Wyniki wyszukiwania - Biblioteka Nauki

1

PRÁVO PRIDAŤ SA K PREVODU (TAG-ALONG PRÁVO)

100%

Janáč V.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2020

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tom 103

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nr 4

271 – 280

EN

The subject of the article is aimed on a closer analysis of tag-along right. Tag-along right primarily protects the minority shareholder, who is thus given the opportunity to co-sell his shares on the same terms and conditions as the majority shareholder. Tag-along right is a relatively common part of shareholder agreements, especially in closed companies. The article focuses on the tag-along right agreed by shareholders in the environment of simple company by shares, where the Commercial Code specifically regulates the legal consequences of the violation of this right.

2

VZŤAH OBČIANSKHO A OBCHODNÉHO PRÁVA Z ASPEKTU PRÁVNEJ ÚPRAVY OCHRANY SPOTREBITEĽA

100%

Ovečková O.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2017

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tom 100

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nr 1

67 – 81

EN

The article analyses this issue from the perspective of the liability relations. The division itself of legal regulation in the area of liability relations between two codes (Civil Code and Commercial Code) generates many problems. In the last years these relations were most significantly influenced by legal regulation of the consumer protection, which substantially intervened into the Commercial Code and redefined its scope. The article points out to multiple issues of fundamental importance, which are reflected in the following areas: the relation between the Civil Code and the Commercial Code; modification of selection of the Commercial Code by agreement of the parties; acceptability of the fiction that provisions of the Civil Code are always more favourable for the consumer. In the period of high fragmentation and variability of legal provisions it underlines the need to pay attention to the quality of their content and the method of their integration into the system of law, including the area of consumer law. All this considerably influences the interpretation and application of legal norms and their observance.

3

THE RELATIONSHIP OF THE COMMERCIAL CODE AND THE CIVIL CODE WITH ACCENT TO SELECTED INSTITUTES OF COMMERCIAL CONTRACT LAW (Vztah Obchodneho zakonnika a Obcianskeho zakonnika s akcentom na vybrane instituty obchodneho zavazkoveho prava)

100%

Oveckova O.

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2008

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tom 91

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nr 4

251-266

EN

The issues of the relationship of the Commercial Code and the Civil Code are cumulated particularly in the area of commercial contractual relations, where most of interpretation and application problems occur in connection with the question whether the Commercial Code or the Civil Code should be applied in a particular case. The relationship of the two Codes results from § 1 par. 2 of the Commercial Code and is based on the lex specialis derogat legi generali principle. As for the solution of the disputed issues of the combination of legal regulations and their application to commercial contractual relations of both Codes it is necessary to first assess whether in the particular case the legal relation has the commercial character, in the second part the authoress defines the commercial contractual relations. The third part deals with issues of contract types that are regulated in the Civil Code only and with their use in commercial contractual relations. It is an analysis of the provision of § 261 par. 6 of the Commercial Code, that requires that contracts that are not regulated as contract types in the Commercial Code, but are regulated as contract types in the Civil Code, should be governed by the relevant provisions on this contract type in the Civil Code and by the Commercial Code. It refers to the genesis of development of this normative text, its interpretation and application, including the analysis of judicial practice. In this part we can also find issues of legal statutes that are only regulated in the Civil Code, and their application in commercial contractual relations, with special focus on the institute of unjustified enrichment and the prescription of the right to the rendition of unjustified enrichment in commercial relations. It points out to problems of the application of both Codes to given institute, also in the decision-making of courts. In the conclusion of this part the authoress deals with innominate contracts in commercial relations.

4

PUBLIC TRADE COMPANY AND ITS REVERSIBILITY ACCORDING TO THE LAW (Verejna akciova spolocnost a jej reverzibilita po novom)

100%

Janac V.

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2010

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tom 93

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nr 5

457-470

EN

The article is divided into several thematic blocs. In the first bloc, author deals with the theoretical arguments for dividing companies limited by shares into two categories - public trade company and private company limited by shares. The second block is aimed on the public trade company and on a comparison between previous and actual legal adaptation of Commercial code regarding public trade company. Then the third bloc is following. The third bloc concerns with the conditions of possibly transformation from public into the private entity and also deals with the real problems in transformation process especially during the time period before 1. 12. 2009.

5

VÝVOJ PRÁVNEJ ÚPRAVY ŠTATUTÁRNEHO ORGÁNU AKCIOVEJ SPOLOČNOSTI

88%

Strapáč P.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2013

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tom 96

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nr 1

35 – 49

EN

Article topic „Legislative development of statutory body in a joint-stock company“ is analyzed from the periods when the first legislative codes have been accepted, what means Commercial Code 1/1963 that has been a base for Ugrian Commercial code, article XXXVII from 1875. The author has provided a complex view on the development of statutory body in a joint-stock company. He focused not only on the position of statutory body in a joint-stock company stated in the Commercial Code but he also concentrated on the related legislative sources. The article is split into three periods, from the first published codes to 1918, from 1918 to 1949 and from 1949 until now. It is author’s intention to apply these three time intervals due to the significant social and political changes that have seriously impacted legislative changes in the joint-stock company and its statutory body. It can be stated that in spite of numerous legislative changes impacting statutory body in a joint-stock company, these were logical and systematic and contributed to the current version of the Commercial Code, 513/1991.

6

ZAPOČÍTANIE AKO SPÔSOB USPOKOJENIA VERITEĽA V SÚKROMNOM PRÁVE

88%

Ďurana M. , Strapáč P.

