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ZAPOMENUTÉ KOŘENY. NADACE V ČESKÝCH ZEMÍCH A V ČESKOSLOVENSKU PŘED ROKEM 1951

100%

Doležalová A.

tom 66

nr 1

55 – 81

The study analyses the social-economic role and functions of foundations and their metamorphosis in the Czech Lands in the historical context in the long-term perspective from the end of the middle ages all the way to 1951. The study identifies four roles of foundations in society: The tool of redistribution of created sources; the guarantee of societal control and of the natural system of social security; the initiator of social changes; and a supporter of social pluralism. The foundations worked for the common good as accepted at the time and their activities were dynamic in their nature.

JSOU FUNDACE Z VENUŠE A KORPORACE Z MARSU? NĚKOLIK ÚVAH NAD PRONIKÁNÍM KORPORAČNÍCH PRVKŮ DO NADAČNÍHO PRÁVA

100%

Ronovská K.

nr 4

405 – 416

The „intrusion“ of corporate law into foundation law is subject to critical review in contemporary foreign scholar literature. Reflections of this issue can also be found even in the decision-making practice of the highest courts of neighbouring countries. They repeatedly expressed and emphasized the special role of the founders will (expressed in foundation deed), transferability of rights of founder etc. In this paper, this issue is addressed in the broader jurisprudential and internationally comparative context with a special regard to the new Czech Civil Code. Firstly, the author focuses on the differences between corporations and foundations. In contrast to corporations foundations do not have the supreme organ (like a general assembly) and therefore, most of the structural checks and balances are missing. However, founders are free to establish such bodies as well as other controlling mechanisms within the foundation deed. Subsequently, different approaches to penetration of corporate law elements into the foundation law in selected European countries are illustrated and compared with the approach chosen by the new Czech Civil Code (incl. the possibility to change the purpose of the foundation) that might appear unclear. Particular considerations about the acceptance and defensibility of the chosen approach are included in the conclusion.

MUZEA A ČESKÉ ZEMĚ (1814 – 2014): VÝZVA K REVIZI HISTORIOGRAFICKÉ TRADICE

86%

Šopák P.

nr 1

9 – 20

The marketing campaign launched by the Ministry of Culture of the Czech Republic ahead of the upcoming centenaries of the national geographic museums in Prague, Brno and Opava (1814–1818) is a most suitable starting point for a long overdue critical discussion of the current approach to the history of museums in the Czech Land in particular and Central Europe in general. The concept of a museum‘s foundation, establishment or first opening must be viewed historically because of the difference in its content in a society divided into estates (pre-1860) and in a civil society (post-1860). This paper is a call for a more fine grained analysis of the history of museums as institutions and a detailed comparative treatment of this concept with the aim of achieving a more objective phenomenology of the museum in 1800-1945 Central Europe.

THE PRINCIPLE OF PRIORITY OF THE FOUNDER'S WILL IN FOUNDATION LAW (Zasada pierwszenstwa (prymatu) woli fundatora w prawie fundacyjnym)

72%

Janik P.

tom 13

nr 3(48)

81-91

The principle of priority of the founder's will in foundation law is not directly expressed in any article of the Foundation Act from 1984. Its validity is mentioned in the legal doctrine and judicial verdicts. It can be interpreted from several articles of the Foundation Act. It applies at every stage of the foundation running - at its setting up, in current operations and while the liquidation. The founder is in the right to create the content of the foundation act and the statutes of the foundation. Members of decision-making bodies of the foundation, which is independent after the registration, should still respect the will of the founder contained in the foundation act and in the statutes. Any amendment of the internal bylaws must be consistent with the will of the founder. The supervision authority has the duty to ensure that the executive board of the foundation acts in accordance with the foundation's statutes, which was set up by the founder.