Contractual fairness, contractual freedom and horizontal effects of constitutional rights. Theoretical reflection on recodified Czech private law
2022
Abstract
One way in which the value of justice or fairness manifests itself in private law is through a broad interpretation of fundamental rights. The key question addressed in the presentation were: How to reconcile contractual fairness and contractual freedom (that is a manifestation of the most fundamental principle of private law - the autonomy of the will)? In order to provide answer to this question, several examples of decision-making in the Czech Republic will be illustrated as well as the fact how the new Czech Civil Code of 2012 addressed this issue.