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:

    What would we not give for some great poem to read now, which would be in harmony with the scenery,—for if men read aright, methinks they would never read anything but poems. No history nor philosophy can supply their place.
    Henry David Thoreau (1817–1862)

    A poet’s object is not to tell what actually happened but what could or would happen either probably or inevitably.... For this reason poetry is something more scientific and serious than history, because poetry tends to give general truths while history gives particular facts.
    Aristotle (384–323 B.C.)

    When the coherence of the parts of a stone, or even that composition of parts which renders it extended; when these familiar objects, I say, are so inexplicable, and contain circumstances so repugnant and contradictory; with what assurance can we decide concerning the origin of worlds, or trace their history from eternity to eternity?
    David Hume (1711–1776)