The Principle Of The Legitimate Expectations

Abstract

In the article it is considered the legitimate expectation to be an important part of legal order. The author agrees with the classification as an institute of constitutional law, but we see its signification not only in area of public – administrative law, but in area of private law as well. Legal doctrine in Slovakia and the Czech Republic op-erates with legitimate expectations as an instrument connected to contractual obli-gation, mainly in accordance to violation of obligation. The author has no doubt that general legal institutes should be apply wherever their application is possible and useful. According to the author’s point of view, there is no reason (except historical) that would restrict the use of legitimate expectations when supporting the right aris-ing from a contract. Legal purism should not prevail over needs of practice, they are supposed to be balanced and help each other. When concluding a contract, both parties have their expectations – coming from legal order and the regulation given by contract. Legitimate expectations as a legal principle should not covered only rights arising from public – administrative law as the historical and origin approach suggests, but the principle has to be interpreted also from the point of view of its grammatical sense, as shown by judicial practice.