Charles Explorer logo
🇬🇧

Concept of Relative Invalidity of Legal Acts

Publication at Faculty of Law |
2015

Abstract

This thesis deals with the issue of invalidity, namely the ""relative"" invalidity (i. e. the voidable juridical acts). I chose this topic because of its high topicality, since the juridical acts and its legal consequences are the one of the most important titles (reasons) of the creation, modification and termination of rights and duties.

The concept of ""relative"" invalidity is, however, broad and it cannot therefore be within the scope of this thesis comprehensively and thoroughly explained. As the core of the thesis I chose the issue of the consequences of the "general" infringement of law, infringement of morality and infringement of the public order to the juridical acts in the form of invalidity, either ""relative - voidable"" or ""absolute - void"".

Even if the thesis does not contain the topic of ""absolute"" invalidity, it must also be discussed to the extent necessary, since both "relative" and "absolute" invalidity are figures that are interdependent and cannot simply be torn away from each other. The structure of the thesis reads as follows: First, the historical background of the concept of "relative" invalidity is described, followed by its conception in CC 1964 and the Commercial Code.

Furthermore, it deals with the concept of ""relative"" invalidity in CC 2012, including the in favorem negotii principle. This is followed by the consequences of infringement of the law, the morality and the public policy with regard to the invalidity.

At the conclusion there is an issue of impacts of the invalidity of legal acts into the area of tax law.