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Methods of Interpretation in Czech Private Law

Publication at Faculty of Law |
2018

Abstract

This contribution aims to clarify the specific features of various methods of interpretation in private law. This is why it first examines how the legal norms comprised in private law should be construed.

After that, attention is turned to the question of interpreting the concept of "legal acts" (or "legal conduct"). The author concludes that, in the two above cases, the use of interpretation methods results in completely different manners of interpretation.

If linguistic, systematic and logical interpretation serves correctly as the starting point in the construction of law, where these methods are followed by teleological interpretation, in the case of legal acts, the order is exactly the opposite. The basic method of interpreting legal acts is teleological, while systematic and logical interpretation can only serve to establish the intent followed by the person taking the act.