Publication details
KUBEŠ, V. Mimořádné poměry a smlouvy úplatné
| Authors | |
|---|---|
| Year of publication | 2023 |
| Type | Editorship of scientific publication |
| MU Faculty or unit | |
| Citation | |
| Description | The monograph "Extraordinary Circumstances and Contracts of Consideration" comes from the early period of Kubeš's scientific work, when he dealt with civil law. Kubeš completed his manuscript in January 1943 and responded to the extraordinary circumstances in the field of contract law caused by the war and to the hundreds of newly issued regulations of the controlled economy, which significantly interfered with previously concluded contracts. Kubeš thus did not deal with a topic that could only be classified as theoretical, but with a topic that was highly topical from the point of view of legal practice during the Nazi occupation of the Czech lands and the ongoing Second World War. The basis of this edited work by Kubeš is an analysis of selected provisions of the General Civil Code (ABGB) and the German Civil Code (BGB) in force at the time, and is therefore of lasting value. As in several of his other publications, Kubes has included extensive interpretations of natural law in connection with § 7 of the ABGB in many places, thus underlining its importance. He also emphasizes the role of the judge in his decision-making. Although this book is primarily civil in nature, its author also addresses other areas of legal scholarship in many places, such as the legal philosophical background of the issues discussed. Kubeš's manuscript dealing with the impact of the prevailing extraordinary circumstances on contracts is being published eighty years after it was written and is not only of purely legal historical significance, but can also be a source of inspiration for contemporary civil law scholarship. |