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:

    No one can understand Paris and its history who does not understand that its fierceness is the balance and justification of its frivolity. It is called a city of pleasure; but it may also very specially be called a city of pain. The crown of roses is also a crown of thorns. Its people are too prone to hurt others, but quite ready also to hurt themselves. They are martyrs for religion, they are martyrs for irreligion; they are even martyrs for immorality.
    Gilbert Keith Chesterton (1874–1936)

    In front of these sinister facts, the first lesson of history is the good of evil. Good is a good doctor, but Bad is sometimes a better.
    Ralph Waldo Emerson (1803–1882)

    To care for the quarrels of the past, to identify oneself passionately with a cause that became, politically speaking, a losing cause with the birth of the modern world, is to experience a kind of straining against reality, a rebellious nonconformity that, again, is rare in America, where children are instructed in the virtues of the system they live under, as though history had achieved a happy ending in American civics.
    Mary McCarthy (1912–1989)