Publication details
Two-Way Influencing of the Categories of Fundamental (Constitutional) Rights and Private Law Principles as the Result of Constitutionalization of
| Title in English | Two-Way Influencing of the Categories of Fundamental (Constitutional) Rights and Private Law Principles as the Result of Constitutionalization of Private Law in Light of the New Czech Civil Code |
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| Authors | |
| Year of publication | 2015 |
| Type | Article in Periodical |
| Magazine / Source | Journal of Civil & Legal Sciences |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Doi | http://dx.doi.org/10.4172/2169-0170.1000143 |
| Field | Law sciences |
| Keywords | Fundamental rights; Human rights; Constitutionalization of private law; Direct/indirect/strong/weak effect of fundamental/constitutional rights on private law; Private law principles; Private law values; Total constitutionalization of law |
| Attached files | |
| Description | This paper focuses on the consequences of a situation having evolved from a process ongoing at both the level of the European Union and the individual national level of EU Member States, generally known as constitutionalization of private law, or as the horizontal effect of fundamental rights arising from international, European and national constitutional provisions on human rights, in the specific conditions of the Czech Republic. Czech lawmakers introduced references and even partially adopted into the text of the Civil Code fundamental/human rights, by which it bared the yet rather latent question of mutual definition and mutual relationship of fundamental constitutional rights and private law principles. Assessing this relationship and its impacts forms the core of this paper. In conclusion, the author offers a proposal for resolving systemic discrepancy of the effect of human rights in the conditions of private law. |