Pavel Ondřejek
Author’s affiliation: Faculty of Law, Charles University in Prague

Constitutionalization of Private Law on the Example of Limits of Legal Transactions of Legal Persons

Jurisprudence 4/2016 Section: Articles Page: 32-41

Keywords: legal person, legal transaction, constitutionalization of private law, horizontal effect of fundamental rights

Abstract: The horizontal effects of fundamental rights in private law usually range from the strict acknowledgement of direct effect to the strict denial of any effect of fundamental rights in private law whatsoever. The presented article deals with legal transactions, the subjects of which are legal persons, and it tries to concretize the various factors influencing the concrete forms of the horizontal effect of fundamental rights. From among those factors, a closer analysis involves asymmetrical legal relations (on the example of banks and their clients) and permeation of private and public law (on the example of suspension from political party’s body).