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1

Odpowiedzialność współmałżonka z tytułu poręczenia kredytu bankowego w ustroju ustawowej wspólności majątkowej małżeńskiej

100%
Franczuk M.
Zeszyty Naukowe Uniwersytetu Ekonomicznego w Krakowie
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2012
|
issue 883
59-70
EN
The paper examines issues of liability of one spouse for obligations made by another if between them there exists a statutory community of property. The first part explains the basic issues involved in a statutory community of property between spouses and common asset management, while the second part focuses on obligations made by only one spouse, and the attendant legal, economic and financial implications.
2

Realizacja przez administrację publiczną odpowiedzialności w ochronie środowiska

100%
Jabłoński M.
Studia Ecologiae et Bioethicae
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2011
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vol. 9
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issue 1
71-83
EN
Environmental protection is an area of interdisciplinary, in which the rule is the use of concepts relevant to the legal sciences, natural sciences, engineering or chemical. Therefore, in practice they may mean different things depending on the conceptual context in which they are used. The concept, which draws attention to the rights and duties of citizens, public authorities or environmental organizations, is a responsibility in protecting the environment. The state authorities should support citizens in their efforts to protect and improve the environment. Ecological safety, which is to be provided by a public authority is a state of the environment that allows you to safely stay in it and use it. Instrument to ensure that safety is the protection of the environment, which acts as a directive interpretation when there are doubts as to the scope of duties, such duties and how they are implemented.
3

D&O POISTENIE V KONTRASTE ZÁKAZU VYLÚČENIA A OBMEDZENIA ZODPOVEDNOSTI ČLENOV ORGÁNOV OBCHODNÝCH SPOLOČNOSTÍ ZA ŠKODU

100%
Buhala O.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2018
|
vol. 101
|
issue 3
247 – 266
EN
The D&O insurance represents a barely known and virtually unexplored phenomenon in Slovak Republic environment even today. In regard to separation of ownership and control in the agency process, which occurs in corporation’s environment, its coexistence with liability regime of members of corporate bodies may appear to be problematic, in particular with regard to the explicit legal prohibition of so called indemnification agreements. The liability of members of corporate bodies is a special type of commercial law liability. In our opinion, the dominant function of this liability system is a preventive function, which generates incentives to motivate members of corporate bodies to act in accordance with their fiduciary duties, thereby reducing the risk of so-called moral hazard. This provides an important scope for comprehending the purpose of the legal prohibition of the indemnification agreements, which is to preserve these incentives as precisely as possible. Logically, the possibility of limiting or even excluding liability would result in their minimization or even complete elimination. Even though the conclusion of D&O insurance provides effect similar to the conclusion of an indemnification agreement, we do not consider it illegal. At the same time, however, we insist that the principles of corporate governance important for mitigating the risk of moral hazard must be taken into account. We believe that the optimal approach to address this purpose is to apply the deductible as a way of partially exposing insured managers to risk.
4

K NĚKTERÝM OTEVŘENÝM PROBLÉMŮM PRÁVNÍ ODPOVĚDNOSTI

100%
Bejček J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2019
|
vol. 102
|
issue 5
390 – 410
EN
The concept of legal responsibility is counted as one of the most unclear, controversial and rather confused topics both in Czech legal theory and in the legislature. The disunity has been substantially raised by the recent Czech Civil Code declaring so called positive content of „responsibility“ unlike former negatively perceived „liability“. Some scholars argue that Czech legislature and language (and consequently, Slovak ones as well) are not reasonably able to discern between these two aspects („responsibility“ and „liability“) at all. This article strongly disagrees with this thesis and offers some rather traditional solutions. It criticizes inconsistent use of legal terminology in the Czech Civil code having got in contradiction with the announced legally-ideological foundation and one of the allegedly principal changes in the re-codified Czech private law. The envisaged change of terminology tends to be more confusing than helpful. The attempt to solve the purported Czech problem by introducing new concept in polysemous terms is called into question. From the practical viewpoint, there are more important problems of legal responsibility than its „correct“ naming, anyway, e.g. the basic principle of responsibility (subjective, objective, composite – mixed), bearing the burden of proof, forseeability of damage, multiple damages, the extent of damages in context with new technologies etc. These questions deserve more attention than purely terminological disputes.
5

PRÁVNÍ ODPOVĚDNOST A JEJÍ SOUČASNÉ VÝVOJOVÉ TENDENCE S PŘIHLÉDNUTÍM KE ZVLÁŠTNOSTEM ČESKÉHO PRÁVA

100%
Pelikánová I.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2012
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vol. 95
|
issue 6
549 – 566
EN
The article defines the term “liability” in the interbranch scope and then focuses on the issue of compensation for damage. It refers to development trends in this area of law. It deals with conditions that must be fulfilled for the rise of liability, their overlapping and with issues of indirect liability and scope of compensation for damage. Indirect liability comprises a large number of legally very different situations. From the commercial viewpoint, the liability of members of bodies of companies is very important. The new Civil Code, which significantly changes the existing situation, is analysed from this aspect. The new legislation among others lacks the general essence of this liability. The article deals also with the scope of compensation, especially for non-economic injury. The narrow definition of damage excludes the non-economic injury from its scope. This significantly complicates its whole legal regime, where compensation for non-economic injury is an exception from rule ether than a general rule. The new Civil Code does not distinguish compensation for damage “as such”. The article concludes that the new Civil Code brings some positive elements, but its provisions are very non-transparent, lacks a clear conceptual structure and will force the application practice to exacting interpretation.
6

