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1

SÚČASNÝ A BUDÚCI STAV OCHRANY SPOTREBITEĽA V NEKALEJ SÚŤAŽI

100%
Zlocha Ľ.
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
363 – 374
EN
The aim of the presented contribution is an excursion of the legal regulation of unfair competition in relation to the consumer. With the help of legal doctrine and application practice, the author points out the correlation of the law against unfair competition with the consumer protection law. The transposition of consumer directives has led to internal fragmentation of the law against unfair competition. Due to the ongoing process of recodification of private law, it is possible to eliminate the shortcomings of the current legislation.
2

KONFLIKT SLOBODY PREJAVU A OCHRANY OSOBNOSTNÝCH PRÁV OSÔB VEREJNÉHO ZÁUJMU V ROZHODOVACEJ PRAXI SÚDOV

100%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2016
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vol. 99
|
issue 1
12 – 28
EN
Freedom of expression is protected by Article 10 of the European convention of human rights and also by Article 26 of the Constitution of Slovak Republic. The Constitution, as well as the Convention, sets limits upon which freedom of expression can be restricted. However, journalists and mass media have a privileged position from these restrictions, especially when reporting matters of public interest. Journalists have a social obligation to provide information and ideas on all matters of public interest and the public is entitled to receive such information. Journalists are even allowed to use some degree of exaggeration and provocation. In Slovakia we can observe that public persons, for example politicians or judges, take action against the media for alleged damage to their reputation and honour by publication of false information, unreasonable criticism or even the publication of their cartoons. Slovakian courts often decide in favour of public figures and media have to pay these persons high financial compensations. In this article the author examines approach of Slovakian courts in comparison with decisions of Constitutional court of Slovak Republic, Czech Republic and the European court of human rights.
3

PRÁVNA REGULÁCIA SEXIZMU V REKLAME – ZÁKLADNÉ VÝCHODISKÁ

100%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2023
|
vol. 106
|
issue 2
99 – 115
EN
The presented article deals with the regulation of sexism in advertising, especially from the point of view of public law regulation. In the introduction, the author discusses the general definitions. Before the author proceeded to the analysis of the sexist elements in advertising practice, he defined the constitutional anchoring of the protection of advertising as such, as initially there were various controversies as to whether it is even possible to consider advertising as a means of exercising freedom of expression. The primary purpose of the article is to define the scope of the legal regulation of sexism in advertising in the Advertising Act and the method of application of the currently valid legislation by Slovak public authorities and courts. The author points to the jurisprudence of foreign courts and the European Court of Human Rights.
4

VYBRANÉ ASPEKTY UPLATŇOVANIA NÁROKOV Z KOLÍZIE DOMÉNOVÝCH MIEN S PRÁVAMI NA OZNAČENIE

100%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2019
|
vol. 102
|
issue 6
524 – 534
EN
The massive extension of the use of the Internet at the end of the 20th century and at the beginning of the 21th century inevitably led the entrepreneurs to use it for the presentation and performance of their business activities. One of the Internet instruments serving for this purpose is websites, which the user can trace by entering a specific domain name. Each domain name is unique and fulfils many functions. The economic attractiveness and the economic value of domains are the main reasons why we encounter a whole variety of different unlawful procedures and practices relating to domains. The author analyses the legal nature of domains, a collision of domains with the rights to designation and resulting liability relations.
5

NÁROK NA PRIMERANÉ ZADOSŤUČINENIE, JEHO PREUKAZOVANIE A ODÔVODNENIE SÚDNEHO ROZHODNUTIA

100%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2020
|
vol. 103
|
issue 3
198 – 210
EN
In this article the author intends to cover not only the theoretical concept of the institute of just satisfaction in private law, but also some procedural context connected with the claim for just satisfaction in court proceedings. In particular, the subject matter of the analysis is when just compensation can be claimed, what non-material damage can be compensated, under what conditions it can fulfil the preventive-sanction function and what considerations are made by general courts in assessing the appropriateness of compensation.
6

