Diferenciačné kritériá dispozitívnosti v českom civilistickom prostredí – časť I.
Distinctive Criterions of Non-mandatory Rules in Czech Private Law Surroundings – Part 1

Summary/Abstract: The work is divided into three parts. This 1st part is the attempt to find distinctive criterions of mandatory and non-mandatory rules. Author deals especially with civil (property and concrats) law, but not only. Criterions are usable also e. g. in commercial law or labour law. In the first chapter, however article doesn’t describe itself non-mandatory rule, it was necessary to make some marks about this. A ground of work is in the second chapter, which is called distinctive criterions between ius cogens and ius dispositivum. Author takes judicature of Czech’s courts and relevant literature into accounts. Starting point for determination individual criterions is explanation of legal rule. Express prohibition and express (categorically) order follow from lingual explanation. Sanction of invalidity, request of written form, conceptual – characteristic feature and protectionist – „social“ law follow especially from teleological explanation. Systemic and systematic criterions follow from systemic explanation. Given criterions on many occasions mediate the most important principles of private law, such as good faith, fair dealing etc.

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