Obecný občanský zákoník a veřejné právo. Rakouská monarchie na cestě k modernímu státu
| Title in English | General Civil Code and Public Law. Austrian Monarchy on the Road to Modern State |
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| Authors | |
| Year of publication | 2011 |
| Type | Article in Proceedings |
| Conference | 200 ABGB. Od kodifikace k rekodifikaci českého občanského práva. Sborník z mezinárodní vědecké konference |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Codification; the modern State; features of a modern State; public law; relationship to the private law; the General Civil Code and the constitutional law |
| Description | The author examines the relevance of the General Civil Code 1811 (GCC) for the development of the public law in a historical perspective to the present. In this context, the attention is paid to relation of private and public law in the preparatory works on GCC in the 18th century, further to the proposal to prepare also a Political Code, which should have to codify the Austrian public law. As a prerequisite for the adoption of such code of law the author defines the essential features of the modern State in terms of the nature and organization of State power, its territory, the status of the individual and the nature of the system of law. Furthermore, he deals in detail with the development of the science of constitutional law that was grown in the Austrian monarchy from the 18th century under label of General statistics. At the conclusion the author ask the questions of possibilities of interference and interaction between constitutional law and of private law in the historical development. |
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