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Negative Prescription and Good Morals
[Promlčení a dobré mravy]

Author

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  • Anton Radaikin

Abstract

The article emphasizes the meaning of good faith and traditional institutes of civil law - prescription and preclusion. This publication proposes to contribute to the illumination of exception of prescription against principles of good faith. A number of Court decisions are dedicated to this aspect; however, complex analysis is required. All legal relationships exist within a certain time frame. One of the key tasks of the general civil law is to define formal and substantive concepts of the Rule of Law. Time also plays an important role in defining the time period within which the participants in a trial have the right or are obliged to take certain procedural steps. Any law specifies the period of time within which legal action must be brought. Expiration of the time period causes loss of a legal right or entitlement. An exception of prescription in general is consistent with principles of good faith. However, under certain assumptions, exception of prescription establishes enforcement against the principles of good faith.

Suggested Citation

  • Anton Radaikin, 2011. "Negative Prescription and Good Morals [Promlčení a dobré mravy]," Acta Oeconomica Pragensia, Prague University of Economics and Business, vol. 2011(4), pages 55-65.
    • Handle: RePEc:prg:jnlaop:v:2011:y:2011:i:4:id:340:p:55-65
    DOI: 10.18267/j.aop.340
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    More about this item

    Keywords

    Good morals; prescription; breach of good faith;
    All these keywords.

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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