crucial difference that after a certain period of time , the right in question ceases to exist completely and your claim ceases to exist with it. If you were to perform a debt that is subject to this limitation, then there would be unjust enrichment on the part of the creditor. In contrast to limitation, the court will also take the limitation into account automatically, i.e. even without a plea of limitation.

In practice, situations arise where it is not entirely clear whether a certain right is already time-barred or not, because both the subjective limitation period (which requires, for example, knowledge of the damage that has been incurred and is three years under the provisions of the Civil Code) and the objective limitation period, which is ten years, apply. In some cases, for example, the limitation period can be interrupted or suspended, so it can be a challenge for a layman to work out exactly what the legal situation is and what I am entitled to at the time. However, a lawyer with experience in civil law can advise you on what you are entitled to and the best course of action for you.

Marriage and divorce

The area of family law has been relatively strengthened in the new Civil Code; previously it was dealt with by separate laws, but now we find a comprehensive regulation. On the one hand, the Civil Code regulates marriage, i.e. in particular the methods of its formation, the obligations and rights of the spouses and maintenance between the spouses. More often, however, the law is only consulted in the case of divorce and child custody.

The changes brought about by the new Civil Code in the area of family law have meant the unification of the rules for the formation of marriage, the rights and obligations of spouses and the divorce process itself. As a result, we now speak of the Civil Code and family law as inextricably linked, dealing with both the day-to-day running of a marriage and the complex issues surrounding its dissolution.

Divorce is a process that we can find models for starting on the internet, but since it will have a very significant impact on our current financial situation and usually also on our expenses for many years to come (childcare, alimony payments if applicable), it is worth investing in legal assistance in this case. Clients are often unaware of what all needs to be accomplished for a quicker and less costly uncontested divorce. With the help of attorneys unburdened by emotion, an agreement can then be more easily reached.

As a result, the Civil Code becomes the foundation of family law, which lawyers deal with every day in divorces, child support or custody disputes. The issue of pre-emption may also be relevant in this area, for example in the division of the matrimonial property.

The essential condition for an uncontested divorce under the Civil Code is that the spouses agree that the marriage is irretrievably broken and want to end it as soon as possible. For such a case, it is sufficient to draw up an agreement on the division of the community property and the rights of cohabitation after the dissolution of the marriage, which is attached to the petition for uncontested divorce. If there are children in the marriage, the court will also approve the spouses’ agreement on the arrangement of the relations with the minor children before and after the divorce. This application may be filed with the competent court together with the application for uncontested divorce and shall be dealt with by the court first. Once the court has approved the agreement, nothing prevents the application for uncontested divorce from being granted and the marriage from being dissolved.

Also, in a contested divorce, you must first decide how child custody will be handled. The difference in this case is that the court is not only concerned with the resulting agreement, but makes emotionally demanding interviews of both spouses, proving how either spouse cares for the children and what custody and support arrangement will be best for the child.

Once the issue of children is resolved, or if the marriage is childless, the divorce proceedings follow. Here too, in the case of a contested divorce, it is necessary to establish the reasons why the divorce is taking place. So, for example, the infidelity of one of the spouses or other reasons are proved. The third stage is the division of the community property.

Inheritance

Inheritance as a part of civil law has undergone quite a significant change in the new Civil Code compared to the previous regulation. As before, however, the most effective instrument for settling one’s estate during life is the classic will. It is, in effect, an instruction as to how the property is to be dealt with after the death of the testator. It can be made in your own hand with your signature or with witnesses. However, it is safest to make a will in the form of a public deed. It identifies the heirs and specifies their shares. A will can also set out a condition of inheritance, such as the completion of studies. The notary then keeps it in a special register and no provision is made to ensure that it is not lost. Such a will will not be lost, as the notary keeps it in a special register.

If there is no succession by contract of succession or by will, the succession proceedings continue by succession by operation of law. The Civil Code provides for six classes of succession, which come into play in turn. Under the first class of succession, the spouse and children inherit. If they are not, then the property passes to their descendants. If there are no heirs from the first inheritance class, then heirs from the second inheritance class come in, and so on. Great-grandparents or cousins are now included in the circle of legal heirs.

Some questions concern the obligation to take over the inheritance. The subject of the succession proceedings is the total estate of the deceased, including debts. If you are in danger of losing rather than gaining by inheritance, a refusal of inheritance is in order.

Different types of contracts – purchase, lease, insurance

Contract law is one of the most used areas. Whether it is a real estate purchase, a lease agreement or an insurance contract, all these contracts fall under the regulation of the Civil Code. One of the most frequently addressed institutes is the right of pre-emption, which can have a major impact on the rights and obligations of the parties to the contract. The Civil Code also contains provisions on how a power of attorney must be established in order to be legally binding.

We deal witha contract of sale (even if it is in the form of a convenience store purchase) on a daily basis and many other contracts frequently (donation, lease, collection, accommodation). Client enquiries vary greatly depending on the type of contract.

We have therefore compiled the most common questions relating to lease agreements into a separate article and devoted an entire e-book to the purchase and sale of real estate.

The power of attorney in the Civil Code is also a very common practical institute. A power of attorney allows someone else to act for you – for example, when buying a property, entering into a lease agreement or arranging insurance. If the power of attorney is not drafted correctly, it can be challenged, so it pays to pay attention to the formalities that the law strictly requires.

Compensation

A common minor dispute for clients concerns potential damages. Under what circumstances am I entitled to compensation if, for example, a child or dog causes it? And how is the amount of the damage quantified if it is, for example, the destruction of an older item?

The general prerequisites for a duty to compensate are:

• a wrongful act (which may be a breach of good morals, a contractual obligation or the law),
• the occurrence of damage,
• causation,
• fault (intentional or negligent).

Even negligence is sufficient for liability for damages to arise, unless the law expressly refers to intent (direct or indirect).

If the damage was caused to a used or older item, the market value of the item at the time of damage must be taken into account and the extent of the damage must also be taken into account. If, on the other hand, the repair has increased the value of the item, the amount corresponding to the increase in value must be deducted from the cost of the repair.

As can be seen, the Civil Code is an indispensable part of our legal system. Whether you are dealing with issues related to family law, such as child custody, or property relations governed by pre-emption, knowledge of civil law can save you a lot of trouble. If you are unsure of what is covered or need an answer to a specific question, do not hesitate to contact our lawyers.

Summary

The Civil Code is a key legal norm that regulates private law relationships and affects everyday life – from the purchase of goods to marriage and inheritance. The basic concepts and time limits include, for example, limitation, which only weakens the right after the expiry of the time limit (typically a three-year subjective and a ten-year objective time limit), whereas prescription cancels the right completely; marriage and divorce, where the Code newly concentrates the entire regulation of family law, setting out the conditions for uncontested divorce (agreement on the division of property and the regulation of relations with children is required), and the procedure for contested divorce; inheritance, which can best be regulated by a will – the most certain form is a public deed registered in the notary register; in the absence of a will, inheritance according to the six statutory classes comes into play, whereby great-grandparents or cousins can also inherit; contract law, where e.g. compensation for damages, which requires the conditions of wrongful act, occurrence of damage, causation and fault, while negligence is also sufficient – the calculation is based on the value of the item at the time of damage and also takes into account its appreciation through repair.