Constitutionalization of Private Law on the Example of Limits of Legal Transactions of Juristic Persons
2016
Abstract
Horizontal effects of fundamental rights in private law usually range from strict acknowledgement of direct effect and strict denial of any effect of fundamental rights in private law whatsoever. Presented article deals with legal transactions, subjects of which are juristic persons, and tries to concretize various factors influencing concrete forms of horizontal effect of fundamental rights.
From among those factors a closer analysis involves asymmetrical legal relations (on the example of banks and their clients) and permeation of private and public law (on the example of suspension from political party's body).