Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 4

first rewind previous Page / 1 next fast forward last

Search results

help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

ÚROKY Z ÚVERU – RIEŠENÉ A OTVORENÉ OTÁZKY. PODSTATA ÚROKOV Z ÚVERU A ICH SPLATNOSŤ (1. ČASŤ)

100%
Ovečková O.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2021
|
vol. 104
|
issue 5
345 – 362
EN
The issue of loan interest, also known as contractual interest or capital interest, has become the focus of the application practice, decision-making work of courts and the private law science in the recent years. Attention is paid in particular to two groups of interest-related issues: interest overdue or the time-frame for payment of interest; accumulation of interest and default interest. These topics became problematic, especially in connection with consumer loan agreements. However, in this context, the inadequate consumer-related protectionist practices are often transferred to loan agreements in business relations and significantly deform the business environment. Moreover, legal provisions on loan agreement regulated by the Commercial Code are also inadequately interpreted and applied in the light of consumer protection, which ultimately negatively affects those legal relationships to which a consumer is not a party. The situation is also complicated by the fact that legal science and decision-making work of courts failed to reach a consensus on solution of these problems. The first part of the article on loan interest addresses the substance of the concept of loan interest in relation to the time-frame of its payment, with impetus on the legal framework of the obligation to pay loan interest. Subsequently, it analyses loan interest in case of premature repayment of loan from the perspective of law, the application practice and decision-making work of courts.
2

ÚROKY Z ÚVERU – RIEŠENÉ A OTVORENÉ OTÁZKY. KUMULÁCIA ÚROKOV Z ÚVERU A ÚROKOV Z OMEŠKANIA (2. ČASŤ)

100%
Ovečková O.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2021
|
vol. 104
|
issue 6
428 – 442
EN
The article is the continuation of addressing the issue of „Loan interest – addressed and open issues“, where in Part 1 we focused on „Substance of loan interest and its repayment“ (Právny obzor, 2021, issue 5). Already in this part, we touched on some problems of the relationship between loan interest (capital interest) and default interest. We draw attention to some of their connections in terms of the repayment term. In Part 2 we focused on the relationship between loan interest and default interest and the possibilities of their concurrence and eventual accumulation. As the basis we chose the definitions of substance and purpose of default interest and their comparison with substance and purpose of loan interest. We point out to the lack of consistency in solution of cummulation of the two types of interest, which persists in the decision-making of courts, and suggest possible solutions.
3

DELIKTNÁ ZODPOVEDNOSŤ ZA ŠKODU V OBCHODNOM ZÁKONNÍKU (§ 757 NERIEŠENÉ PROBLÉMY)

100%
Ovečková O.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2020
|
vol. 103
|
issue 6
419 – 439
EN
The article deals with application issues of the provision of Section 757 of the Commercial Code and possibilities of their solution. It focuses on two issues in particular. In the first place, it addresses the issue of double treatment of delictual liability in commercial law. It is derived from the explicit provision of Section 757 of the Commercial Code, which orders that contractual liability for damage, regulated in the Commercial Code should be applied to liability for damage caused by violation of obligations laid down exclusively in the Commercial Code. In cases of violation of an obligation imposed to an undertaking by another law, which does not explicitly refer to the use of the Commercial Code, it is understood that legal regulation of liability for damage of the Commercial Code will be applied. It causes undesirable dichotomy of delictual liability for damage in commercial relations, namely liability for fault and objective liability with the option of liberation. The second issue is the de lege lata option of application of foreseeability of damage in the framework of delictual liability designed on an objective basis.
4

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)
|
2017
|
vol. 100
|
issue 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.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.