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The concept of the person in the Czech legal order and in the pure legal science

Publication at Faculty of Law |
2018

Abstract

The aim of the article is to answer the question of how the construction of a person in the Czech statutes was influenced by the pure theory of law (PLT). For this reason, the author first looks at how the person has been legally defined in the statutes applicable on the territory of the Czech Republic in the period from 1811 to the present day.

Subsequently, he explains the normative conception of the person as a personified set of legal norms. Special attention is therefore also dedicated to the subjective right, which the PLT conceives as a legal norm.

On this basis, the author then arrives at the conclusion that the PLT has influenced a construction of the person under the Civil Code of 1964, and says that it is even possible to designate this conception as a normativist one, i.e. in accordance with the PLT.