Although this paper focuses primarily on Czech company law, it begins with a description of the general legal development of Czech commercial (including company) law. The first part describes the social and historical background of the Czech law after the period of Communism (1948–1989), some defects ensuing from a paradigmatic understanding of law and problems with Czech case law. The paper tries to manifest that it is impossible to understand the Czech concept of (private) company law without a thorough knowledge of the legal thinking of current Czech judges and the relevant authorities. After this broad introduction, a selection of legal literature dealing with commercial and company law is provided.
The second part of the paper provides some general information on Czech company law, mainly its systematic incorporation into Czech private law and the structure of the Czech Commercial Code. The following sections describe each company type (partnership, limited partnership, limited liability company and joint-stock company) and co-operatives, including the European law connotation, supranational entities and their implementation in Czech law (Societas Europaea, European Interest Groupings and the European Co-operative Society). The anticipated future development of Czech private law (civil and commercial law) is sketched at the end of the paper, taking into account the drafts of the new Civil Code and Commercial Act and other new proposals related to private law.