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About (non)applicability of general clause on good morals in practice

Publikace na Právnická fakulta |
2015

Tento text není v aktuálním jazyce dostupný. Zobrazuje se verze "en".Abstrakt

This thesis deals with three approaches to good morals in the most abstract meaning: good morals as a value term, as a discursive term and as a legal term. The third approach may be regarded as a controversial one which combines all the three approaches and implies on the first sight a result that the general clause of good morals is not applicable in practice and thus obsolete in the meaning of its direct application.

This opinion is revised in that manner, that the general clause of good morals is not obsolete, but the content of the good morals should be primarily filled by norms, principles and values which are already included in law.