Ústavní hodnoty a autonomie vůle v právním jednání v soukromém právu
Constitutional Values and Autonomy of the Will in Legal Transactions in Private Law

Summary/Abstract: The article analyses horizontal effects of fundamental rights on the basis of structural analysis of set of values and systemic or antisystemic elements in law. In the article, the relevance of a dichotomy of private and public law is discussed on the example of cases concerning the lawfulness of bank fees (where Czech and German courts reached different solution). If we accept as a starting point crucial role of legal principles and values in contemporary law and if we broaden Jestaedt’s thesis about constitution “beyond” the (written) constitution on more general thesis about the existence of law (in the form of unwritten normative standards) beyond written law, then the conflict between contractual autonomy and fundamental rights needs to be understood in a broader way: not only as a conflict between positive legal regulations in the constitution and laws in private law, but also between fundamental principles and values in both of these branches of law.

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