Private Law in an Era of Global Challenges

The protection of visibility is one of the most important aspects of law in society today, reasonably formed by the participant in civil law relations. At the same time, the general doctrine of the protection of visibility has not yet been fully developed within domestic legal doctrine, meaning that its regulatory potential is unrealized, and the practical issues associated with it are often resolved intuitively and chaotically. Session participants will discuss the meaning of the doctrine of visibility in property law through the example of the protection of property acquisition in good faith, proprietary rights (easement, pledge, etc.) and encumbrances (lease, loan). The solutions offered by the doctrine of visibility in the area of rights of claim are also of interest. A discussion will also be held on protections for bona fide purchasers of exclusive rights and the issues arising from this approach about the visibility of law features in the context of the intangible and reproducible nature of intellectual property, as well as the requirements for the state registers of rights to such objects that create the visibility of law. The doctrine of the visibility of law may also be useful for addressing important issues related to consumer credit (especially remote lending). In the digital age we can receive banking services online, without having to go to a branch. The flip side of this convenience is the easier access for third parties, including fraudsters. A fair approach needs to be developed for managing dispute resolution when a third party, rather than a consumer, obtains a loan in this way.