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.

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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
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article

Několik poznámek k rekodifikaci soukromého práva

Aleš Gerloch
AUC IURIDICA
European Criminal Justice and Data Protection
article

Několik poznámek k rekodifikaci soukromého práva

Aleš Gerloch
article en

Abstract

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.

AUC IURIDICAVol. 49(1)
Openalex Percentile: Top 97%
European Criminal Justice and Data Protection
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