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:

    While the Republic has already acquired a history world-wide, America is still unsettled and unexplored. Like the English in New Holland, we live only on the shores of a continent even yet, and hardly know where the rivers come from which float our navy.
    Henry David Thoreau (1817–1862)

    If usually the “present age” is no very long time, still, at our pleasure, or in the service of some such unity of meaning as the history of civilization, or the study of geology, may suggest, we may conceive the present as extending over many centuries, or over a hundred thousand years.
    Josiah Royce (1855–1916)

    What we call National-Socialism is the poisonous perversion of ideas which have a long history in German intellectual life.
    Thomas Mann (1875–1955)