Publication details
Doložky veřejného blaha a neurčité právní pojmy v nacistickém smluvním právu
| Title in English | Public Welfare Clauses and Vague Concepts of the Nazi Conract Law |
|---|---|
| Authors | |
| Year of publication | 2011 |
| Type | Article in Proceedings |
| Conference | COFOLA 2011: the Conference Proceedings |
| MU Faculty or unit | |
| Citation | |
| Web | http://www.law.muni.cz/dokumenty/13178 |
| Field | Law sciences |
| Keywords | Private law; Third Reich; Nazi law; unlimited interpretation; general clause; public welfare clauses |
| Description | The so called public welfare clauses are characteristic for the Nazi enactments in both, the public and the private law. The public welfare clauses were nothing but vague concepts of law, which influenced the interpretation of law in the practice of the courts. Through these clauses, the Nazi ideological “welfare of the community has priority over the welfare of an individual” principle was enforced. Consequently, the general clauses coming from the Weimar Republic period were interpreted differently and after 1933, new ones were massively created. These vague concepts of law made it possible to change the adopted law (which was influenced by liberal ideas) through legal interpretation, without intervention of the legislator. The intention of Nazis was to keep a semblance of legality – they wanted to incite the impression, that after their takeover of power, the law was being changed not by passing statutes arbitrarily, but in a completely legal manner. |
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