Act No. 89/2012 laying down the Civil Code.
Country
Type of law
Legislation
Abstract
The current Civil Code in Czechia was adopted in 2012. It entered into force on January 2014 and replaced the previous Civil Code of 1964. The new Code takes over many provisions of other Acts which are at the same time repealed, for example the Family Act and the Act on Association of Persons. The Code is composed of the following Books: I) General provisions; II) Family law; III) the Property Law part (which regulates the tenure, the possession, the ownership and co-ownership, the encumbrance, the lien, and also the heirship) ; IV) the Contractual Law part (where new types of contractual relations are defined); VI) Common, transitional and final provisions.
PROPERTY AND REAL RIGHTS. Property rights are regulated under Book III, which stipulates that absolute property rights are effective against everyone, unless otherwise provided by a statute (art. 976). Specific provisions apply to co-ownership (art. 1115). Expropriation is envisaged: in an emergency situation or urgent public interest, an owner’s thing may be used for the period and to the extent necessary if the purpose cannot be achieved otherwise. In the public interest which cannot be satisfied otherwise, and solely by means of a statute, the right of ownership may be limited or a thing expropriated. For a limitation of the right of ownership or expropriation of a thing, the owner is entitled to full compensation corresponding to the extent to which his property has been affected by those measures (see articles 1037-1039). Possession and related effects are laid down under articles 987-1010, whereas acquisitive prescription is regulated in article 1089. Further, Book III regulates servitudes. A thing may be encumbered with a servitude, which affects the owner of the thing as a right in rem in a way that he has to tolerate or abstain from doing something in favour of another. An owner may encumber his tract of land with a servitude in favour of another of his tracts of land. According to article 1258, a servitude includes everything which is required for its exercise. If the content or scope of a servitude is not determined, it is assessed in accordance with local usages; in their absence, it is presumed that there is rather less than more scope or content.
INHERITANCE. As mentioned above, inheritance is regulated under Book III on property rights. Title III regulates the law of succession, including testaments, inheritance contracts and testamentary clauses on legacy (see article 1491). A specific Chapter on trusts, under the generic heading ‘Administration of third parties’ assets’ has been inserted by the new Civil Code, which divides the administration of third party assets (the ‘trust’) into two basic types: the simple trust and the comprehensive trust. A trust is created by setting aside part of the property owned by the founder in such a way that the owner entrusts the administrator with the property for a particular purpose through a contract or disposition mortis causa, and the trustee undertakes to keep and administer the property (art. 1448).
OBLIGATIONS AND CONTRACTS. Book IV sets out the provisions applicable to obligations and to contracts (conclusion, form, effects, termination). Specific provisions apply to consumer contracts (art. 1810), sales (art. 2079), exchange of property rights (art. 2184), loan (art. 2189), lease (art. 2201), agricultural usufructuary lease (art. 2345). The Code establishes that where a tract of agricultural or forest land is subject to a usufructuary lease, an agricultural usufructuary lease has been stipulated; where a usufructuary lease is stipulated for more than two years and the contract is not concluded in written form, the usufructuary lease is presumed to have been stipulated for an indefinite period.
WATER. The Code includes provisions applicable to water resources. Articles 1068-1071 regard alluvium and tear-off; article 1267 refers to servitudes and water; articles 1270 and 1271 concern rainwater As to the right to draw water, it is stipulated that a person with the right to draw water from a tract of land of another shall also have access thereto (art. 1272).
LIVESTOCK AND ANIMAL PRODUCTION. Specific provisions apply to cattle path and passage (in the context of servitudes) and right of pasture. A servitude of cattle path creates the right to drive animals across the servient land. If the servient land is intended to function as a forest, it is forbidden to establish a servitude of cattle path. If a public body decides that servient land is intended to function as a forest after such a servitude has been established, the servitude is extinguished (art. 1275).
