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Lex Schwarzenberg - historical and legal view of the issue

Publication at Faculty of Law |
2017

Abstract

The purpose of this study is to analyse the Act no. 143/1947 Sb., on the transfer of the assets of the Hluboka's branch of the Schwarzenbergs to the Czech country, also known as the "Lex Schwarzenberg". It is an extraordinary case in the Czech legal history, from the point of view of its context and of its nature.

For law research, the Act no. 143/1947 Sb. was something new and unique, which is still true today. As it was also addressed in the Constitutional National Assembly, it was a set of standards that lacks generality. is theoretical-legal defect is most often explained by the ideological change of the post-war conditions and the new political forces in Czechoslovakia, therefore, one of the objectives of the study was to analyze Lex Schwarzenberg in relation to this fact.

The study is also focused on examining the law-making process.