Právnické osoby veřejného práva a nový občanský zákoník

The concept of juridical persons is usually regulated in general terms by the codes of civil law. At the same time, it is possible to apply a special approach of public civil law to some of these persons. It is especially the public law juridical persons in respect of which this special approach is applied. It is the issues of their coming into existence, their legal forms and special conditions or restrictions that are dealt with. In this respect the codeces of private law are usually rather reserved and leave sufficient space to special legal rules to regulate appropriately public law juridical persons. Unlike the strictly defined private law juridical persons, a certain loose characteristic is typical of public law juridical persons. It is therefore unacceptable for the development of this category of juridical persons that they should be strictly defined as they are in s. 88 (1) (2) of the Civil Code. Such definition entirely contravenes the possible variety of forms of public law juridical persons which after all have been introduced in our system of law. This article describes three fundamental types of public law juridical persons already existing in the Czech Republic – corporations, institutions and funds. A special attention is paid to state as the most important corporation and a public administration entity.