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@article{1359106, author = {Rozehnalová, Naděžda}, article_location = {Katowice}, article_number = {8}, keywords = {codification - private international law - methodology - concept}, language = {eng}, issn = {0208-6336}, journal = {Silesian Journal of Legal Studies}, title = {Codification of Czech Private International Law: Methodology and Concept}, volume = {Neuveden}, year = {2016} }
TY - JOUR ID - 1359106 AU - Rozehnalová, Naděžda PY - 2016 TI - Codification of Czech Private International Law: Methodology and Concept JF - Silesian Journal of Legal Studies VL - Neuveden IS - 8 SP - 91-103 EP - 91-103 PB - Wydawnicztvo Universitetu Slaskiego SN - 02086336 KW - codification - private international law - methodology - concept N2 - The new Czech legislation is – in short – primarily legislation corresponding to the classical approach to private international law. It follows from the basic position of lex fori and refers, through its conflict-of-law rules, to foreign laws only in cases involving a cross-border (international) element (which is of legal significance). Nonetheless, derogation from this rigid approach is possible in cases worthy of consideration. The legislation is based on equality of laws. In matters that require the consideration of social values (the position of the consumer, the position of the worker under an individual employment contract, the rights of children), the legislation goes beyond the “blind choice of law”, and also utilises, along with public policy, the “material” approach. This means that the choice of law is only made at the level of substantive law. In addition to the applicable private law, account is also taken of the impact of public law (mandatory rule), thus also reflecting especially economic regulations, including various interventions, from those related to the export and import of goods to currency interventions. ER -
ROZEHNALOVÁ, Naděžda. Codification of Czech Private International Law: Methodology and Concept. \textit{Silesian Journal of Legal Studies}. Katowice: Wydawnicztvo Universitetu Slaskiego, 2016, Neuveden, č.~8, s.~91-103. ISSN~0208-6336.
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