Pojmenování a pojetí vzniku subjektivního a objektivního práva
The Name and Concept of Subjective and Objective Law

Summary/Abstract: The recent Czech legal theory has not suffuciently recognized the identity of relation of validity and existence within creation and implementation of rights on one hand and creation and implementation of law on the other hand; it has not recognized the difference between thinking de jure and thinking de facto and between legal terms and concepts given in legal acts and legal terms and concepts given by legal science.As regards the basic characteristic of the creation of law and right, the dualism of concepts describing law and a right can be unified and noetic monism of Is and Ought and theory and practice can be substituted by following legal theoretic concepts: the validity of a legal act and a legal norm, legal existence of a legal act and vacantia iuris. Validity is deemed by me as a legal conformity and bindingness. Legal existence is deemed by me as a legal conformity and non-bindingness of a legal act; legal existence also means that a legal act has been perfected and is conditionally changeable. Vacantia iuris is the period between legal existence and legal validity of a legal act. There are also differences in creation of law and right, especially in these fields: the consequences of erroneus legal acts, the publication or delivering of legal acts and a changeability of legal acts.

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