Publication details

Teorie absolutních a relativních soukromých subjektivních práv

Title in English Theory of absolute and relative private subjective rights
Authors

TVRDÍK Ivan

Year of publication 2023
Type Article in Periodical
Magazine / Source Právní rozhledy
MU Faculty or unit

Faculty of Law

Citation
web Odkaz na článek v systému Beck-online
Keywords private subjective rights; absolute rights; relative rights; classification of subjective rights; absolute and relative rights
Description The regulation of private rights and obligations in the Civil Code (as well as the whole system of private law) is based on the distinction between absolute and relative subjective rights. However, the theory of this distinction is elaborated only sketchily in our current legal doctrine. In particular, it is not recognised that the distinction between absolute and relative subjective rights is primarily qualitative. It lies not primarily in how many persons they affect (erga omnes - inter partes), but in their different nature. The article is an attempt to provide a comprehensive compilation of the existing theoretical knowledge.

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