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Two-Way Influencing of the Categories of Fundamental (Constitutional)Rights and Private Law Principles as the Result of Constitutionalization of Private Law in Light of the New Czech Civil Code | Abstract
ISSN: 2169-0170

Journal of Civil & Legal Sciences
Open Access

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Research Article

Two-Way Influencing of the Categories of Fundamental (Constitutional)Rights and Private Law Principles as the Result of Constitutionalization of Private Law in Light of the New Czech Civil Code

Jan Hurdík*

Department of Civil Law, Masaryk University, Czech Republic

*Corresponding Author:
Jan Hurdik
Professor of Civil Law
Vice- Head of Department of Civil Law
Masaryk University, Czech Republic
E-mail: [email protected]

Received Date: June 18, 2015 Accepted Date: June 20, 2015 Published: June 30, 2015

Citation: Hurdík J (2015) Two-Way Influencing of the Categories of Fundamental (Constitutional) Rights and Private Law Principles as the Result of Constitutionalization of Private Law in Light of the New Czech Civil Code. J Civil Legal Sci 4:143. doi:10.4172/2169-0170.1000143

Copyright: © 2015 Hurdík J. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.

Abstract

This paper focuses on the consequences of a situation having evolved from a process ongoing at both the level of the European Union and the individual national level of EU Member States, generally known as constitutionalization of private law, or as the horizontal effect of fundamental rights arising from international, European and national constitutional provisions on human rights, in the specific conditions of the Czech Republic. Czech lawmakers introduced references and even partially adopted into the text of the Civil Code fundamental/human rights, by which it bared the yet rather latent question of mutual definition and mutual relationship of fundamental constitutional rights and private law principles. Assessing this relationship and its impacts forms the core of this paper. In conclusion, the author offers a proposal for resolving systemic discrepancy of the effect of human rights in the conditions of private law.

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