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MORAVČÍKOVÁ
LAZAR, J.: Wealth
inequality and social function of private law. (Topical reflection).
Právny obzor, 99, 2016, č. 4, s. 287
– 309.
Abstract. Wealth inequality and social
function of private law. (Topical reflection). In the last three decades the
leading world economies witnessed a fundamental change in the wealth structure
of society, consisting in unprecedented growth of wealth inequality. This
serious social phenomenon has far-reaching negative implications and
consequences for economic, social, political, ethical and legal relations in
society. In this sense it also affects the area of private law, in particular
its social function. The process of „Great Divergence“ comes into conflict with
several principles of social doctrine of European private law and hence those of
private law legislation of the EU member states. It concerns among others the
implementation of principles such as principle of equality, non-discrimination,
solidarity and in particular principle of social justice in distribution of
wealth and material values. Its definition suggests that the theme comprises
multi-dimensional, complex and very wide interdisciplinary issues of various
relations and knowledge from several social science disciplines. This reflection
outlines the wider social context and utmost importance of the issue and names
its individual aspects or correlations and resulting problems, which, also from
the perspective of the sciences on the state and law, and especially civil law,
require scientific analysis and new solutions in this actual context. It is
rather an outline of assumptions and possibilities which, once confirmed in the
economic and political areas, could create a verified basis for the search for
new positive solutions in the area of protection of a weaker entity through the
institutes of private law, concerning not only obligation law as before, but
also the right in rem, not excluding more modern and suitable regulation of the
property right.
Key words: Wealth inequality, wealth
distribution mechanism, social function of private law, European social doctrine,
concept of social function of ownership, role of social sciences and sciences on
the state and law, instruments of private law
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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