Ordre Public, Abuse of Rights and Other General Clauses and the New Czech Civil Code

Abstrakt

This paper deals with several basic categories which are often called principles or basic rules of civil or private law. We consider good faith, good morals, ordre public and other categories mentioned in the civil code to be general clauses and will analyse them in this respect.

For the Czech Civil Code it is characteristic that, in contrast to some of its predecessors and in comparison to some foreign codifications, it is literally overflowing with such general clauses; this holds especially true for the basic principles of the general part. The subject of this contribution is foremost a sort of introduction into another text which will deal with the significance and functioning of these general principles .

Klíčová slova

• Civil Code
• Czech Republic
• Abuse of Rights
• Ordre Public