HODNOTOVÁ ORIENTÁCIA NAVRHOVANÉHO SLOVENSKÉHO KÓDEXU SÚKROMNÉHO PRÁVA A ZÁSADA OCHRANY SLABŠIEHO SUBJEKTU
Value orientation of the drafted Slovak private law code and the principle of protection of the weaker party
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The article is based on the assumption that from the legal philosophical aspect modern private law has undoubtedly a significant social dimension, in particular due to the Europeisation. It is manifested in the increased need of protection of weaker party in the private-law relations. The indicated social function of private law is also the basis of the value orientation of the prepared Slovak Civil Code. Adequately to the substantive scope of the code, this function is projected virtually into all its parts. In this way the protection of weaker party, in indivisible unity with the principles of free autonomy of will and legal equality of individuals, become a regular principle of private law, including its code. This principle should lead to the achievement of the real equality of private-law entities, which remains the fundamental principle of this subsystem of law. Ultimately, the purpose of the widest possible application of the protection of weaker party in law is to strike a balance of the interests of all stakeholders and thus achieve an equitable result corresponding to the rules of equity and good morals.
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