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INŠTITÚT PREMLČANIA A POVINNOSŤ SÚDU EX OFFICIO PRIHLIADAŤ NA PREMLČANIE

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Ovečková O.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2015
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vol. 98
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issue 2
178 – 186
EN
The article addresses the amendment of the Act No. 250/2007 Coll. on consumer protection, implemented by the Act No. 102/2014 Coll. (valid from 1 May 2014), which laid down the ex officio obligation of the body deciding on claims from consumer contracts to take into account prescription, even if the consumer does not invoke prescription. This regulation faces many issues, not only in the area of application of law, but also in the area of legal theory. The article addresses some of these issues. The ex officio obligation of the court to take into account prescription is contrary to several legal principles, such as the principle vigilantibus leges sunt scriptae. Prescription is basically a sanction for violation of this principle. Due to the new legal act this sanction only applies to the creditor. The debtor is not obliged to observe this principle. It is also contrary to the principle of the autonomy of the will of private law subjects. In our law prescription is conceived as the concept of substantive law, which is fully in hands of the debtor who may decide whether he will or will not invoke prescription. The new legal act removes the basic difference between prescription and preclusion. This regulation of consumer protection also influences the procedural position of the parties, which is modified against the situation before the adoption of the amendment. It concerns the principle of equality of the parties to the proceedings as well as the instruction obligation of the court. There are also problems concerning the temporal applicability of the amendment.
2
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K diskusi o standardní a „spisovné“ češtině

88%
Cermak F., Sgall P., Vybiral P.
Slovo a slovesnost: časopis pro otázky teorie a kultury jazyka (Slovo a slovesnost: A journal for the theory of language and language cultivation)
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2006
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vol. 67
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issue 4
267-282
EN
Admitting that certain mistakes in their paper (Cermak, Sgall and Vybiral 2005) have to be corrected, the authors claim that one of the main issues relevant to the present discussion concerns the difference between a book and a short paper which necessarily includes quotations from other writings; these should not be ignored, and the results of the research conducted up until now should be reflected. The present paper then argues that some of the old arguments are still valid and that the concept of a standard and its variants is to be understood taking into account a transitional zone between the standard and everyday spoken usage. The older traditions of prescriptive linguistics still have not been overcome by functional approaches, especially in school education.
3

VÝVINOVÉ TENDENCIE INŠTITÚTU PREMLČANIA

88%
Ovečková O.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2013
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vol. 96
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issue 4
326 – 337
EN
The contribution deals with the genesis of development of limitation in codifications within the territories of Czechoslovakia or the Czech Republic and the Slovak Republic. This development is also confronted with some unifications of European private law. A special attention is paid to the following areas of issues: understanding of limitation and its legal effects; possibility for the parties to dispose of limitation or conditions of limitations (e.g. to dispose of the length or beginning of the period of limitation); length of general period of limitation. On this basis some distinctive development trends of the institute of limitation are formulated. First of all, it is the tendency to understanding of limitation in the strict sense, where so-called limitation leading to acquisition of a right (separation of limitation and prescription) is excluded from the scope of the term of limitation. The author also points out to the current trend where, due to limitation, the right remains preserved and the understanding of limitation leading to the loss of the right is not accepted. The limitation is increasingly understood as an institute of substantive law. An important shift can also be observed in the possibility of disposal of the conditions of limitation by the parties, especially as regards the reduction or prolongation of the period of limitation. The general trend is reduction of the periods of limitation.
4
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Koncept minimální intervence

88%
Cvrcek V.
Slovo a slovesnost: časopis pro otázky teorie a kultury jazyka (Slovo a slovesnost: A journal for the theory of language and language cultivation)
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2008
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vol. 69
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issue 4
284-293
EN
The Concept of Minimal Intervention (CMI) is a 'methodological bill' concerning linguists and their approach toward the language and its speakers. CMI represents one possible approach to language, implying programmatic character. CMI prerequisites are: 1) There is no reason why linguistics should infringe upon language development through its interventions and thus disqualify speakers for their (natural) linguistic behavior. 2) The language has been evolving into a sensible instrument of communication, needing no assistance from linguists. 3) The arbitrary nature of linguistic means draws on their usage, and involves the ways of using constituents; it is thus not beneficial when linguistics violates, through its interventions, the very fact of this choice taken by the majority. CMI is delimited by the endeavor to minimize linguists' interventional pressure on language and its speakers; CMI's goal is to bring the language situation as close to the condition marked by the existence of a spontaneously constituted order of norms which is 'only' passively recorded by linguists. Since zero intervention is irreconcilable with the existence of linguistics, it is necessary to deliberately weaken potential linguistic interventions through a pluralism of descriptions which should expressly declare the goals they pursue and which (communicative) functions they favor.
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