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Principles of the Private Law
Dvorská, Petra ; Dvořák, Jan (advisor) ; Selucká, Markéta (referee) ; Thöndel, Alexandr (referee)
This thesis; apart from an introduction of the concept of legal principles, their importance and settlement of their conflicts; deals with an analysis of legal provisions relating to the legal principles and policies in the first, general section, Chapter I of the Civil Code, as these are the primary provisions with relevance to the entire private law. It further evaluates state of the current legislation and its positive and negative aspects. It focuses in detail on the principle of fairness, as it is a principle aiming for an important improvement of legal relations. It also deals with the key interrelated principles of the civil law - the principle of the freedom of choice, and the principle of equality and protection of the weaker party; their importance is also followed in chapters devoted to the selected special legal regulations of the private law (family law, labour law, and commercial law). Chapter 4 of this thesis deals with analysis of importance and role of good morals in the civil law. An independent section focuses on the term of public order in the civil law providing explanation of their common function. It also provides detailed analysis of legal construction of definition of nature of legal rules, seen not just as a theoretical legal problem, but also a practical one, as it is the...
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