Actual problems of legal theory that rises from application of transition provisions of new czech civil code
Abstract
We would like to look into application over time of new Czech civil codex. Although the Czech theory of law has not paid enough attention to the problem of intertemporality, it seems that this would be the major topic in recent civil law discourse.
In first part of the article we wanted to reveal main problems of transitional provisions, which are incorporated at the very end of Czech new civil codex, especially the conflict between principles of legitimate expectations and equal treatment to parties. In second part of article we applied general understanding of how to interpret transitional provisions to the particular problem of introductory provisions of new civil codex, especially on the problem of retroactive effects of these provisions.