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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)

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Oveckova O.

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

2008

vol. 91

issue 4

251-266

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.

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

1 Oveckova O.

1 2008

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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)