Czech Law - History

History

The basic outlines of Czech law originate from the age of enlightened absolutism, from 19th century Civil Code of the Austrian Empire (famous ABGB).

These very thorough and thick books are a prime example of the Napoleonic, byzantine system known as Continental (or civil) law tradition and of course leave no space for common law. The main source of the law is thus legislature.

During major regime changes (the creation of sovereign and democratic state in 1918, German occupation, communist takeover, Russian occupation, revolution in 1989 – good few for such a small nation in such a short period), the way chosen was always hanging onto legal continuity and gradual adaptation and amendments of statutes to the new situation.

The procedure is inquisitorial, based on the what the Romans did, although, as in most of continental Europe, it is now being more and more contaminated (in a good way) by the adversarial system. Still there is no place for jury. The judge (or panel of judges) is the main actor of the proceedings.

Read more about this topic:  Czech Law

Famous quotes containing the word history:

    Yet poetry, though the last and finest result, is a natural fruit. As naturally as the oak bears an acorn, and the vine a gourd, man bears a poem, either spoken or done. It is the chief and most memorable success, for history is but a prose narrative of poetic deeds.
    Henry David Thoreau (1817–1862)

    Revolutions are the periods of history when individuals count most.
    Norman Mailer (b. 1923)

    Books of natural history aim commonly to be hasty schedules, or inventories of God’s property, by some clerk. They do not in the least teach the divine view of nature, but the popular view, or rather the popular method of studying nature, and make haste to conduct the persevering pupil only into that dilemma where the professors always dwell.
    Henry David Thoreau (1817–1862)