© 2016

The Influence of Human Rights and Basic Rights in Private Law

  • Verica Trstenjak
  • Petra Weingerl

Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 15)

Table of contents

  1. Front Matter
    Pages i-xiv
  2. General Report

  3. National Reports

    1. Front Matter
      Pages 63-63
    2. Stefan Perner, Moritz Zoppel
      Pages 99-114
    3. Jan Hurdík, Markéta Selucká
      Pages 187-198
    4. Dirk Looschelders, Mark Makowsky
      Pages 295-317
    5. Christina Deliyanni-Dimitrakou, Christina M. Akrivopoulou
      Pages 319-389
    6. Fruzsina Gárdos-Orosz
      Pages 391-419
    7. Jorge Sinde Monteiro, André Dias Pereira, Alexandre L. D. Pereira, Geraldo Ribeiro, Luís Fábrica, Mónica Jardim et al.
      Pages 483-533

About this book


This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions.

This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.


Basic Rights in Private Law Fundamental rights in private Law Fundamental rights in private relations Human Rights in Private Law Human rights and basic rights as an axiological binder Indirect horizontal effect Influence of Human Rights Influences on human rights and basic rights Protection of the basic rights in private law The fundamental rights in the “velvet revolution" Third party effect of basic rights

Editors and affiliations

  • Verica Trstenjak
    • 1
  • Petra Weingerl
    • 2
  1. 1.European Law UnitUniversity of ViennaViennaAustria
  2. 2.Faculty of Law & University CollegeUniversity of OxfordOxfordUnited Kingdom

Bibliographic information


“This book presents a comparative perspective on the influence of basic rights and human rights (fundamental rights) in private law across 18 national jurisdictions worldwide and within the legal order of the European Union. … The book offers a valuable contribution to this debate. Within the selected fields of private law, it provides broad and rich insight into various approaches in 18 jurisdictions from all over the world.” (Mirjam De Mol, Rabels Zeitschrift für ausländisches und internationales Privatrecht RabelsZ, Vol. 82 (02), 2018)