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Rekodifikace a nenormativní judikatura ve světle měnících se hodnot u Evropského soudu pro lidská práva – případová studie z oblasti práva dědění po rodičích (Codification and Non-Normative Case Law in the light of Shifting Values in the European Court of

Introduction

This paper seeks to examine the implications of the case law of the European Court of Human Rights (ECtHR) for codifiers, the courts and individual citizens and will address the nature and extent to which this case law forms the basis for modification, interpretation, re-evaluation and action for states. It will focus upon the jurisprudence relating to patrimonial and inheritance rights, which are governed by private laws (i.e., laws governing the relationship between individuals, rather than between the state and the individual), which have traditionally been thought to be largely outside the control of international intervention. Despite the narrowness of the field of law discussed in this paper, several general points emerge from it which inevitably have an impact on the whole field of private law, and those who formulate it.

Re-codification and Non-Normative Case Law in the Light of Shifting Values in the European Court of Human Rights – a Patrimonial Law Case Study.

This paper seeks to examine the implications of the case law of the European Court of Human Rights (ECtHR) for codifiers, the courts and individual citizens and will address the nature and extent to which this case law forms the basis for modification, interpretation, re-evaluation and action for states.