Zásada dispozitivnosti a její místo v rodinném právu
Title in English | Non-mandatory rules in theirs place in the family law |
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Authors | |
Year of publication | 2009 |
Type | Article in Proceedings |
Conference | Dny práva 2009 |
MU Faculty or unit | |
Citation | |
Web | http://www.law.muni.cz/sborniky/dny_prava_2009/files/prispevky/sblizovani/Rozbora_Marian__1358_.pdf |
Field | Law sciences |
Keywords | Principles of family law; mandatory rules; non-mandatory rules |
Description | Work deals with the question the non-mandatory rules, and theirs place in the family law. However, the family law is usually marked as the part of the private law, and the fundamental principle of the private law is the autonomy of will, and result the principle of the non-mandatory rules. But the family law regulates specific matter, so in the family law is a lot of mandatory exception. The main reason is given by the principles of protection of weaker party, solidarity and good faith. However, nowadays the non-mandatory rules are increased, in the family law it is different and we cannot expect same way. |
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