K problematice časové působnosti právních norem občanského zákoníku
On the issue of temporal applicability of legal norms of the Civil Code
Author(s): Martin SobotkaSubject(s): History of Law, Criminal Law, Civil Law, Philosophy of Law, Sociology of Law, Comparative Law
Published by: Masarykova univerzita nakladatelství
Keywords: temporal applicability; legal norms; retroactivity; Czech Civil Code; acquired rights; non-retroactivity;
Summary/Abstract: The article is a student paper. It delves into the temporal applicability of legal norms within the Czech Civil Code. It explores the relationship between legal norms and time, particularly focusing on cases where legal norms have retroactive effects. The discussion includes general theories of retroactivity and mentions current legal regulations. Sobotka emphasizes that legal norms should ideally apply prospectively, but acknowledges instances where retroactivity is unavoidable. The article also differentiates between true and false retroactivity, highlighting the complexities and challenges in applying new legal norms to existing legal relationships. The importance of protecting acquired rights and the principle of non-retroactivity in criminal law are also discussed. The work references the theories of A. Procházka and V. Knapp, among others, to provide a comprehensive analysis of the subject.
Journal: Časopis pro právní vědu a praxi
- Issue Year: 4/1996
- Issue No: 1
- Page Range: 142-165
- Page Count: 24
- Language: Czech