Special Proceedings Act: who will be the guardian and who will receive the property?

Chapters of the article

• The Act on Special Court Proceedings regulates inheritance and legal capacity
• What led to the adoption of the Special Court Proceedings Act?
• Uncontested and contested court proceedings: what belongs where?
• Summary

The Special Proceedings Act is one of the pillars of Czech law. When drafting it, experts aimed to simplify, unify and clarify the rules for specific court proceedings, which are of a different nature than traditional litigation proceedings. In these proceedings, unlike uncontested proceedings, a conflict between two or more parties is resolved. The Act on Special Court Proceedings was adopted in order to make the courts’ decision-making more efficient, while at the same time giving the parties to the proceedings adequate protection of their rights in situations which often require a quick and sensitive solution. Although the court is on the side of the “weaker” persons, neither party should enter into court proceedings without legal representation.

The Special Court Proceedings Act regulates both succession and capacity

As a comprehensive legal norm, the Special Court Proceedings Act covers a wide range of court proceedings. Most of them are of a special nature and require a specific procedural procedure compared to the traditional disputes that are heard in courts.

The main areas covered by this law include:

1. Inheritance proceedings: sooner or later this process will affect almost all of us. Once a family member dies, it is necessary to sort out who has the right to his or her property after death. To avoid guesswork and different interpretations, the law sets out a clear procedure for determining the circle of heirs, how any disputes over succession rights are settled and how the estate is distributed. Inheritance proceedings are a typical example of uncontested proceedings where the court often has to decide without conflict between the parties. Nevertheless, its role without presence is essential to ensure legal certainty for heirs and other interested parties.
2. Capacity proceedings: sometimes a person’s state of health gets to the point where there is a need to ensure that they do not sign important documents and so on. However, again, only the court can decide whether someone is legally capable of acting independently. The latter will order a restriction of capacity if the person is unable to look after their own affairs because of a mental disorder or other permanent condition. These decisions have far-reaching implications for the person’s daily life, so it is important that the court approaches each case with the utmost care and responsibility.
3. Guardianship proceedings: children and persons with limited capacity – these groups in particular are concerned with those designed to protect persons who are unable to act independently. In these cases, the court decides on the appointment of a guardian, his or her duties and powers. Guardianship may be necessary in situations where parents are unable or unwilling to exercise their parental responsibilities or where the interests of vulnerable adults need to be protected.
4. Adoption proceedings: Adoption is a process in which the legal relationship between the child and the adoptive parent is replaced by the relationship between the biological parent and the child. In simple terms, the designated person legally becomes the parent of a child who is not biologically theirs. This procedure is essential to ensure legal certainty for both the child and the adoptive parents. The court in these cases must thoroughly examine all the circumstances of the case to ensure that the adoption is in the best interests of the child.
5. Disappearance and death proceedings: these proceedings deal with situations where someone has been missing for a long time or needs to be declared dead. Given the significant implications for the survivors and the legal consequences for the property of the missing or declared dead person, these non-contentious proceedings again need to be handled with great care and specificity.
6. Marriage authorisation proceedings: although at first sight the question of marriage may not appear to be a complex legal issue, there are situations where the court must decide. For example, when allowing or refusing to allow a minor to marry and in other similarly specific cases. This procedure ensures that all the legal conditions for marriage are met.

The law also covers other specific proceedings, such as proceedings to establish or deny parenthood or proceedings to dissolve community of property.

What led to the adoption of the Special Proceedings Act?

Several key factors. Prior to the adoption of the Act, various pieces of legislation governed the above-mentioned proceedings. However, this led to confusion and complications in their application. The legal regulation of these situations was not uniform, and judges and parties to the proceedings were thus faced with various problems. One of the main objectives of the Act was thus to unify and clarify the rules for special proceedings in order to ensure greater legal certainty and transparency.

At the same time, when discussing the adoption of this law, the government wanted to streamline judicial processes. These specific proceedings often require a quick decision, especially when it comes to protecting the rights and interests of vulnerable persons such as children or persons with reduced legal capacity. By unifying the rules for these proceedings, the courts can decide more quickly and efficiently.

The law has also brought greater protection for the rights of parties to special proceedings before judges. For example, in proceedings concerning legal capacity or guardianship, persons who cannot defend their interests themselves now have greater protection of their rights. The courts are obliged to take their best interests into account, bringing them closer to modern notions of human rights and social justice.

For citizens, this law means that they will receive a fair and transparent procedure in situations where they need judicial protection. For example, heirs can be sure that their rights will be respected and that the succession process will follow clearly defined rules.

Uncontested and contested court proceedings: what belongs where?

The distinction between contested and uncontested proceedings is one of the key aspects dealt with in the Special Court Proceedings Act. While in contested proceedings there is a conflict between two or more parties, uncontested proceedings are typically more formal and do not involve a direct dispute.

As already mentioned, in uncontested proceedings there is no direct dispute between the parties to be adjudicated. However, there is a need for a court to be involved in order to rule on a particular legal fact or to regulate the legal relations between the parties. The court decides who will inherit what property from the deceased, whether the proposed person must really be subject to a limitation of capacity or who will adopt the minor children. As these proceedings tend to be less conflictual, the court’s role is primarily that of a protector of the rights of the parties.

On the other hand, adversarial proceedings bring a direct conflict into the courtroom that the court must resolve. These proceedings are commonly found in civil law, where, for example, disputes over property, contracts and other legal claims are resolved. The Special Court Proceedings Act primarily focuses on uncontested proceedings, but in some cases, an initially uncontested proceeding may become contested. Typically, when a conflict arises between the parties that needs to be resolved by a court.

The Special Court Proceedings Act thus provides clear rules for both types of proceedings. In uncontested ones , the court acts more as a protector, actively protecting the rights of weaker parties. In contentious proceedings, on the other hand, it acts as an impartial arbiter, deciding on the basis of the evidence and legal arguments presented.

Summary

The Special Court Proceedings Act ensures fairness and an efficient process in inheritance proceedings, in deciding who becomes the guardian or adoptive parent of a child, or in limiting the legal capacity of a minor or allowing a minor to marry. This law has contributed to better protecting the rights of vulnerable persons in need of special judicial protection. It provides the courts, lawyers and citizens with clear rules, which contributes to the overall fairness and efficiency of the Czech justice system.