LIABILITY OF TOUR OPERATOR FOR NON-EXECUTION OR UNSATISFACTORY EXECUTION OF A TOURIST EVENT CONTRACT

100%
Sekula M.
Myśl Ekonomiczna i Prawna
|
2006
|
issue 4(15)
51-81
EN
In her paper the authoress indicates another area of applying compensation liability concerning liability for non-execution or unsatisfactory execution of a tourist event contract. She analyses acceptability of compensation for the damage ( lost satisfaction with a holiday ) both in the light of the Polish law and the resolutions of the tourist travel directive. In the conclusion the authoress presents the possibilities to make claims to a tour operator by a tourist for non-execution or unsatisfactory execution of a contract resulting in a wasted holiday.
7

A LIABILITY OF THE MUNICIPALITY FOR DAMAGES CAUSED BY LAW ENFORCEMENT (Zodpovednost obce za skodu sposobenu pri vykone verejnej moci)

88%
Auxtova M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2010
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vol. 93
|
issue 6
542-555
EN
A liability for damages caused by law enforcement represents a kind of liability securing law enforcement legalness. The article analyses municipality as a subject of such liability and reasons about conditions and circumstances under which the municipality becomes such subject. The article also introduces current legal regulations of liability for damages caused by law enforcement emphasising the role of the liable subject, extent of liability, liability claim and regression amends. The end of the article points out the practice problems of municipal law enforcement and seeks solutions of mentioned problems in current legal regulations. De lege ferenda thoughts are also proposed.
8

VYBRANÉ ASPEKTY UPLATŇOVANIA NÁROKOV Z KOLÍZIE DOMÉNOVÝCH MIEN S PRÁVAMI NA OZNAČENIE

88%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2019
|
vol. 102
|
issue 6
524 – 534
EN
The massive extension of the use of the Internet at the end of the 20th century and at the beginning of the 21th century inevitably led the entrepreneurs to use it for the presentation and performance of their business activities. One of the Internet instruments serving for this purpose is websites, which the user can trace by entering a specific domain name. Each domain name is unique and fulfils many functions. The economic attractiveness and the economic value of domains are the main reasons why we encounter a whole variety of different unlawful procedures and practices relating to domains. The author analyses the legal nature of domains, a collision of domains with the rights to designation and resulting liability relations.
9

WHO MAY BE LIABLE FOR COMPETITION RULES INFRINGEMENT? (Kto moze niest zodpovednost za porusenie sutazneho prava?)

88%
Kalesna K.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2009
|
vol. 92
|
issue 2
123-130
EN
The article tries to answer the question of liability in competition law, especially succession of liability in case when originally liable subject ceases to exist. From this point of view most important is economic continuity test developed by case law of European courts and now introduced in case law of Antimonopoly Office of the Slovak Republic cofirmed by case law of the Slovak courts. Except for attention paid to economic continuity test the article reflects also questions of liability of consultative companies and liability of companies of the same economic unit (especially the parent company and its subsidiary).
10

ZODPOVEDNOSŤ ZAMESTNANCA V PRACOVNOM PRÁVE SLOVENSKEJ REPUBLIKY A PRÍPRAVA NOVÉHO OBČIANSKEHO ZÁKONNÍKA

75%
Barancová H.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2022
|
vol. 105
|
issue 4
271 – 284
EN
The concept of liability within the scope of labour law has its own characteristics compared to liability from the points of view of civil and commercial laws. The current concept of liability within the scope of labour law has proven its efficiency for decades and has not caused any interpretation or application problems. In connection with the upcoming recodification of the Civil Code, there is discussed the amendment of the Section 420 par. 2 of the Civil Code in such a way as to impose the employee's direct liability for the actions performed towards the injured party resulting in full compensation for damages, or in joint liability of the employee (helper) and the employer. There are also discussed drafts, according to which the employee would pay the injured party all the damage according to the Civil Code, and if the amount exceeds four times the employee's average earnings, they can claim such an amount from the employer.
11

NEW PROVISIONS ON SUPERVISORY BOARD UNDER POLISH COMMERCIAL COMPANIES CODE

75%
Pinior P.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2022
|
vol. 105
|
issue spec. issue
44-59
EN
The mandatory supervisory board is obliged to supervise the joint-stock company under Polish law. Supervision over the company’s activities in all aspects of its business is one of the most crucial elements in the corporate structure. This paper presents the new supervisory instruments in joint-stock companies and their assessment. The latest amendment to the Commercial Companies Code allows, among others, for the nomination of a supervisory board advisor, broader access to information, the appointment of committees, and the approval of transactions with related entities. Additionally, it aims to describe the impact of new provisions on the liability of the supervisory board members.
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