On 1 April 2021 has been issued an article of professor Bělohlávek on „Partial Invalidity of Legal Acts in Czech Law“ in the periodical „Právník“ („The Lawyer“) published by the Institute of State and Law of the Czech Academy of Science
Partial invalidity of legal acts is in the Czech law subject of Section 576 Civil Code. This provision stipulates specific conditions under which this procedure is applicable, more precisely under which conditions a legal act is invalid in its entirety instead of partially. However the full invalidation often brings significant impacts on legal certainty and reasonable expectations of the parties. Therefore this construct is to be applied with maximum caution and only in really uttermost cases in which the application of only partial invalidity is due to different reasons not possible. The article of professor Bělohlávek enjoys the ambition to clarify the fundamental principles of the concept of partial invalidity and to compare it with the past legislation, as well as with selected foreign laws. The aim of this contribution is also to focus on problematic application of this procedure going out from the theoretical starting point and using practical examples. Problems with the particular phenomenon relate especially to the practice of the Supreme Court of the Czech Republic and other Czech courts, which is not judicially consistent in this area. By this article the author has in particular the ambitions to explain why the Czech law as well as foreign laws and international environment increasingly lean towards partial invalidity.