VYVRÁTITEĽNÁ DOMNIENKA DOBREJ POVESTI PRÁVNICKEJ OSOBY
Rebuttable presumption of goodwill of a legal entity
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In the contribution, the author discusses the attribute of the good reputation of legal entities and analyses the good reputation itself, the way of its acquisition, duration and extinction. The main intention of the author was to point out that the status of a good reputation of a legal entity is heavily influenced by the factual act of the legal entity after its creation, and therefore the reputation of a legal person may be influenced positively or negatively. Not every legal entity can therefore successfully seek protection of good reputation through court proceedings. In the event that the defendant successfully demonstrates the lack of good reputation of a legal person or some facts which seriously undermines good reputation, it may result in a failure in litigation due to the absence of a substantive presumption of the legal basis of claim, namely the existence of plaintiffs´ good reputation.
361 – 371
Publication order reference