The thesis focuses on the effect the fundamental rights have on civil obligations. The institute is known in the legal doctrine as the constitutionalization of private law. The development of constitutionalization began in 1950s in German case law and gradually spread to other jurisdictions, inter alia the jurisprudence of both European regional courts: European Court of Human Rights and European Court of Justice.
The thesis focuses on the influence that fundamental rights have on disputes considering justification of eviction. A review of relevant jurisprudence reveals there are several methods of applying fundamental rights to civil obligations. The legal doctrine roughly defines them as direct and indirect horizontal effect and the doctrine of positive obligations.
The application of fundamental rights on civil obligations uncovers several questions, including the question as to how the transfer from private to public sphere effects the content of the rights; how balancing between two fundamental rights impacts the civil obligations and whether the fundamental rights as a concept are too general to be used in civil disputes.
The last part of the thesis is dedicated to analysis of a case before the European Court of Justice: Mohamed Aziz v Caixa d´Estalvis de Catalunya, Tarragona i Manresa (Catalunyacaixa), which is the first case where fundamental rights were used in a dispute about justification of an evicition.
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