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Autonomie vůle – zhodnocení stavu
Autonomy of the will –
evaluation of situation
Univ.-Prof. Dr. Georg Kodek,
LL.M., WU – Institut für Zivil – und Zivilverfahrensrecht, Wien, Austria
Právny obzor, Volume 102, 2019,
No. 6,
pp. 457 – 469.
Published online: 31.8.2021
Abstract. Autonomy of
the will is the essential concept of private law. Autonomy of the will means the
possibility for each legal person to organise its legal relations according to
its own free will. It is part of the general principle of self-determination and
is it specified mostly by norms of private law. Traditionally, autonomy of the
will is most strongly exercised in the law of obligations. Nevertheless,
autonomy of the will is never exercised without any restriction. Limitations on
autonomy of the will result not only from the need to protect the others, but
also from the protection of public interests. In any case, it is essentially
undeniable in legal orders of free democratic states.
Key words: privite law,
freedom of contract, restring the freedom of contract, public policy limitation
of freedom of contract
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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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