Karel Svoboda

Why do we Need a Preliminary Statement

Jurisprudence 7/2013 Section: Articles Page: 17-22

Keywords: preliminary statement, civil code, autonomy of will, guardianship

Abstract: With the effect of the new Civil Code (Act No. 89/2012 Coll.) the institute of the preliminary statement is introduced into the Czech legal system. The article critically analyzes the its normative form and tries to assume how the provisional statement would work in practice. The author also tries to cope with two at first sight contradictory principles on which the new civil code is based. The first is the principle of maximization of respect for the will and wishes of the ward, the second is the principle that it is primarily the responsibility of the guardian to enforce best interests of the ward, regardless of his will.