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1

SPOLEČENSKÁ SMLOUVA JAKO SPOTŘEBITELSKÝ KONTRAKT, SPOLEČNÍK JAKO SPOTŘEBITEL?

100%
Hulmák M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2014
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vol. 97
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issue 4
397 – 404
EN
The article deals with a question, how far can consumers´s protections penetrate in corporate law. There are typical transactions in corporate law, e. g. articles of associations, transfers of shares, where a corporate lawyer can hardly imagine, that consumer protection should be applied. Nevertheless, the ECJ case law and foreign experiences show us that finally it is quite common. Once the aim of partnership is rather financial investment or there is no close relationship to the company, the shareholder is protected like a consumer. The shareholder has close relationship either holding majority, or taking part as a manager of the company. This means that rules on unfair contract terms, consumer credits and off-premises contract are very often applicable as well. Corporate law can however create certain obstacles to their full applicability, e. g. limited ways how a partnership can be quitted and ultimately settled.
2

NIEKTORÉ OTÁZKY ROZHODCOVSKÝCH DOLOŽIEK V SPOTREBITEĽSKÝCH ZMLUVÁCH Z POHĽADU POSUDZOVANIA ICH PRIJATEĽNOSTI

75%
Výboch J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2013
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vol. 96
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issue 3
240 – 262
EN
In the case of arbitration clauses in consumer contracts, there is a conflict of two fundamental values of private law − freedom and equality. On the one hand, arbitral prooceedings is an expression of the general freedom of contractual parties that allows an agreement about a person of arbitrator, location, procedure and form of arbitration. On the other hand, there is a consumer protection, when consumer is in a position of weaker contractual party. The author presents the nature of arbitral prooceedings, the interpretation and definition of arbitration agreement according to the national law of the Slovak republic. The author explains also methods for assessing the acceptability of the arbitration clause and methods for application of rules set in Civil Code and Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. In the case of assessing the acceptability according to general clause, the author interprets criterions of this clause, especially criterion of standard term, that has not been individually negotiated, criterion of causing significant imbalance in the partie‘s rights and obligations arising under the contract, to the detriment of the consumer. He also discusses the interpretation and possible application of the principle of good faith, which is contained in Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, but hasn´t been transformed into the Civil Code. In the case of assessing the acceptability according to the method of indicative list of terms, author explains the difference between the method of black list of unfair terms used in Civil code and the method of gray list found in Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts.
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