Acta Universitatis Carolinae Iuridica

Ondřej Málek

AUC IURIDICA

Income Taxation Conference

所得税会议

This article presents a critique of the Orthodox View of legal personhood, which traditionally aligns personhood with the capacity to hold rights and duties. It explores the Bundle Theory proposed by Visa Kurki, which redefines legal personhood as a cluster concept composed of passive and active elements, and which challenges the binary nature of personhood, proposing a spectrum ranging from full to partial personhood. It also considers which entities can be legal persons and offers a brief overview of new, alternative ontologies.

Zsófia Folková

Beyond Dualism(s): A New Approach to Legal Personhood in Contemporary Legal Theory

超越二元论：当代法律理论中法人资格的新路径

The theory of artifacts can be understood as primarily focusing on function when counting something as an artifact. With that starting point, projects aimed at the identification of the function of law contribute to arguments about categorizing law as an artifact. The purpose of this study is to highlight the challenges of this endeavor. Before beginning with search for law-functions, questions about the postulates on the relations between an artifact, law, and function (axiomatic stage) have to be addressed and the proper methodological approach must be found which is capable of addressing the contingency problem (methodological stage).

Mario Krešić

In Search of the Functions of the Legal System: Axiomatic and Methodological Stages

法律制度功能探寻：公理与方法论阶段

This article discusses the controversial pay or okay business model and examines its legal prerequisites and implications when used on online platforms within the European legislative environment. The analysis begins with a review of a decision by the Court of Justice of the European Union, which deemed this model legal, followed by exploration of its theoretical and practical problematic aspects. Criticism of the model primarily focuses on freely given consent and the pricing of the “pay” option. Consequently, the European Data Protection Board and certain national authorities have formulated positions and outlined criteria to consider when contemplating the implementation of the pay or okay business model.

Kristýna Bónová

Peníze, nebo (soukromý) život! Ochrana osobních údajů v obchodním modelu pay or okay

钱，还是（私人）生活！保护个人数据在“付费或同意”商业模式中的重要性

The paper deals with the problem of conflicts between fundamental rights by presenting and analysing one of the possible methods for the resolution of such conflicts. The method in question is the so-called interpretative-subsumptive method, developed by Spanish legal philosopher Juan Antonio García Amado. The interpretative-subsumptive method represents an alternative to the mainstream method used for the resolution of conflicts between fundamental rights – judicial balancing, and particularly the version developed by Robert Alexy. After the introduction, interpretative-subsumptive method is contextualised by presenting Garcia Amado’s ideas which are of relevance for the inquiry – his inclusive legal positivist views, the theory of legal interpretation he ascribes to and his understanding and typology of fundamental rights and their conflicts. After that, in the central section of the paper, the theoretical framework of the interpretative-subsumptive method is presented, along with its application to a Spanish Supreme Court case, followed by the criticism that has been raised and ending with conclusions.

Marin Keršić

Alternatives to Judicial Balancing: Interpretative-subsumptive Method according to Juan Antonio García Amado

司法平衡的替代方案：胡安·安东尼奥·加西亚·阿马多诠释-涵摄法

Publication Information	Publisher: Univerzita Karlova，Publishing cycle: ，Journal Type: journal，Open Access Journals: Yes
Basic data	Year of publication: 2019，Proportion of original research papers: 0.00%，Self Citation Rate:N.A.， Gold OA Rate: 0.00%
Average review cycle	网友分享经验：25 Weeks

Acta Universitatis Carolinae Iuridica

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Income Taxation Conference

Beyond Dualism(s): A New Approach to Legal Personhood in Contemporary Legal Theory

In Search of the Functions of the Legal System: Axiomatic and Methodological Stages

Peníze, nebo (soukromý) život! Ochrana osobních údajů v obchodním modelu pay or okay

Alternatives to Judicial Balancing: Interpretative-subsumptive Method according to Juan Antonio García Amado

Income Taxation Conference

Beyond Dualism(s): A New Approach to Legal Personhood in Contemporary Legal Theory

In Search of the Functions of the Legal System: Axiomatic and Methodological Stages

Peníze, nebo (soukromý) život! Ochrana osobních údajů v obchodním modelu pay or okay

Alternatives to Judicial Balancing: Interpretative-subsumptive Method according to Juan Antonio García Amado

ISSN	0323-0619, 2336-6478
h-index	2