Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.
As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.
AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.
Articles published in AUCI undergo an independent peer review process, which is anonymous on both sides. Reviewers from the field give their opinion on the scientific quality of the paper and the suitability of publication in the journal. In the case of comments, the opinion is sent back to the author with the possibility of revising the text (see Guidelines for Authors – Per Review Process for more details).
The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.
In 2021 the journal AUCI was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database Scopus. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite Scopus database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.
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AUC IURIDICA, Vol 11 No 4 (1964), 97–109
ArticleDůkaz cizího práva
[The Evidence of Foreign Law]
František Štajgr
DOI: https://doi.org/10.14712/23366478.2025.756
published online: 11. 02. 2021
abstract
The article states that the object of evidence of foreign law may be not only provisions of foreign substantive (material) law, but – notwithstanding the holding principle of lex fori – also the adjective (procedural) provisions of foreign law; examples are given for this allegation. An essential part of the article is constituted by the analysis and criticism of opinions, asserting that a foreign legal norm to which refers the norm of collision, is, in its quality as object of evidence, merely a legal fact. These opinions are considered by the author as being unacceptable, because they manifest a disdain of foreign legal norms and because they are this way in opposition to the principle of sovereignty of the foreign State, as well as to the principle of the equality of States. The author considers for the same reasons as unacceptable the so called theory of vested rights and the theory of local law, as well as the theory according to which the norm of collision, by refering to some foreign law, makes of such a law a part of the domestic law (the so called nationalization theory). From the fact that all these theories are unacceptable, the author concludes that, when ascertaining the content of a foreign legal norm to which refers the domestic norm of collision, the court is not bound by neither the domestic nor any other regulations concerning the evidence of legal data. If the court doesn’t succeed in ascertaining the content of the respective foreign norm or if it ascertains that no such norm or legal institution exist in the foreign State’s legislation in question, nothing else but an emergency solution is left, which means the application of domestic law. Finally the article gives a comment on the provision of the article 54, paragraph 1, of the Czechoslovak International Private Law Act, according to which the court can, if the content of the foreign norm is not known to him, take on its own initiative all measures in order to ascertain it, including a solicitation of information from the Ministry of Justice; the court is however not bound by such an information received from the Ministry.
Důkaz cizího práva is licensed under a Creative Commons Attribution 4.0 International License.
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ISSN: 0323-0619
E-ISSN: 2336-6478
