Právní povaha vnitřních předpisů soukromé vysoké školy ve vztahu ke studujícím: statutární předpisy, či obchodní podmínky?
Legal Character of Private University Statutes in Relation to Students: By-laws or Terms and Conditions?

Summary/Abstract: The Higher Education Act, as amended in the beginning of 2025, regulates private university statutes in a manner similar to the way public university statutes are governed. One might therefore question whether private and public university statutes are of the same legal nature. In the present article, the authors argue that this is not the case. They firstly assert that, unlike at public universities, education at private universities is provided within a contractual relationship. Secondly, it is argued that private schools are not self-governing bodies in the same sense as public universities are, only being self-governing in the sense of independence on the state. It is therefore not to qualify private university statutes as by-laws. Rather, they should be considered a specific case of terms and conditions, the incorporation of which is modified by the Higher Education Act. Under this approach, students are contractually bound by them ex lege, i.e. without the necessity to include a specific clause incorporating them in the study contract.

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