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.
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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.
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AUC IURIDICA, Vol 45 No 1 (1999), 211–217
Politické strany – kontinuita a diskontinuita (právní kazuistika)
[Political Parties – Continuity and Discontinuity (Legal Casuistry)]
Jiří Boguszak
DOI: https://doi.org/10.14712/23366478.2025.300
published online: 31. 03. 2020
abstract
Prof JUDr. Jiří Boguszak, DrSc., deals in his paper called “Political Parties – Continuity and Discontinuity (Legal Casuistry)” mainly with general characteristics of development of legal position of political parties in our country. A major part of the paper, the casuistry itself, is dedicated to property case of CSSD (Czech Social Democratic Party). The reason is a case, complicated from the interpretation point of view – dispute over People’s House that has been dragging on for years in the post-November period. For ruling in the case it is important to decide, among other things, the question of factual and mainly civil existence of political parties. The author cites in this context act 15/1990 Col. which provides for establishing, change and termination of political parties as artificial persons and he considers them to be an artificial person of a specific kind. The author argues that the question that needs to be decided is focused on the issue of legal continuity of the political party, that is CSSD. CSSD abroad has never stopped its activity and it participated in congresses of Socialist International. In 1990 XXIII. The congress of the party, so-called restoration congress, took place in Prague, party organization abroad was Jater transformed imo another, foreign region of CSSD. These facts together with reflections on illegality of “fusion” with KSC (Communist Party of Czechoslovakia), and continuity between the parties existing before World War II and after it, show that the present CSSD is fully authorized to bear continuity, including civil continuity.
Politické strany – kontinuita a diskontinuita (právní kazuistika) is licensed under a Creative Commons Attribution 4.0 International License.
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