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Theory of the divided personality of the State in the perspective of Czech case law

Publication at Faculty of Law |
2019

Abstract

When acting in the field of private law, the State can be described as a legal entity sui generis. Based on the differences from other legal entities, in particular concerning the unique regulation of legal action of the State, we can wonder, if some aspects of State's legal personality can be ascribed to its organizational units called organizační složky státu under Czech law.

The law on the one hand clearly provides that these organizational units are not legal entities, but on the other hand they are the real engines for any legal action of the State. Therefore Czech case law has come with the so-called Theory of the divided personality of the State.

The aim of this article is to study, on specific examples of the case law, the significance of the above mentioned theory for the relations within the State as well as for the legal relationships of the State with other legal entities.