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Publication details
Teorie absolutních a relativních soukromých subjektivních práv
Title in English | Theory of absolute and relative private subjective rights |
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Authors | |
Year of publication | 2023 |
Type | Article in Periodical |
Magazine / Source | Právní rozhledy |
MU Faculty or unit | |
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. |