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VÝKLADOVÉ A APLIKAČNÉ OTÁZKY PREMLČANIA V OBCHODNOM PRÁVE VO SVETLE JUDIKATÚRY

100%
Ovečková O.
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 5
432 – 445
EN
The contribution deals with some questions at issue concerning the limitation in commercial law. Firstly, it deals with the issue of relationship between plea at bar of trial and good morals, i.e. whether the exercise of law, in this case the offer of plea at bar of trial, may be contrary to good morals (§ 3 of the Civil Code) or to the principles of fair commercial intercourse (§ 265 of the Commercial Code). The second group of problems concerns the lapse of the right to delivery of unjust enrichment in commercial business relationship. The main question is whether the right to delivery of unjust enrichment in commercial business relationship lapses in the regime of the Commercial Code or in the regime of the Civil Code. The third group of problems is related to the issue of lapse of the right to contract fine and default interest. The legal regulation of the institute of limitation proved to put high demands on both its interpretation and application, where some problems have a deeper theoretical foundation and concern the application or competition of legal principles in the application of law. Therefore these problems are solved within a broader framework in connection with the requirement for interpretation of law, including the interpretation of its purpose and meaning. This issue is confronted with both the legal theoretical opinions and the judgments rendered by courts in the Slovak Republic and the Czech Republic.
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