Order public as a general clause in private law from the point of view European context

Abstract

Presentation of general clauses as a phenomenon in private law, their function and position a as tool of interpretation. Analyses of order public as one of general clauses.

Various forms of order public: ordre public of a police regime, order public in international private law, law of international civil procedure, order public in private law with a focus on French law. Introduced in to the Czech Civil Code (the order public interne) became a defensive mechanism against most dangerous influences.

Resolution for domestic order public: it is based on fundamental rights.

Keywords

• general clauses
• civil law
• order public in international private law
• procedural law and private law (order public interne)