The influence of the European Convention of Human Rights on the national private law
ECHR with its judicature as regards the positive obligations of the state (e.g. the cases Appleby and Others v. The United Kingdom and Pla and Puncernau v. Andora) influences on a national private law sistems. The doctrine of the positive obligations of the state is the doctrine, that has been devel...
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| Format: | Article |
| Language: | English |
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Pravni fakultet Sveučilišta u Splitu
2014-01-01
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| Series: | Zbornik Radova Pravnog Fakulteta u Splitu |
| Subjects: | |
| Online Access: | http://hrcak.srce.hr/file/190710 |
| _version_ | 1797423535403040768 |
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| author | Boštjan Tratar |
| author_facet | Boštjan Tratar |
| author_sort | Boštjan Tratar |
| collection | DOAJ |
| description | ECHR with its judicature as regards the positive obligations of the state (e.g. the cases Appleby and Others v. The United Kingdom and Pla and Puncernau v. Andora) influences on a national private law sistems. The doctrine of the positive obligations of the state is the doctrine, that has been developed on the basis of the ECHR and that pins responsibility on the state not only for the violations of the rights from the state and its organs or others public organs, but also for the violations, that results from the fact, that the state hasn't do something because of the lack of the system, but it should do. As regards the abovementioned the state is responsible also for the activities of the natural and legal persons of the private law. Article 1 of the ECHR namely recquests from the contracting states, that all persons, that are under their competence, guarantee the rights and freedoms, as they are defined in the ECHR. To ensure the effective protection of conventional rights there is a need to protect them not only against the state violations, but also against the decesive violations from the non-state actors (the s.c. thirds). Not only in the national legal systems but also in the system of the ECHR is the theory of the constitutional protective duties the best idea for the solving the problems of the violation of the legal goods, that are protectec by the ECHR, also against the non-state subjects. |
| first_indexed | 2024-03-09T07:49:15Z |
| format | Article |
| id | doaj.art-f4df039687ea476b9373a6f9168b54cd |
| institution | Directory Open Access Journal |
| issn | 0584-9063 1847-0459 |
| language | English |
| last_indexed | 2024-03-09T07:49:15Z |
| publishDate | 2014-01-01 |
| publisher | Pravni fakultet Sveučilišta u Splitu |
| record_format | Article |
| series | Zbornik Radova Pravnog Fakulteta u Splitu |
| spelling | doaj.art-f4df039687ea476b9373a6f9168b54cd2023-12-03T02:27:31ZengPravni fakultet Sveučilišta u SplituZbornik Radova Pravnog Fakulteta u Splitu0584-90631847-04592014-01-01514773793The influence of the European Convention of Human Rights on the national private lawBoštjan TratarECHR with its judicature as regards the positive obligations of the state (e.g. the cases Appleby and Others v. The United Kingdom and Pla and Puncernau v. Andora) influences on a national private law sistems. The doctrine of the positive obligations of the state is the doctrine, that has been developed on the basis of the ECHR and that pins responsibility on the state not only for the violations of the rights from the state and its organs or others public organs, but also for the violations, that results from the fact, that the state hasn't do something because of the lack of the system, but it should do. As regards the abovementioned the state is responsible also for the activities of the natural and legal persons of the private law. Article 1 of the ECHR namely recquests from the contracting states, that all persons, that are under their competence, guarantee the rights and freedoms, as they are defined in the ECHR. To ensure the effective protection of conventional rights there is a need to protect them not only against the state violations, but also against the decesive violations from the non-state actors (the s.c. thirds). Not only in the national legal systems but also in the system of the ECHR is the theory of the constitutional protective duties the best idea for the solving the problems of the violation of the legal goods, that are protectec by the ECHR, also against the non-state subjects.http://hrcak.srce.hr/file/190710positive obligationsthe rights of the ECHRprivate lawDrittwirkungthe ECHRthe European Convention on Human Rights |
| spellingShingle | Boštjan Tratar The influence of the European Convention of Human Rights on the national private law Zbornik Radova Pravnog Fakulteta u Splitu positive obligations the rights of the ECHR private law Drittwirkung the ECHR the European Convention on Human Rights |
| title | The influence of the European Convention of Human Rights on the national private law |
| title_full | The influence of the European Convention of Human Rights on the national private law |
| title_fullStr | The influence of the European Convention of Human Rights on the national private law |
| title_full_unstemmed | The influence of the European Convention of Human Rights on the national private law |
| title_short | The influence of the European Convention of Human Rights on the national private law |
| title_sort | influence of the european convention of human rights on the national private law |
| topic | positive obligations the rights of the ECHR private law Drittwirkung the ECHR the European Convention on Human Rights |
| url | http://hrcak.srce.hr/file/190710 |
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