VÝKLAD A APLIKÁCIA DOBRÝCH MRAVOV A ZÁSAD POCTIVÉHO OBCHODNÉHO STYKU V ROZHODOVACEJ ČINNOSTI SÚDOV
Interpretation and application of good morals and principles of the fair trade in decision-making of courts
The first part of the contribution deals with the issue of contradiction of a legal act with good morals. It defines the term of good morals and their function in law, as well as the substance of contradiction of the legal act with good morals. It analyses the application of the provision of Art. 39 of the Civil Code. It refers to the most serious weaknesses in the application of Art. 39 in the case-law. The second part of the contribution is devoted to the enforcement of law and to the principles of fair trade. First it analyses the terms enforcement of law and principles of fair trade. Then it examines the issue of application of the provision of Art. 265 of the Civil Code in the case-law. It deals with the following specific problems: relationship of provision of Art. 265 of the Commercial Code and the provision of Art. 3 (1) of the Civil Code; relationship of the provision of Art. 39 of the Civil Code and the provision of Art. 265 of the Commercial Code, as well as the issues of an abuse of law enforcement and moderation law.
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