The purpose of mandatory rules in private law and the degree of their severity - introductory sketch

Abstract

The contribution deals with the mandatory rules in private law. Since this field of party autonomy consists mainly of non-mandatory rules, ius cogens plays very important role in defining limits of the use of party autonomy and the individual rights.

Furthermore the contribution identifies the mandatory rules, analyses their purposes and functioning.

Keywords

• Mandatory rule
• ius cogens
• identification of mandatory rule
• standard of strictness
• limits of party autonomy