PRINCÍPY A PRINCÍPMI CHRÁNENÉ HODNOTY OBČIANSKEHO PRÁVA V 21. STOROČÍ – NÁČRT FORMALIZOVANEJ METODOLÓGIE
Principles and principle-protected values of the civil law in the 21st century – outline of the formalised methodology
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The article outlines the problematics of methodology of principles of civil law at the time that is by modern philosophy traced as a hypermodern age. The hypermodern age is characterized by an unprecedented boom of technology, and also by an inclination to rational individualism and liberalism. It undoubtedly has an impact on the principles of private law and procedural law. They are seen as orders to methodological optimize production, but also the application and interpretation of civil norms. The author sees the principles as the most basic level of normative axiomatic system. As axioms, they are then transferable to a formalized lambda calculus of first order of predicate logic without identity, what is submitted on several principles in the article. As a basic hermeneutical meta-principle is, pursuant the author, considered rational legislator form which are deducible other principles of creation, but also the application and interpretation of civil law of 21st century.
369 – 377
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