Občanský zákoník bez ústavy (ke 200. výročí ABGB)
| Title in English | Civil Code without a Constitution (the 200th Anniversary of General Civil Code 1811) |
|---|---|
| Authors | |
| Year of publication | 2011 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro právní praxi |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Modern state; Constitution; Civil Code; Public Law; Private Law; |
| Description | The author examines the relevance of the General Civil Code 1811 (GCC) for the development of the public law in a historical perspective to the present. In this context, the attention is paid to relation of private and public law in the preparatory works on GCC in the 18th century, further to the proposal to prepare also a Political Code, which should have to codify the Austrian public law. As a prerequisite for the adoption of such code of law the author defines the essential features of the modern State in terms of the nature and organization of State power, its territory, the status of the individual and the nature of the system of law. Furthermore, he deals in detail with the development of the science of constitutional law that was grown in the Austrian monarchy from the 18th century under label of General statistics. At the conclusion the author ask the questions of possibilities of interference and interaction between constitutional law and of private law in the historical development. |
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