Einige Probleme der Vergangenheitsbewältigung am Beispiel der Restitutionen in der Tschechischen Republik
| Title in English | Selected Problems of the Process of Coming to Terms with the Past at the Example of Restitutions in the Czech Republic |
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| Authors | |
| Year of publication | 2012 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | The study deals with the questions of treatment the past events in the field of restitution legislation in the history and the contemporary Czech Republic.The author analyses the question of instruments used in dealing with the issues of injustices committed in the past – with such instruments as repressions, reparations, amnesties, satisfaction, rehabilitation and restitution or compensation. It demonstrates with the examples of the experience with the changes on the territory of the Czech Republic in the years 1918, 1938, 1945, 1989 and 1992. These instruments have been also widely used in the years 1918-1920 and 1945-1946. One could not say that there was created a particular a theory of outdoing or treatment of the history. Rather a typical Czech pragmatism prevailed there. The main attention dedicated to the issue of restitution. The author emphasizes there is a classic puzzle in this area - in which way to express the problems of remedies or reparations by healing of injustice with the help of modest, thread and prosaic legal figures and constructions provided for us by jurisprudence. Using the confined legal formulations and constructions, lawyers should find a viable way for remedy and at the same time to avoid new injustices. As most important main legal instruments and legal solutions are considered by the author in this field: (a) determining a period of time when the injustice was committed; (b) the determination of the persons concerned (entitled persons and obligated ones) what generates a number of delicate issues, (c) the definition of the reasons for the elimination and for the treatment of committed injustice and (d) the methods of interpretation of restitution legislation both by domestic courts, and by international jurisdiction. These problems are therefore demonstrated on the example of the most important restitution laws (Law No. 87/1991 Coll., on the extrajudicial rehabilitation and Law No. 229/1991 Coll., on land ownership). |
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