Cesta spolkového práva
Path of the Association Law

Summary/Abstract: The paper is devoted to the contemporary and historical view on the association law. The basis of the contemporary conception lies in the reform of the Czech private law in 2012 that took form in the new Czech code of civil law that came into effect in January 2014. The societies are now classified directly in the civil code as a prototype of the civil corporation. The register of societies is now, for the first time in history, kept by the register courts of law. The path of the association law is defined by the reverse look at the partial legal history taking origin in the 19th century. Actual examples of the societies of the time are mentioned as well as their subsequent legal transformations. The paper is structured according to generally accepted political milestones in the history of the Bohemian Lands, Czechoslovakia, the Protectorate of Bohemia and Moravia, and later again Czechoslovakia till the contemporary legal situation in the Czech Republic. A special attention is paid to the Czechoslovak period from the beginning of the 1950s to 1990. In the given historical timeframe, actual cases from the political and legal life of specific societies are described, in the context of the detailed criticism of the political and legal situation that negatively influenced the freedom of association and association activity. Instead of a legal solution, the emphasis was put on a political approach adopted from the Soviet example. One of crucial legal thoughts in the paper lies in the contemporary emphasis on the private legal nature of societies as a type of civil corporations. This aspect used to be omitted since the very beginning of the associational life in the 19th century.

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