Projects / Programmes
Codification of Civil Law
| Code |
Science |
Field |
Subfield |
| 5.05.00 |
Social sciences |
Law |
|
| Code |
Science |
Field |
| S110 |
Social sciences |
Juridical sciences |
| S112 |
Social sciences |
Human rights |
| S114 |
Social sciences |
Comparative law |
| S130 |
Social sciences |
Civil law: persons, family, marriage contract, successions, gifts, property, obligations, guarantees |
| S155 |
Social sciences |
European law |
civil law, civil code, general rules of civil law, special rules of civil law, codification, code
Researchers (15)
Organisations (1)
Abstract
The entirety of civil law consists of several interconnected legal fields, based on common principles – law of obligations, real property law, inheritance law, family law, copyright law, commercial law and partly personal rights law. Regardless of the proposed systematic concept (one code or several acts), the said manifold legal fields must be in unison. The harmonization as presently existing in our civil law is not of an absolute nature; the main undertaking of the project thus being to uncover coordinated solutions. The harmonization has been partially accomplished through latest separate laws; however, one wishes for a legislative act encompassing the general rules valid for all above-mentioned specific fields of civil law. A deficiency of such a linking component (general section of the civil law) and the theorists’ attempts to enact it can also be distinguished in certain foreign codifications. As researchers in particular fields of civil law we are pursuing an identical intention: to develop these particular fields in accordance with the general rules of civil law, included in the so-called general section of civil law, which is to present itself as a synthesis of basic rules regarding the particular fields and general civil law maxims. Canons regulating the particular civil law areas are to be constantly improved and perfected in harmony with the achievements from other legal fields. The interference and interdependence of these areas (e.g. inheritance law and family law in relation to commercial law) should also be observed. Thus, all the efforts of the research project will be directed at constructing a consistent system of civil law. Family law presents a specific feature, predominantly due to the issue of its nature: is it to be incorporated into the entirety of civil law or should it have a special status in the legal system? Should solely the regulation of spousal property regime be included in the civil law, or should the civil law system in addition include the personal-proprietary relations? An identical question arises regarding the personality rights since they cannot be perceived as of a pure civil law nature; a separate regulatory regime would potentially result in a special field of “personality law” excluded from the system of civil law, regulating issues such as natural persons’ capacity.
