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Abuse of Law in the European and Comparative Context
Fuksová, Lucie ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
Abuse of Law in the European and Comparative Context This thesis aims at description and assessment of the principle of abuse of law in the Czech law. Characteristics and consequences of abuse of law are provided and put into context of legal systems and cultures different from the Czech one. Two major aspects of abuse of law are compared: its origin (i.e. emergence, legal basis in relation to character of given legal culture) and actual characteristics and ramifications of application of abuse of law. Where applicable, the consequences of the doctrine are provided separately for private and public law. In the Czech law, this sorting is more fine. This means that more branches of law are being characterized. European law, on the other hand, is not divided into any formal categories. The first part provides general theoretical basics. It deals with the way that legal principles work in the legal system and what is their role among other elements of law such as goals and values, and legal norms on the other hand. It provides description of the way that legal principles work during creation and application of law. The thesis also deals with consequences of application of the principle of abuse. The leading idea of this thesis states that "We must see the abuse of law to know it.". It is thus very...

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