Publication details
Idea přirozeného práva a občanský zákoník
| Title in English | Idea of Natural Law and Civil Code |
|---|---|
| Authors | |
| Year of publication | 2017 |
| Type | Article in Periodical |
| Magazine / Source | Acta iuridica olomucensia |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | civil law; natural law; natural rights; human rights; interpretation of law |
| Attached files | |
| Description | Contemporary Czech Civil Code declares its relationship with theories of natural law by very significant way. In its sections it explicitly operates with the concept of natural rights. In his text the author asks the question if such basis of the Civil Code is appropriate. He analyses the causes of the contemporary situation and also critical reactions to it. He dedicates a large attention to the differentiation of natural, human and fundamental rights and the effects of inadequate distinguishing of them. At last he reaches the conclusion that rational interpretation of the term „natural rights“ in Civil Code leads to the nonsensical results. Nowadays this term has only a symbolic meaning. However the author indicates the ways by which it could get a reasonable sense in the future. |