Několik poznámek k rekodifikaci soukromého práva
The author deals with three levels of this issue. Initially, the author summarizes the significance of a statute and a code in the continental type of legal culture and in private law especially. The author refers to some new connexions like a growing role of international treaties in national laws, relation of national legal regulation to dynamic EC law and, as a result, growing confusion in law and its latent unsteadiness and inconsistency. The newly prepared codification will hardly change this tendency. Successively, the author brings his attention to the relationship between the Civil Code and The Charter of Fundamental Rights and Liberties and using examples the author demonstrates the synthesis of ius-naturalism and ius-positivism in recent law. Finally, the author attends to the consequences of codification in teaching of law at law faculties of universities in the Czech Republic.
Authors
- Aleš Gerloch
Publication Details
- Journal
- AUC IURIDICA
- Published
- 2025-02-13
- DOI
- https://doi.org/10.14712/23366478.2025.166
- Primary Topic
- European Criminal Justice and Data Protection
- Type
- article
- Field-Weighted Citation Impact
- 0.00