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1

SHAREHOLDER AND THE COMPANY. THREE CENTURIES OF EVOLUTION

100%
Gábriš T., Janáč V.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2022
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vol. 105
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issue spec. issue
14-28
EN
The development of business organisations and commercial law as such in the Kingdom of Hungary was gradual. We may add that it was belated, as compared to other Western European countries, but also Austria. This is also documented by historical events, where the onset of the modern age in the Kingdom of Hungary dates back to 1526; the Industrial Revolution has also begun later, given the rural character of Hungary that also preserved its nature during the Austro-Hungarian Monarchy. After the end of World War I and the formation of Czechoslovakia, intensive reform and unification efforts were underway in the law of business organisations. World War II frustrated these efforts. The period that followed after the end of the war was not a propitious time for the commercial law either. The monopoly held by the Czechoslovak Communist Party meant liquidation of private businesses and a centrally controlled economy. Changes were not brought before the events after 1989, or 1993 (associated with the formation of an independent Slovak Republic).
2

OBCHODNÍ KORPORACE A SVÉPRÁVNOST

88%
Eichlerová K.
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
344 – 349
EN
This article deals with commercial corporations and the legal capacity to act by their own juridical acts. The provisions of the previous Czech Civil Code stated that legal persons have legal capacity during their existence. A similar provision doesn’t exist in the new Civil Code. The important question is whether the legal person, i.e. a commercial corporation, has or doesn‘t have legal capacity and whether a member of its statutory body is in the position of a classic representative (agent) or not. The author concludes that we cannot use the legal institution of legal capacity and legal incapacity for commercial corporations. The next conclusion is that a member of the statutory body is a representative sui generis and we cannot apply legal provisions regarding common representation (agency) to him/her automatically, but only subsidiary in case that the application isn’t excluded by provisions relating to legal persons.
3

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

63%
Suchoža J.
Ekonomický časopis (Journal of Economics)
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2013
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vol. 61
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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.
4

MAJETKOPRÁVNÍ SAMOSTATNOST KAPITÁLOVÉ OBCHODNÍ SPOLEČNOSTI A VYBRANÉ ASPEKTY OCHRANY JEJÍCH VĚŘITELŮ

63%
Černá S.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2014
|
vol. 97
|
issue 4
333 – 343
EN
Proprietary separation of the capital companies from their members is one of the consequences of their legal personality. The fact that the company’s property and the property of the members exist as two separate entities has ambivalent consequences for creditors. Positive is that it prevents the members of the company from using the company’s property to pay their own debts, negative is that it takes away from the creditors the possibility to satisfy their title from the property of its members. The protective institutes of the Civil Code, both the special provisions of protective character (ss. 630 (2), 1315 (3), 1963 and following, ss. 2629 (2), 2898 of the act no. 89/2012, the Civil Code) and the general clauses (s. 3 and s. 433 of the Civil Code) are applicable in order to protect the creditor who is the weaker party. Also the Company Act contains provisions of protective character. In the widest meaning, it is the regulation that a company should have its “starting” capital and that it should not distribute this and other property which will be produced among the members of the company at the expense of paying its debts to the creditors. The protection of creditors in narrower sense and with greater protective potential is provided by the provisions of the company law which enable the creditors to satisfy their claims from the property of the members of the bodies of the company (if they breached their duty of care and fiduciary duty) or of the members of the company (if they breached their duty of loyalty). The liability has penal character and arises from the law or from a decision of a court. The text considers in particular also the consequences of non compliance with the balance-sheet test and the test of solvency which are new institutes of the Czech company law.
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