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1

RESIGNATION AS A REASON OF MANDATE EXPIRY OF A MEMBER OF CAPITAL COMPANY BODY

100%
Kuniewicz Z.
Studia Prawnicze
|
2007
|
issue 1(171)
EN
The purpose of this article is to clarify two issues related to resignation from the function performed by a member of the capital company body. The first matter is to establish a legal nature of resignation from mandate, while the other one - is the assessment of admissibility of restriction on resignation handing in to be contained in company's articles of association. By presenting the divergent judgements of the Supreme Court and the doctrine opinions, the author is expressing a view that resignation from mandate is a unilateral legal transaction. Not only a lack of prescriptive requirement for acceptance of resignation from mandate on the company side speaks for it, but also a clear reference to the regulations of civil code concerning termination of order by a contractor. Next, while clearing the matter of restriction on possibility of handing resignation in, the author is observing that membership relationship within the body may obtain a nature of better stability through specification of reasons and term of resignation. The provisions of the company articles in this field may follow two directions: firstly, the parties may restrict the admissibility of resignation making it dependent on occurrence of the specified circumstances; secondly, the company articles of association may set up a term of resignation that is a period with a lapse of which a resignation declaration becomes effective. However, considering the absolutely binding nature of Article 746 § 3 of the Civil Code, a member of the body may hand in resignation from performed function at any time by indicating important reasons, which justify his/her decision. On the other hand, if the articles set up the term of resignation, the same shall apply also to the resignation handed in for important reasons.
2

Lowering the minimum-capital requirement for companies with limited liability. An analysis in terms of commercial law

80%
Szalai A.
Kozgazdasagi Szemle (Economic Review)
|
2008
|
vol. 55
|
issue 6
548-564
EN
One recurrent issue in Hungarian commercial law is whether the minimum-capital requirement for companies with limited liability should be reduced, or even abolished. The study examines the effect that would have on the propensity of such firms to take risks (caution). It seeks to prove that the incentive effect of capital reduction (and thereby the limitation of liability) differs depending on whether (1) the decision-maker is risk-neutral or risk-avoiding, (2) what liability regulation (strict or negligence-based) is applied in cases of damages, and (3) what relationship pertains between the managers and the owners of the firm.
3

AUTONOMY OF WILL AND CONTRACTUAL FREEDOM IN PROFESSIONAL SPORTS

70%
Gábriš T.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2021
|
vol. 104
|
issue spec. issue
3 - 21
EN
The paper explains routes through which legal limitations of contractual freedom were introduced into sports law, taking their premise from the employment law regulations applicable in Slovakia. The main aim was to legally compensate the actual (mostly economic) inequality of contracting parties, similarly as it is accepted in labour law and in the consumer protection law. However, an amendment to the Act on Sports, introduced in 2020, changed this trajectory by allowing the sports entities a broader contractual freedom as to their choice between an employment contract and contract for services. On the other hand, however, the amendment thereby introduced a limitation of contractual freedom in the case of opting for the contract for services (concluded between entrepreneurs) – newly, these contracts generally concluded under the Commercial Code have to observe minimum standards reserved previously only for the sporting employment contracts.
4

K NIEKTORÝM ASPEKTOM ÚČINNEJ ĽÚTOSTI V NADVÄZNOSTI NA PROGRAM LENIENCY

70%
Kurilovská L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2012
|
vol. 95
|
issue 1
66 – 79
EN
The author of the present article deals with the business economic environment with links to criminal law unexplored, but due to the area to which it relates, very timely. Leniency program or leniency program in this paper consistently analyze and explained with emphasis on all aspects of the legislation and policies in connection to criminal and commercial law.
5

K OTÁZKAM HARMONIZÁCIE A UNIFIKÁCIE MEDZINÁRODNÉHO OBCHODNÉHO PRÁVA

70%
Ďurechová J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2011
|
vol. 94
|
issue 6
577 – 588
EN
Introduction to international commercial law, the definition and its sources - The position of international commercial law as an autonomous system of law - Features of autonomous systems of law - Globalization as a motor of harmonization and unification of law - Different ways of harmonization - Comparison of harmonization by internationally binding conventions and by sof-law - Advantages of unification of substantive law by means of soft-law - Current harmonization and unification efforts in international commercial law.
6

PRÁVNA ZODPOVEDNOSŤ ZA PORUŠENIE DOBRÝCH MRAVOV

61%
Švidroň J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2013
|
vol. 96
|
issue 1
3 – 23
EN
The author considers the relationship between law and morality on the basis of analysis of an actual legal case which has been resolved after nearly 13 years. From the criminal law plane, where this case began, its analysis passes to the civil and commercial legal issues in the concrete context of provisions of § 415 of the Civil Code,regarding the general obligation of every person to prevent damage, and § 424 of the Civil Code, regarding the liability for damage caused by an intentional breach of morality. The author raises the question whether, in regard to the relationship between law and morality, inflexible thinking in civil and commercial relations can be overcome.The detailed analysis of the case is also a critical challenge to all those who are concerned with thinking and behaving so that the Slovak Republic is regarded not only as a declared, but a genuinely legal, state.
7

