Informace o publikaci
Codification of Czech Private International Law: Methodology and Concept
| Název česky | Kodifikace českého mezinárodního práva soukromého: metodologie a koncept |
|---|---|
| Autoři | |
| Rok publikování | 2016 |
| Druh | Článek v odborném periodiku |
| Časopis / Zdroj | Silesian Journal of Legal Studies |
| Fakulta / Pracoviště MU | |
| Citace | |
| Obor | Právní vědy |
| Klíčová slova | codification - private international law - methodology - concept |
| Popis | The new Czech legislation is – in short – primarily legislation corresponding to the classical approach to private international law. It follows from the basic position of lex fori and refers, through its conflict-of-law rules, to foreign laws only in cases involving a cross-border (international) element (which is of legal significance). Nonetheless, derogation from this rigid approach is possible in cases worthy of consideration. The legislation is based on equality of laws. In matters that require the consideration of social values (the position of the consumer, the position of the worker under an individual employment contract, the rights of children), the legislation goes beyond the “blind choice of law”, and also utilises, along with public policy, the “material” approach. This means that the choice of law is only made at the level of substantive law. In addition to the applicable private law, account is also taken of the impact of public law (mandatory rule), thus also reflecting especially economic regulations, including various interventions, from those related to the export and import of goods to currency interventions. |