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Teleological interpretation in private law
Anzenbacher, Vilém ; Beran, Karel (referee)
Teleological interpretation in private law Abstract This thesis deals with the problem of teleological interpretation in private law which, after the re-codification of private law in the Czech Republic has become a vital interpretative method in the process of interpretation of private legal rules. This PhD thesis describes the historical development of approaches to teleological interpretation and its relation to the other interpretative methods. Interpretation of the law is a complex process and individual interpretative methods cannot be approached separately but, on the contrary, in their mutual context. Such procedure is also encouraged by the interpretative provisions contained in the introduction to the new Civil Code. In this thesis, the so-called four-element scheme, namely the division of interpretative methods to teleological, historical, linguistic and systematic interpretation were chosen which also correspond to the categorization that can be inferred from the wording of the new Civil Code. The work is divided into chapters with the content of chapter two to seven forming the focal point, while the first chapter is the introduction and the eighth chapter is the conclusion. In the second chapter, the question of private and public law and the concept of interpretation itself are examined....
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Teleological interpretation in private law
Anzenbacher, Vilém ; Beran, Karel (referee)
Teleological interpretation in private law Abstract This thesis deals with the problem of teleological interpretation in private law which, after the re-codification of private law in the Czech Republic has become a vital interpretative method in the process of interpretation of private legal rules. This PhD thesis describes the historical development of approaches to teleological interpretation and its relation to the other interpretative methods. Interpretation of the law is a complex process and individual interpretative methods cannot be approached separately but, on the contrary, in their mutual context. Such procedure is also encouraged by the interpretative provisions contained in the introduction to the new Civil Code. In this thesis, the so-called four-element scheme, namely the division of interpretative methods to teleological, historical, linguistic and systematic interpretation were chosen which also correspond to the categorization that can be inferred from the wording of the new Civil Code. The work is divided into chapters with the content of chapter two to seven forming the focal point, while the first chapter is the introduction and the eighth chapter is the conclusion. In the second chapter, the question of private and public law and the concept of interpretation itself are examined....
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Teleological interpretation in private law
Anzenbacher, Vilém ; Wintr, Jan (advisor) ; Večeřa, Miloš (referee) ; Maršálek, Pavel (referee)
Teleological interpretation in private law Abstract This thesis deals with the problem of teleological interpretation in private law which, after the re-codification of private law in the Czech Republic has become a vital interpretative method in the process of interpretation of private legal rules. This PhD thesis describes the historical development of approaches to teleological interpretation and its relation to the other interpretative methods. Interpretation of the law is a complex process and individual interpretative methods cannot be approached separately but, on the contrary, in their mutual context. Such procedure is also encouraged by the interpretative provisions contained in the introduction to the new Civil Code. In this thesis, the so-called four-element scheme, namely the division of interpretative methods to teleological, historical, linguistic and systematic interpretation were chosen which also correspond to the categorization that can be inferred from the wording of the new Civil Code. The work is divided into chapters with the content of chapter two to seven forming the focal point, while the first chapter is the introduction and the eighth chapter is the conclusion. In the second chapter, the question of private and public law and the concept of interpretation itself are examined....
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Teleological interpretation and the case law of Czech courts
Koželuha, Patrik ; Wintr, Jan (advisor) ; Ondřejek, Pavel (referee)
Univerzita Karlova v Praze Právnická fakulta Patrik Koželuha Abstract: Teleological interpretation and the case law of Czech courts The purpose of my thesis is to analyze teleological interpretation from both the theoretical and the practical point of view. Since the use of teleological interpretation by Czech courts has increased in the last two decades, the reason for my research is to present recent legal discussions related to the teleological interpretation. The thesis also examines the arguments which support or criticise such method of interpretation and compares them to contemporary judicial decisions. The thesis is composed of two main chapters; each of them explores the teleological interpretation from a different perspective. The first part is a theoretical part which summarizes acquired knowledge of legal theory concerning teleological interpretation. The second part deals with detailed analysis of selected judicial decisions. The aim of the thesis is to provide a reader with a comparison between theoretical and practical approach to the teleological interpretation. The opening subchapters of the theoretical part explicate what the statutory interpretation is. It also attempts to outline the limits of interpretation. Subsequently, the study presents and characterises the main methods of...
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