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EN
A purpose of this article is to offer a brief overview of basic institutional characteristics of third sector in Slovakia. Firstly the author focuses on the features of a legal entity. Secondly she deals with specific types of legal entities in the field of public research. Finally the author analyses the draft of new Act on Public Research Institution, which is currently in the process of approval in National Council of Slovak republic. The draft of law regulates a new type of legal entity in Slovakia – Public Research Institution, which is a public entity, whose basic activity is research, including provision of a research infrastructure. Public Research Institution may be established by central body of the state administration or the Slovak Academy of Sciences and is registered in the public Register of public research institutions kept by the Ministry of Education, Science, Research and Sport of Slovak republic. The Act on Public Research Institution will allow the transformation of the state budgetary and contributory research institutions and the Slovak Academy of Sciences institutes to public research institutions, and allow their funding to be adjusted. The Act primarily brings more freedom and greater responsibility as well as economic flexibility. Efficiency of the Act is proposed for 1st January 2018 and the date for Slovak Academy of Sciences institutes transformation for 1st July 2018.
EN
(Title in Polish - 'Sankcja dokonania czynnosci prawnej bez umocowania lub z przekroczeniem zakresu umocowania przez osoby występujace w charakterze organu osoby prawnej'). The subject matter of the article is to answer the question: what are the legal consequences of an act performed by persons acting on behalf of a legal entity as its organ when these persons go beyond the actual scope of authority they have? This issue is addressed in some statutes which concerns specific type of legal persons. However, there is no general regulation in the Polish Civil Code, as opposed to the consequences of an act performed by the agent acting without authority or beyond the actual scope of authority. Art. 39 of the Polish Civil Code specifies only who is liable for the loss which results from such kind of an act. It does not deal with the question of validity of that act. In the article different solutions suggested in the legal literature are analyzed. The author shares the opinion that such an act may be validated by ratification. These considerations are preceded by the presentation of the concepts of the legal entity and explanation of the way in which legal acts, performed by persons acting as organs, are ascribed to legal entity.
EN
In the contribution, the author discusses the attribute of the good reputation of legal entities and analyses the good reputation itself, the way of its acquisition, duration and extinction. The main intention of the author was to point out that the status of a good reputation of a legal entity is heavily influenced by the factual act of the legal entity after its creation, and therefore the reputation of a legal person may be influenced positively or negatively. Not every legal entity can therefore successfully seek protection of good reputation through court proceedings. In the event that the defendant successfully demonstrates the lack of good reputation of a legal person or some facts which seriously undermines good reputation, it may result in a failure in litigation due to the absence of a substantive presumption of the legal basis of claim, namely the existence of plaintiffs´ good reputation.
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