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

Results found: 3

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  CONTRACTUAL PENALTY
help Sort By:

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

ZMLUVNÁ POKUTA A NÁHRADA ŠKODY V OBCHODNOM PRÁVE

100%
Ovečková O.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2024
|
vol. 107
|
issue 6
613 – 632
EN
This article examines the legal relationship between contractual penalties and compensation for damages in commercial law. It explores how contracting parties can negotiate terms to determine liability and financial consequences in the event of contractual breaches. The study highlights key aspects of contractual freedom and the legal limitations on damage claims. A particular focus is given to the lump-sum nature of contractual penalties and their function as a risk-mitigation tool in business transactions. The article also discusses the enforceability of contractual penalty clauses in Slovak commercial law and their compatibility with broader principles of contractual justice.
2

LIMITY UPLATŇOVANIA ZMLUVNEJ POKUTY V SPOTREBITEĽSKÝCH ZMLUVÁCH

100%
Šťastová R., Vozár J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2024
|
vol. 107
|
issue 5
488 – 506
EN
The contractual penalty serves both as means of protection for the creditor and as means of ensuring compliance with the contractual obligations of the debtor. The creditor, as well as the potential one, aims to protect himself, and in the case of business obligations, also his business activity. The degree of creditor protection, however, is limited by the special status of subjects in consumer relations, where instead of entrepreneur the other party is a specific subject, namely the consumer. Therefore, the aim of the contribution is to define the current limits and challenges in the area of application of the contractual penalty in consumer obligation relations, where the legislator assumes a certain higher level of consumer protection resulting from his status. It is possible that in some cases the use of a contractual penalty will be marked as an unacceptable contractual term, resulting in the total invalidity closure of contractual penalty.
3

ZMLUVNÁ POKUTA V OBCHODNOM PRÁVE – PREDPOKLADY A PODMIENKY MODERÁCIE

100%
Ovečková O.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2024
|
vol. 107
|
issue 2
121 – 139
EN
The paper emphasizes a comprehensive approach to the solution of moderation right, while considering the essence and purpose of moderation right as the decisive criterion. On this basis, it shows new approaches and formulates solutions to the following disputable issues. a) The increasing importance of the functions of the contractual penalty in the examination of the preconditions of moderation right. b) The multi-criteria approach which takes into account all the relevant circumstances of a particular case given at all the stages of time of the origin and existence of the contractual penalty. c) The definition of the subject of the moderation right as the existing specific claim of the amount of the contractual penalty and not as the amount of its negotiation. d) The conditionality of the judicial moderation upon the debtor’s motion. The paper confronts both the state of the law de lege lata and de lege ferenda as well as the approach of the courts’ jurisprudence to the above-mentioned issues.
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.