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A Structural Approach to the Effects of Fundamental Rights on Legal Transactions in Private Law

Abstract

Horizontal effect of fundamental rights – Legal principles – Dichotomy between private and public law – Systemic or anti-systemic elements in legal orders – Conflict between contractual autonomy and fundamental rights – Coherence in law – Balancing – Cases of permissibility of bank charges in the Czech and German legal systems – General clauses on good morals and good faith in private law

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Lecturer at the Department of Legal Theory and Legal Doctrines, Faculty of Law, Charles University, Prague; e-mail: ondrejek@prf.cuni.cz. The author wishes to thank J. Kysela, V. Janeček, J. Wintr and three anonymous reviewers of this article for their extremely helpful comments. The article was written within the Czech Science Foundation (GA ČR) project reg. No. 16-22016S ‘Legal Transactions and Legal Responsibility of Juristic Persons’.

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European Constitutional Law Review
  • ISSN: 1574-0196
  • EISSN: 1744-5515
  • URL: /core/journals/european-constitutional-law-review
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