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JSOU FUNDACE Z VENUŠE A KORPORACE Z MARSU? NĚKOLIK ÚVAH NAD PRONIKÁNÍM KORPORAČNÍCH PRVKŮ DO NADAČNÍHO PRÁVA

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Ronovská 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
405 – 416
EN
The „intrusion“ of corporate law into foundation law is subject to critical review in contemporary foreign scholar literature. Reflections of this issue can also be found even in the decision-making practice of the highest courts of neighbouring countries. They repeatedly expressed and emphasized the special role of the founders will (expressed in foundation deed), transferability of rights of founder etc. In this paper, this issue is addressed in the broader jurisprudential and internationally comparative context with a special regard to the new Czech Civil Code. Firstly, the author focuses on the differences between corporations and foundations. In contrast to corporations foundations do not have the supreme organ (like a general assembly) and therefore, most of the structural checks and balances are missing. However, founders are free to establish such bodies as well as other controlling mechanisms within the foundation deed. Subsequently, different approaches to penetration of corporate law elements into the foundation law in selected European countries are illustrated and compared with the approach chosen by the new Czech Civil Code (incl. the possibility to change the purpose of the foundation) that might appear unclear. Particular considerations about the acceptance and defensibility of the chosen approach are included in the conclusion.
2

OBCHODNÍ KORPORACE A SVÉPRÁVNOST

100%
Eichlerová K.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2014
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vol. 97
|
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.
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