This work examines the compatibility of prohibition of discrimination in private law and the principle of autonomy of will which is the leading principle of private law. For this purpose, the work analyses both principles and their limits, examines their conflict and possible coexistence. First of all, this work deals with the prohibition of discrimination in private relationships and the extend of its effect. This extend is limited by the scope of the Antidiscrimination Act as well as by certain exceptions from equal treatment. Considering the fact that antidiscrimination law does not have a long tradition in the Czech Republic, this work uses international law and EU law, as well as relevant case law, to interpret the norms of antidiscrimination law. Further, this work focuses on the principle of autonomy of will which is the fundamental prerequisite for realization of the will of individuals in private law. Besides the content of the principle of autonomy of will, this work analyses its limitations given by private law acts, especially Civil Code and Labour Code. The conflict of prohibition of discrimination and the autonomy of will is can be perceived from different perspectives. Some of them are mentioned in this work. In essence, this conflict is a conflict of two fundamental rights, equality...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:354044 |
| Date | January 2016 |
| Creators | Buchtová, Kateřina |
| Contributors | Kühn, Zdeněk, Ondřejek, Pavel |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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