Reform of Private Law in the Czech Republic

Hulmák, Milan (2024) Reform of Private Law in the Czech Republic. In: Codification of Civil Law: Assessment, Reforms, Options. Legal Heritage . Central European Academic Publishing, Miskolc–Budapest, pp. 229-258. ISBN 978-615-6474-72-8 ISBN (epub) 978-615-6474-73-5 ISBN (pdf) 978-615-6474-74-2

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Abstract

This chapter presents the reform process of private law in the Czech Republic, specifically focusing on the significant and successful wave of recodification achieved in 2012. Previous attempts at modernising Czech civil law, as well as the major elements of the reform, and their effects on various branches of law, such as commercial, consumer, labour, and family law, are documented. Furthermore, the main sources of inspiration, and some legal transplants utilised during the reform are presented apart from the major challenges faced in their implementation (including erroneous translation, and misunderstanding the conceptual models of foreign rules, the adaptation of which was desired). The transformations of case law under the new rules are also touched upon. Finally, later amendments and corrections enacted to complement the 2012 reform are presented.

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