Charles Explorer logo
🇬🇧

Theoretical aspects of application of fundamental rights on legal relations of legal persons

Publication at Faculty of Law |
2020

Abstract

The article highlights differences in the conception of human and fundamental rights, focusing on the effect of fundamental rights on legal relations of juristic persons as artificial legal entities. Human rights belong exclusively to people, while fundamental rights can also be granted to legal persons by the constitution maker.

Given the different nature of legal persons versus people, a more detailed theoretical justification of the applicability of fundamental rights to legal entities is needed. The factual inequality in the nature and, often, in the economic power of natural and legal persons, also leads to a different view of the horizontal effects of fundamental rights in relations between a natural and a legal person than in legal relations between two natural persons.