(1) A person is not acting unlawfully if, with a purpose for self-defence, he or she takes, destroys or damages a property or, for the same purpose, restrain an obligated person who might hide away, or removes the resistance of the person obligated to tolerate…
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Article 17. Avoidance of illegal acts made by a public authority
(1) An act issued by a public authority which violates the rights and legally protected interests of a natural or legal person is to be avoided by a court as of its adoption. (2) In case if a court avoids an act provided by paragraph…
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Article 16. Legal remedies for civil rights
(1) Subject to the law, civil rights are protected by: a) recognition of the right; b) reinstatement of the situation existing prior to the violation of the right and prohibition of actions which violate rights or create the risk of their violation; c) declaration of…
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Article 15. Judicial protection of civil rights
(1) Violated civil rights are protected by the courts. (2) The manner of resolution of disputes between the parties before applying to a court can be provided by law or contract. (3) Civil rights are protected by administrative procedures only in cases provided by law.…
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Article 10. Exercise of rights and performance of obligations
(1) Natural and legal persons participating to civil legal relationships must exercise their rights and perform their obligations with good faith, in a manner consistent with the law, contract, public order and good morals. Good faith is presumed until proven otherwise. (2) Failure by natural…
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Article 9. Grounds of rights and civil obligations
(1) Civil rights and obligations arise under law, as well as under acts of natural and legal persons which, although not provided by law, generate civil rights and obligations based on the principles of civil legislation. (2) Civil rights and obligations arise: a) under contracts…
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Article 19. Reparation of loss
(1) Subject to law, a person whose right or legally recognized interest was violated may seek full reparation of the pecuniary and non-pecuniary loss caused thereby. (2) Pecuniary loss includes expenses which the infringed person incurred or will incur for the purpose of reinstating its…
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Article 13. Abuse of rights
(1) No right may be exercised predominantly for the purpose of causing another person a loss or otherwise to damage her or him (abuse of rights). (2) In case of an abuse of rights, a court, taking into account its nature and consequences, may deny…
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Article 7. Temporal application of civil law
(1) Civil law has no retrospective effect. It does not amend nor exclude the requirements for constitution of a legal situation constituted in the past, nor the requirements for the ending of a legal situation ended in the past. Further, a new law does not…
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Article 6. Analogy of statute and analogy of law
(1) Where there is no regulation in the law or by the parties’ agreement and in absence of an usage, relationships governed by Article 2 are governed, unless it contravenes their nature, by the rule of civil legislation which governs similar relationships (analogy of statute).…