Publication details
Zkušenosti s novou právní úpravou v praxi
| Title in English | Experience with Exercising of Civil Codes in Countries Where Reform of the Private Laws has been Implemented |
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| Authors | |
| Year of publication | 2014 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | The author in this chapter deals with the application and interpretation of private law in those countries where the private law has been reformed (Czech Republic, Poland, Romania, Hungary, Germany). He concludes that in almost all countries where the recodification has been implemented, there was a transitional period with the decreasing of legal certainty. The author further focuses on the issue of conservatism of the case-law, which is also reflected in the legal traditions of selected countries. On the example of immaterial objects of private rights he illustrates that different legal traditions may lead to a different interpretation of similar legal texts. Conservatism of the court case-law he illustrates also on the issue of the transfer of accessories (accessorium sequitur principale). |