LAND. In the context of co-ownership and subdivision of land, article 1142 stipulates that agricultural land may only be divided in a way that it results in the creation of tracts of land which may be efficiently cultivated both in terms of their amount, as well as the possibility of permanent access. This does not apply if the land is to be divided for the purpose of erecting a structure or such a purpose for which the land may be expropriated.
PROPERTY AND REAL RIGHTS. Property rights are regulated under Book III, which stipulates that absolute property rights are effective against everyone, unless otherwise provided by a statute (art. 976). Specific provisions apply to co-ownership (art. 1115). Expropriation is envisaged: in an emergency situation or urgent public interest, an owner’s thing may be used for the period and to the extent necessary if the purpose cannot be achieved otherwise. In the public interest which cannot be satisfied otherwise, and solely by means of a statute, the right of ownership may be limited or a thing expropriated. For a limitation of the right of ownership or expropriation of a thing, the owner is entitled to full compensation corresponding to the extent to which his property has been affected by those measures (see articles 1037-1039). Possession and related effects are laid down under articles 987-1010, whereas acquisitive prescription is regulated in article 1089. Further, Book III regulates servitudes. A thing may be encumbered with a servitude, which affects the owner of the thing as a right in rem in a way that he has to tolerate or abstain from doing something in favour of another. An owner may encumber his tract of land with a servitude in favour of another of his tracts of land. According to article 1258, a servitude includes everything which is required for its exercise. If the content or scope of a servitude is not determined, it is assessed in accordance with local usages; in their absence, it is presumed that there is rather less than more scope or content.
INHERITANCE. As mentioned above, inheritance is regulated under Book III on property rights. Title III regulates the law of succession, including testaments, inheritance contracts and testamentary clauses on legacy (see article 1491). A specific Chapter on trusts, under the generic heading ‘Administration of third parties’ assets’ has been inserted by the new Civil Code, which divides the administration of third party assets (the ‘trust’) into two basic types: the simple trust and the comprehensive trust. A trust is created by setting aside part of the property owned by the founder in such a way that the owner entrusts the administrator with the property for a particular purpose through a contract or disposition mortis causa, and the trustee undertakes to keep and administer the property (art. 1448).
OBLIGATIONS AND CONTRACTS. Book IV sets out the provisions applicable to obligations and to contracts (conclusion, form, effects, termination). Specific provisions apply to consumer contracts (art. 1810), sales (art. 2079), exchange of property rights (art. 2184), loan (art. 2189), lease (art. 2201), agricultural usufructuary lease (art. 2345). The Code establishes that where a tract of agricultural or forest land is subject to a usufructuary lease, an agricultural usufructuary lease has been stipulated; where a usufructuary lease is stipulated for more than two years and the contract is not concluded in written form, the usufructuary lease is presumed to have been stipulated for an indefinite period.
WATER. The Code includes provisions applicable to water resources. Articles 1068-1071 regard alluvium and tear-off; article 1267 refers to servitudes and water; articles 1270 and 1271 concern rainwater As to the right to draw water, it is stipulated that a person with the right to draw water from a tract of land of another shall also have access thereto (art. 1272).
LIVESTOCK AND ANIMAL PRODUCTION. Specific provisions apply to cattle path and passage (in the context of servitudes) and right of pasture. A servitude of cattle path creates the right to drive animals across the servient land. If the servient land is intended to function as a forest, it is forbidden to establish a servitude of cattle path. If a public body decides that servient land is intended to function as a forest after such a servitude has been established, the servitude is extinguished (art. 1275).
LAND. In the context of co-ownership and subdivision of land, article 1142 stipulates that agricultural land may only be divided in a way that it results in the creation of tracts of land which may be efficiently cultivated both in terms of their amount, as well as the possibility of permanent access. This does not apply if the land is to be divided for the purpose of erecting a structure or such a purpose for which the land may be expropriated.
Attached files
Date of text
Repealed
No
Source language
English
Legislation Amendment
No