NEKALOSÚŤAŽNÉ KONANIE ZAMESTNANCOV

100%
Zlocha Ľ.
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
440 – 452
EN
The author analyses the different types of unfair competition practices of the employees against their employers and legal remedies under the Slovak law. In current business environment with highly developed competition in the various economic sectors, we can observe more frequent occurrence of various types of unfair competition practices. These practices occur in relations of employees to their current employers as well as former employees. Not always „private competitive business“ of former employees can be considered an unlawful conduct. Currently, employers in litigation proceedings regarding unfair competition of their employers are clearly getting the short end. Means of legal protection against these harmful conducts are primarily contained in the provisions of the Commercial Code, the Labour Code, legislation on intellectual property rights and the others.
7

NIEKOĽKO ÚVAH K URČOVANIU VÝŠKY NÁHRADY NEMAJETKOVEJ UJMY V PENIAZOCH

100%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2023
|
vol. 106
|
issue 4
321 – 332
EN
The article deals with the issue of determining the amount of compensation for non-pecuniary damage for unjustified interference in the immaterial sphere of the person. Determining the amount of compensation is problematic. The Slovak legislation provides almost no guidelines in this respect, and any limits or boundaries within which the court can move when awarding compensation. In practice, therefore, court case law and the established decision-making of the courts are of great importance, which have more or less developed a system of aspects that may influence the amount of compensation awarded. In the present article we try to provide an insight into the established case law and individual criteria, which we confront with the legal-theoretical interpretation.
8

VYVRÁTITEĽNÁ DOMNIENKA DOBREJ POVESTI PRÁVNICKEJ OSOBY

100%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2017
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vol. 100
|
issue 4
361 – 371
EN
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.
9

UPLATŇOVANIE PRÁVA NA NÁHRADU ŠKODY V DÔSLEDKU ZNEUŽITIA SÚŤAŽNÉHO PRÁVA EÚ (ZÁKLADNÉ VÝCHODISKÁ)

100%
Zlocha Ľ.
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
443 – 457
EN
According to the case law of the Court of Justice of the EU, every injured party has the right to compensation due to the abuse of participation in competition. Competition authorities cannot rule on private law claims arising from breaches of public competition law, as this jurisdiction lies exclusively with the national courts. Any infringement of competition law is undesirable because it is linked to interference with the competition system as a whole, as well as with an interference with the property sphere of the persons concerned. The author points to the development of private enforcement at EU level before the entry into force of the Private Enforcement Directive, discusses the development of the Court’s approach to claiming damages for breaches of competition law, the Private Enforcement Directive and the Competition Compensation Act.
10

K SPÔSOBILOSTI NEKALOSÚŤAŽNÉHO KONANIA PRIVODIŤ UJMU INÝM SÚŤAŽITEĽOM ALEBO SPOTREBITEĽOM

100%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2018
|
vol. 101
|
issue 6
583 – 596
EN
From the general and permanent validity of the general clause rises the necessity of fulfilling each of its three qualifying signs, of the terms of the general clause. Only in this case the act may be unlawful and by means of the law sanctioned. The contribution is devoted to the third condition of the general clause of unfair competition, namely the ability to unfairly cause damage to other competitors or consumers. The author gradually analyses the concepts contained in this clause as damage, competitor, consumer and the ability to cause damage. It is not an exhaustive analysis, but an analysis that will be the basis for further examination of this issue.
11

PRÁVNA REGULÁCIA REKLAMY ŠÍRENEJ PROSTREDNÍCTVOM ELEKTRONICKEJ POŠTY

100%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2016
|
vol. 99
|
issue 3
204 – 218
EN
Advertising is a phenomenon of modern society, without which we cannot imagine functioning and prosperous economy. Internet advertising is nowadays regarded as an independent marketing tool. Increasingly, however we can still observe sending of unsolicited advertising messages that present a product or service or encourage the recipient in that direction to do more. In this article the author analyses legal regulation of advertising disseminated via e-mail. Dissemination of advertising via e-mail is regulated not only by public or private national law, but is also regulated and harmonised by EU law. Whereas the dissemination of advertisements via electronic mail is an advertising action, legal regulation also applies to the use of electronic mail as an advertising tool. Doctrinal understanding of spam as unsolicited messages of any content is broader than the definition contained in the framework of EU legislation, which is limited to unsolicited advertising messages disseminated by e-mail. What remains questionable is the issue of the effectiveness of anti-spam rules because the possibility of using anti-spam law standards is considerably restricted taking into account existing limits of national jurisdictions.
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