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1

Mobilność spółek w systemie prawa handlowego

100%

Białkowski M.

Zarządzanie i Finanse

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2012

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vol. 1

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issue 2

595-604

EN

From the point of view the object of their business is particularly important to facilitate offered by individual nation-states in their internal legal regulations, backed by the conflict of laws (from Lat. Lex fori). Knowing this and using the same instruments, the EU sets supranational legal norms, which in its fundamental importance to promote the expansion of domestic companies outside the current area of their activity, in this way as far as possible to facilitate their functioning and development opportunities. These goals crystallized mainly in the two conditions occurring in the regulations of the Treaty on the Functioning of the European Union, namely the principle of freedom of establishment for EU citizens and the freedom of entrepreneurship, which in its main premise unrestricted grant to the possibility of moving from one territory to another Member State of European Union, thereby increasing the intra mobility of foreign companies.

2

THE BREACH OF CONTRACT AND ITS CONSEQUENCES IN THE EUROPEAN PRIVATE LAW FOCUSED ON THE TERMINOLOGICAL QUESTIONS (Nasledky porusenia zmluvy v Europskom sukromnom prave s dorazom na terminologicke otazky)

80%

Uhliarova 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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2010

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vol. 93

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issue 1

3-17

EN

The breach of contract and its consequences present the topic that is regulated in a quite blind way in conditions of the Slovak legal milieu. The above mentioned fact is not true in the so called 'European private law initiatives' that are many times denoted as model regulations for the particular national legal regulations. Due to the re-codification efforts in Slovakia, it is necessary to analyze the possibilities of the national legislature in detail. The basic presumption is the account with the problematic terminological aspects, such as a breach of contract versus non-performance and consequences versus remedies. In this way, only the above mentioned account enables finding of the relevant solutions of the problematic aspects of the national regulation.

3

PRINCIPLES OF THE EUROPEAN CONTRACT LAW - THEIR LEGAL NATURE AND POSSIBILITIES OF THEIR USE IN PRACTICE (Principy europskeho zmluvneho prava - pravna povaha a moznosti ich aplikacie)

61%

Novotna M., Jurcova M., Durechova 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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2010

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vol. 93

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issue 6

531-541

EN

The purpose of this paper is to give complex and detailed overview on the application of the Principles of European Private Law (hereafter only 'PECL'). At the beginning the article describes in detail the formation of PECL in context with other initiatives aiming to create parts of European private law, and introduces the content of its three parts. The core of the contribution focuses on legal nature and possibilities of their use in practice. Taking into consideration the PECL do not have binding legal nature, the question arises whether they can be perceived as 'law' or the source of law. In this regard, two different views have occurred. First, traditional positivist view, claims that the PECL can not serve as the source of law because they lack the state authority, whereas the state is the only legal body entitled to create binding legal rules. Second, more liberal view supported mainly by professor Jansen, argues that the party autonomy is the core of any contract law and the state is not the only authority empowered to create the rules of law. Because the PECL have a facultative character, that can be used when chosen by the parties in two different ways; fist, as a material choice of law, and second, as a collision choice of law. The authors analyse this issue in connection with the Slovak Act No. 97/1963 Coll. on international private and procedural law, and also in the light of the new Regulation No. 593/2008 of the European Parliament and of Council of 17 June 2008 on the law applicable to contractual obligations. It analyses its articles and problematic formulation of the preamble. In the final part of the contribution the authors deal with limitations of the application of PECL contained in its article 1:103 requiring observance of mandatory rules, thereby concluding the complex analysis on the use of PECL in practice.

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2 Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

1 Zarządzanie i Finanse

1 Białkowski M.

1 Durechova J.

1 Jurcova M.

1 Novotna M.

1 Uhliarova M.

1 2012

2 2010

Mobilność spółek w systemie prawa handlowego

THE BREACH OF CONTRACT AND ITS CONSEQUENCES IN THE EUROPEAN PRIVATE LAW FOCUSED ON THE TERMINOLOGICAL QUESTIONS (Nasledky porusenia zmluvy v Europskom sukromnom prave s dorazom na terminologicke otazky)

PRINCIPLES OF THE EUROPEAN CONTRACT LAW - THEIR LEGAL NATURE AND POSSIBILITIES OF THEIR USE IN PRACTICE (Principy europskeho zmluvneho prava - pravna povaha a moznosti ich aplikacie)