Judikatura Ústavního soudu k dobrým mravům.

Constitutional Court jurisprudence (case law) on good morals.

Prof. JUDr. Pavel Šámal, PhD., dr. h. c., Ústavní soud ČR, Právnická fakulta UK v Praze, Právnická fakulta UP v Olomouci.

Právny obzor, 108, 2025, č. 5, s. 409 – 434.

Published online: 2025

https://doi.org/10.31577/pravnyobzor.2025.5.01

Abstract. After explaining general approaches to good morals in legal theory and jurisprudence of the Supreme Court the journal article deals with the case law of the Constitutional Court when assessing an objection to the limitation period made in violation of good morals, assessing rent with regards to good morals, as well as other cases of applying the corrective of good morals in private law (e. g. when protecting the property rights of an ex-wife or when exercising rights under a loan agreement by a creditor against joint and several debtors). The Constitutional Court particularly emphasizes that good morals can and should assist ordinary courts in finding a constitutionally compliant solution to a specific case under consideration. The corrective of good morals is a kind of open „gate“ through which constitutional values and principles can be „let into sub-constitutional law“ in situations where the interpretation of the law leads to unjust or otherwise problematic and disproportionate consequences from a constitutional point of wiew. In conclusion, the problem is solved that this case law, created mainly on the basis of Section 3, Paragraph 1 of the Civil Code of 1964, must be transformed into the new provisions of Sections 6 and 8 of the new Civil Code, also in the light of Section 2 Paragraphs 1, 3 of the new Civil Code, according to which the interpretation and application of a legal regulation must not only be in accordance with the Charter of Fundamental Rights a Freedoms and constitutional order in general, with principles on which this Civil Code is based, as well as with constant regard to the values that are protected thereby, and must not be in conflict with good morals. The article attempts to find an answer to the question of how the existing jurisprudence will be applied, taking into account the principle of honesty in legal relations (Section 6 of the new Civil Code), or the principle that „obvious abuse of law does not enjoy legal protection“ (Section 8 of the new Civil Code).

Key words: good morals (boni mores); jurisprudence (case law); principle honesty in legal relations (dealings); obvious abuse of law

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ISSN 2729-9228
(online)

ISSN 0032-6984
(print)

THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.

Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).

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