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tom 98

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nr 4

381 – 396

EN

The article deals with the problem of offsetting substantive as well as procedural terms. At the outset, the authors devote legal historical excursion of and offsetting passed to the substantive conditions for set-off condition as a way of satisfying creditor in alternative manner. Subsequently, the authors focus on the current legislation of the offsetting and its conditions according to both procedural and substantive law. According to substantive law they deal with conditions of offsetting- compensation receivables in private law as one of the ways to satisfy the creditor as is specified in the §§ 580 to 581 of the Civil Code respectively the provisions of §§ 358-364 of the Commercial Code, specifying their content and analysis. Besides that they point out to the possible modification of these rules by specific legislation such as Act No 36/2005 Coll. Family Code or Act No. 7/2005 Coll. on Bankruptcy and Restructuring. According to procedural law, the article discusses the issue of raising the compensatory objection in civil proceedings, including raising the compensatory objections in eventum. It also deals with the question whether the compensatory objection can be raised also in the following proceedings after enforcement proceedings. In the context of the interpretation it refers to the decisions of the judicial authorities and mainly to the decisions of the Supreme Court on the given issue.

7

ANONYMITA AKCIONÁROV

88%

Janáč V.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2013

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tom 96

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nr 6

597 – 613

EN

Anonymity of the shareholders is the dominant topic of this article. In the article the author deals with the anonymity of the shareholders from the perspective of analysis of selected provisions of the act, in particular the Commercial Code (act no. 513/1991 Coll.). The attention is focused on individual situations where, during the operation of joint-stock companies, the identity of shareholders are necessarily deanonymised; the article also deals with the opportunities and degree of anonymity, which a shareholder is able to preserve under the valid law.

8

POJEM DOBRÉ MRAVY V KONTEXTE GENERÁLNEJ KLAUZULY NEKALEJ SÚŤAŽE

88%

Zlocha Ľ.

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tom 98

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nr 4

354 – 364

EN

In this contribution the author discusses legislatively indefinite term of standard practices of competition. In order for a conduct to be qualified as conduct of unfair competition there must be cumulatively fulfilled all features of the general clause of unfair competition as defined in § 44 of the Commercial Code. One of these features is the conflict of such conduct with accepted practises of unfair competition. Commercial Code does not contain legal definition of what standard practices of competition mean. The term of conflict of such conduct with accepted practices of unfair competition evokes in legal doctrine but also in the decisions of courts most interpretative difficulties. However, numerous attempts to define term of standard practices of competition, either in case law or legal doctrine, we consider inappropriate, since this term has its own local, temporal and factual connection. Every judicial decision should in its reasoning quite clearly clarify not only why the judge on the case applied standard practices of competition but it must be evident how the judge evaluates a specific situation in terms of compliance or noncompliance with standard practices of competition.

9

ZODPOVEDNOSŤ ZAMESTNANCA V PRACOVNOM PRÁVE SLOVENSKEJ REPUBLIKY A PRÍPRAVA NOVÉHO OBČIANSKEHO ZÁKONNÍKA

75%

Barancová H.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2022

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tom 105

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nr 4

271 – 284

EN

The concept of liability within the scope of labour law has its own characteristics compared to liability from the points of view of civil and commercial laws. The current concept of liability within the scope of labour law has proven its efficiency for decades and has not caused any interpretation or application problems. In connection with the upcoming recodification of the Civil Code, there is discussed the amendment of the Section 420 par. 2 of the Civil Code in such a way as to impose the employee's direct liability for the actions performed towards the injured party resulting in full compensation for damages, or in joint liability of the employee (helper) and the employer. There are also discussed drafts, according to which the employee would pay the injured party all the damage according to the Civil Code, and if the amount exceeds four times the employee's average earnings, they can claim such an amount from the employer.

10

NESPLNENIE – STAV DE LEGE LATA

75%

Jurčová M.

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tom 99

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nr 4

274 – 286

EN

The author briefly outlines the regulation of non-performance in the Slovak Civil Code and Commercial Code. Having acknowledged the deficiencies of our system differentiating the various types of breach, the paper outlines the salient features of the unitary concept of non-performance adopted by the UNIDROIT Principles of International Commercial Contracts (UPICC), Principles of European Contract Law (PECL) that are based on the United Nations Convention on Contracts for the International Sale of Goods (CISG), and the one is essentially identical to the other. On the basis of this system the author introduces the reform movements in the law of obligations across the Europe that have strongly influenced first drafts and proposals for Slovak reform of non- performance. The discussion on the basic policy questions of these proposals should be the preferred working method on the way forward for Slovak law.

11

VÝKLADOVÉ A APLIKAČNÉ OTÁZKY PREMLČANIA V OBCHODNOM PRÁVE VO SVETLE JUDIKATÚRY

75%

Ovečková O.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2012

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tom 95

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nr 5

432 – 445

EN

The contribution deals with some questions at issue concerning the limitation in commercial law. Firstly, it deals with the issue of relationship between plea at bar of trial and good morals, i.e. whether the exercise of law, in this case the offer of plea at bar of trial, may be contrary to good morals (§ 3 of the Civil Code) or to the principles of fair commercial intercourse (§ 265 of the Commercial Code). The second group of problems concerns the lapse of the right to delivery of unjust enrichment in commercial business relationship. The main question is whether the right to delivery of unjust enrichment in commercial business relationship lapses in the regime of the Commercial Code or in the regime of the Civil Code. The third group of problems is related to the issue of lapse of the right to contract fine and default interest. The legal regulation of the institute of limitation proved to put high demands on both its interpretation and application, where some problems have a deeper theoretical foundation and concern the application or competition of legal principles in the application of law. Therefore these problems are solved within a broader framework in connection with the requirement for interpretation of law, including the interpretation of its purpose and meaning. This issue is confronted with both the legal theoretical opinions and the judgments rendered by courts in the Slovak Republic and the Czech Republic.