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Consequences of the Boundaries between Private and Public Law in the Transportation of Persons

Publication at Faculty of Law |
2022

Abstract

The chapter deals with the relationship between private and public law in the Czech Republic. First, the historical development of this issue is analyzed, with emphasis on the concept of private and public law at the time of the adoption of the ABGB, during the totalitarian state (after 1948) and then within the current Civil Code.

Subsequently, strong links between private and public law are demonstrated on the example of passenger transport legislation. In particular, the issue of obtaining personal data in the case of transport control of a minor transported without a valid ticket shows that the existence of boundaries between private and public law can lead to consequences that appear to be obviously unfair (incurrence of a debt on the party of the child, for which should be held primarily accountable to his legal representatives).

The solution to the problem was not possible - in public law - other than by amending unsatisfactory legislation.