Interpretation of Czech law according to the rules of interpretation of the Civil Code : How to interpret these rules of interpretation?
Abstract
Until 2014, the prevailing view in the Czech Republic was that interpretation and interpretation methods are a domain of legal theory and not of the applicable law. However, this has changed with the entry into force of the (new) Civil Code. In particular, Sections 2 and 13 contain rules that determine how to proceed when interpreting the law.
However, these interpretation provisions are themselves part of a normative legal text, i.e. as such are subject to interpretation. It must be considered that the Czech legal theory regarding the procedure of interpretation only agrees on the question of the order to be followed in the interpretation. Everyone seems to agree that one must start from the outward form of legal norms, first read the norm and place it in a certain context, and only then is it possible to interpret it from the point of view of purpose (regardless of whether it is a current and objective purpose or a purpose pursued by the historical legislator). However, there is already disagreement as to which methods of interpretation can be distinguished at all, and a major disagreement concerns the problem of what importance should be attached to these individual methods. The aim of this paper is an attempt to answer the question: How could or should the Czech interpretation rules be interpreted?