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  1. 1 Z Dziejów Prawa

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  1. 1 LaclavíKová M.

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  1. 1 2012

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Recepcia práva a vznik právneho poriadku medzivojnovej Československej republiky

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LaclavíKová M.
Z Dziejów Prawa
|
2012
|
vol. 5(13)
211-232
EN
The end of World War I, dissolution of multinational Austria-Hungary and consequent for- mation of independent national states, borders of which were internationally guaranteed in the peace Treaty of Versailles, affected law development in the territory of Slovakia. These facts were not from the viewpoint of private law as substantial as revolution acts of 1848/1849; how- ever, they meant minimally a change in State and legal conditions, usually connected more or less with efforts to create new, mostly “national” law and a legal order. The revolutionary for- mation of the Czechoslovak Republic did not provide the time needed for creation of materially new law, and thus the institute of reception of law found its application, principally necessarily, meaning that from the material or contentual viewpoint the legal order of the newly established Czechoslovak State was identical to the legal order of the ceasing to exist Austria-Hungary, ex- cept for necessary changes related to the changes of the State and legal conditions. With regards to the fact that the legal order of Austria-Hungary was not internally, formally or materially the same, reception of law content determined existence of two legal areas in one, often claimed to be unitary, State. The author was interested in the legal area of Slovakia, where as consequence of reception former Hungarian legal norms (transformed to Czechoslovak norms valid in the territory of Slovakia) remained valid; and in its framework sources of private law, in particular specific for the Hungarian legal order — the legal customs and binding decisions of the Hungar- ian Supreme Court (the so-called curial decisions).
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