Civil law, that governs contractual relations and determines the civil liability of the construction participants, must be harmonized with public law, which lays down binding provisions in the public interest. Public law restricts the contractual regulation of civil engineering by determining the elements that are necessary to ensure the public interest. The public interest must be protected during construction, as the building of facilities concerns third parties; neighbors, passers-by or future users, and the environment. Therefore, public law regulations require the acquisition of appropriate consent, permits, and partially determine the design and implementation of contracts in civil engineering, in order to ensure, above all, the public interest in the safety, sustainability, and placements of facilities. They also provide other restrictions to construction in the public interest, which makes obligation law regulation on the same issues superfluous. No comparisons have yet been made in the literature, that would systematically regulate the issue of conflicting provisions between the civil regulations of the OZ in the PGU and the GZ and other public law regulations.
The purpose of this master's thesis is to present the possible opposition to regulations governing civil engineering, their comparison to determine the compliance of regulations, i.e. how the GZ is supplementing in the concretizing rather sparse civil engineering provisions in the OZ, and possible practical solutions to disputed regulations. The hypothesis, that public law regulations impose civil liability, which is not provided for by civil law, has been refuted. After all, the regulations complement each other quite properly, but the legal regulation system of civil engineering is far from complete and perfected. Many aspects are still controversial, which is already shown by the fact that two years after the adoption of the GZ, a new law (GZ-1) is already being adopted.
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