Odpowiedzialność członków zarządu spółek kapitałowych za zobowiązania spółki w świetle art. 299 kodeksu spółek handlowych oraz art. 116 ordynacji podatkowej

61%
Kaźmierczyk A.
Zeszyty Naukowe Uniwersytetu Ekonomicznego w Krakowie
|
2012
|
issue 894
95-110
EN
The article presents the problem of responsibility of board members of companies for the obligations of the company both in terms of civil liabilities as well as of public law. The presentation of these issues requires that several issues be studied. First, the subject of discussion was to examine the conditions of the liability of directors of companies contained in Article 299 of the Commercial Companies Code and Article 116 of the Tax Code. The different treatment that board members of limited companies and joint stock companies receive is highlighted, as are the different interpretations of identical conditions on the grounds of both laws. Secondly, the issue discussed in the paper also required a presentation of the issue of limitation periods in civil law and public obligations, which are not uniformly shaped.
8
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„Przedsiębiorstwo lecznicze”. Innowacyjne rozwiązanie legislacyjno-systemowe czy manowce reformy?

61%
Mokrzycka A.
Zdrowie Publiczne i Zarządzanie
|
2010
|
vol. 8
|
issue 2
68-86
EN
The necessity of the hospitals status change in Poland was the hot issue for quite a long time. The problems of hospitals debts, local governments role, state (public) ownership problems, management weaknesses, resources lack, humans resources problems and many others have been stressed in public debates, often by different sides and political parties. The present Ministry of Health from the very beginning proposed the formal status change concerning ownership of health care units, mainly hospitals, as a first step for the system transformation in this respect. The proposal of the new legislation called the Health package included such approach. One of the most important laws in the package was the 'Hospitals privatisation', subsequently vetoed by the President representing the political opposition. The next step toward the transformation was the governmental Plan B, proposed also by Ministry of Health, criticized for the improper legal instruments and infectivity of the proposed strategy. The new legislation, described in this paper, is a consequence of the process and the main issue of the analysis undertaken hereby.
9

VÝKLADOVÉ A APLIKAČNÉ OTÁZKY PREMLČANIA V OBCHODNOM PRÁVE VO SVETLE JUDIKATÚRY

61%
Ovečková O.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2012
|
vol. 95
|
issue 5
432 – 445
EN
The contribution deals with some questions at issue concerning the limitation in commercial law. Firstly, it deals with the issue of relationship between plea at bar of trial and good morals, i.e. whether the exercise of law, in this case the offer of plea at bar of trial, may be contrary to good morals (§ 3 of the Civil Code) or to the principles of fair commercial intercourse (§ 265 of the Commercial Code). The second group of problems concerns the lapse of the right to delivery of unjust enrichment in commercial business relationship. The main question is whether the right to delivery of unjust enrichment in commercial business relationship lapses in the regime of the Commercial Code or in the regime of the Civil Code. The third group of problems is related to the issue of lapse of the right to contract fine and default interest. The legal regulation of the institute of limitation proved to put high demands on both its interpretation and application, where some problems have a deeper theoretical foundation and concern the application or competition of legal principles in the application of law. Therefore these problems are solved within a broader framework in connection with the requirement for interpretation of law, including the interpretation of its purpose and meaning. This issue is confronted with both the legal theoretical opinions and the judgments rendered by courts in the Slovak Republic and the Czech Republic.
10

VZŤAH PRÁVA A EKONOMIKY V OBDOBÍ KRÍZOVÝCH SITUÁCIÍ V NÁRODNOM HOSPODÁRSTVE (LEGISLATÍVNE ÚVAHY A PODNETY)

51%
Suchoža J.
Ekonomický časopis (Journal of Economics)
|
2013
|
vol. 61
|
issue 5
514 – 537
EN
The aim of this study is to contribute to the clarification of the relationship of law and economics from the aspect of law. Based on the above and taking into account the recodification of Slovak civil law and historical development, author of the study explores the possibilities of increasing the efficiency of private law. The relation of law and economics is determined by the historical development of the human society. There was a wide range of social relations in the sphere of interest of the earlier legislation. This relationship gets new quality under the conditions of the transformation of Slovak economy. At present functioning of the free market raises the question of the state's role in the economy, in particular the legality and the limits of state intervention in economic relations.
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