ISSN / EISSN : 0323-0619 / 2336-6478
Published by: Charles University in Prague, Karolinum Press (10.14712)
Total articles ≅ 227
Latest articles in this journal
AUC IURIDICA, Volume 67, pp 57-69; https://doi.org/10.14712/23366478.2021.25
Principles of legal ethics, whether written or unwritten, not only regulate the conduct of legal practice but also reflect the basic assumptions, premises, and methods of the legal system within which the lawyer operates. They also reflect the profession’s conception of its own role in the administration of justice. The objective of this paper is to analyse the ethical rules, to define the relationship of a lawyer to the court and his duties in proceedings, competent representation, confidentiality, and personality of the lawyer, and further deal with the legislation contained in the Czech Act on Advocacy and the Code of Conduct.
AUC IURIDICA, Volume 67, pp 71-96; https://doi.org/10.14712/23366478.2021.26
This article is part of my dissertation on The Czech Republic as a Secular State. Its purpose is to explain what a secular state is, how it originated, how it has developed, and how it can be defined. Since the model of the laic state was primarily created in the gradually developing process of secularization in France and is linked to the local constitutional principle of laïcité, the article focuses primarily on this country. The article is divided into three interrelated parts. The first part discusses the constitutional principle of laïcité, unique to France, and its development up to 1958; the second part examines the process of the separation of the state from the church and the process of the formation of the secular state, taking into account the legal and constitutional aspects of this process; and the third, the most extensive part, examines the development of both legal secularism and laïcité from 1958 to the present. Moreover, it puts the whole development in the context of the state’s, gradually escalating, reaction to the growing influence of the “new” religions, especially Islam.
AUC IURIDICA, Volume 67, pp 7-36; https://doi.org/10.14712/23366478.2021.22
This scientific study deals with the issue of judicial protection of a member of the community of unit owners after the amendment of Act No. 89/2012 Sb., The Civil Code, as amended by Act No. 163/2020 Sb. (with effect from 1 July 2020). Judicial protection of a member of a community of unit owners covers three basic issues. The first is the issue of judicial protection against invalid and void resolutions of the Assembly. The second is the issue of a substantive review of valid assembly resolutions by the court. Finally, the issue of replacing pending resolutions of the assembly by court decisions. The study deals with both substantive and procedural issues. The author formulates the conclusion that the legal regulation is very complicated from a theoretical point of view and from a practical point of view will cause considerable difficulties in application.
AUC IURIDICA, Volume 67, pp 49-55; https://doi.org/10.14712/23366478.2021.24
The article deals with the way legislation defines the term “senior employee” and how the interpretation is influenced by recent case law of the Constitutional Court. The first part of the article focuses on an analysis of the legal term “senior employee” in accordance with the present legislation as well as relevant judicature and doctrine. The second part of the article is based on a description of the way the Constitutional Court deviated from the interpretation of mentioned term and its aspects which were until then, considered defining. The article continues in the third section with the presentation of other examples of decision making contra verba legis throughout the judicial system of Czech Republic. The aforementioned sections are followed by the fourth part, which consists of a conclusion of the previous content and brings deliberations de lege ferenda.
AUC IURIDICA, Volume 67, pp 191-193; https://doi.org/10.14712/23366478.2021.33
Book review on Pavel Ondřejek. Koncepce práva jako systému. Praha: Wolters Kluwer, 2020, 261 s.
AUC IURIDICA, Volume 67, pp 129-152; https://doi.org/10.14712/23366478.2021.29
The New Israeli Basic Law that was adopted in 2018 called “Israel – the Nation State of the Jewish People” divided the Israeli society. Part of the inhabitants accepted this law with enthusiasm because of its emphasis on the reasons why the State of Israel was established. On the contrary, the more secular part of Israeli society, as well as the minority citizens, strongly objected to this law and described it as an unjust disregard of the non-Jewish citizens, an act of racial discrimination or even an apartheid. The aim of this paper is mainly to examine selected provisions of this law, i.e., the provisions related to the Israeli citizens, under public international law and find out to what extent these legal provisions are in accordance with or in contrary to international law.
AUC IURIDICA, Volume 67, pp 37-47; https://doi.org/10.14712/23366478.2021.23
As a key result of the three-year research project is labelled the expert opinion published in the Journal of Medical Law and Bioethics. The aim of the project was to identify and analyse problems related to surrogacy in Czech legislation. The key result does not take into account many aspects of surrogacy. Some stated opinions seem very problematic and most of them need to be explained or, at least, put to the ray of extensive consideration. This article shows other, polemic opinions with hopes to be noticed as an academic discussion on such an important topic.
AUC IURIDICA, Volume 67, pp 111-127; https://doi.org/10.14712/23366478.2021.28
Central bank digital currencies (CBDCs) are Bitcoin-inspired currencies that combine aspects of virtual currencies with FIAT money. Many central banks and countries around the world are thinking about or planning to introduce some form of CBDC. Among them, China is leading the way, being the first country to issue their CBDC (Digital RMB) into circulation, even if it is yet a pilot program only. This article focuses not only on the Digital RMB and its legal implementation but also on the political, historical, and economic circumstances of its birth, which, when talking about anything related to China, is often crucial to understanding the phenomenon more than the legal provisions themselves. The aim is to deepen the understanding of legal policies in China and open a discussion about the Digital RMB.
AUC IURIDICA, Volume 67, pp 167-179; https://doi.org/10.14712/23366478.2021.31
This paper presents an overview of the legal regulation and practice related to the confiscation of works of art in the so called “time of oppression”, which is a legal term for a historical period from 30.9.1938 to 4.5.1945 in the territory of the recent Czech Republic. Since the aim of the paper is to serve as a handout helping to understand the historical context by applying the restitutional statute No. 212/2000 Sb., it shows no detailed case study, but concentrates on an instructional overview. After a brief introduction, which explains the aim of the paper and defines its scope, the time of oppression is divided into two phases – the so called Second Republic and the Protectorate of Bohemia and Moravia. There is a short characterism of the respective phase and an indicative timeline describing the Era of Protectorate. The following parts deal with the legal regulation and confiscation praxis in more detail. The era of the so called Second Republic is by the nature of things shorter; however, the roots of the oppression practice are well illustrated. On the other hand, the description of the protectorate era required it to be subdivided into three parts: i) an introduction of the basic legal framework; ii) institutions dealing with confiscation; and iii) the disposition of confiscated goods, taking into account the museum practice.
AUC IURIDICA, Volume 67, pp 181-187; https://doi.org/10.14712/23366478.2021.32
This article deals with the legal basis of due managerial care, whose nature determines the rules applied in case of a breach of due managerial care concerning damages. The article summarizes recent professional discussions on the topic and deals with three major theoretical approaches defining due managerial care either as an obligation from law, or an obligation from contract, or an obligation sui generis. The article discuses arguments for and against each approach, puts forward the author’s critics regarding the mentioned discourses, and brings the author’s own look at the problem, the key point of which is the necessary consistency of a conclusion not only for a statutory body, but also for other elected bodies of a legal person.