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Venire contra factum proprium nulli conceditur

Publication at Faculty of Law |
2017

Abstract

The author analyzes one of the important private law principles that accents the principle of trust in a private law person and the resulting foreseeability of the intended legal consequences of the negotiator. Although this principle is reflected in a number of provisions of the czech Civil Code, the author has focused on her manifestations of inheritance law, in particular the impossibility of refusing the inheritance, when the actual previous steps have shown a different intent.

In order to strengthen the conclusions on the universal validity of the principle under examination in private law, the author also compares with its modalities in the Swiss and Quebec hereditary law which, despite certain different legislative constructions, consistently fulfill this principle.