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SMLUVNÍ AUTONOMIE PŘI ORGANIZACI OBCHODNÍCH SPOLEČNOSTÍ

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Eliáš K.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2016
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vol. 99
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issue 3
171 – 185
EN
The author analyses among others the approach to the limits of autonomy in regulation of corporations in the Czech legal environment. He refers to two major factors that influence the mental tendencies to limit the freedom of the will in this respect. The first factor is the application of legal paradigms by non-democratic establishments during 50 years, where in particular so-called socialist law regarded the corporation regulation as mandatory. The second factor is a fascination by German stock law and the Satzungsstrenge doctrine, which the domestic practice, among others due to the permanent influence of the first factor on legal thinking, extended to cooperatives and limited liability companies. The new legislation, i.e. the Civil Code and the Corporation Law adopted in 2012, may motivate to abandonment of this “path dependence” in the practice of the Czech Republic. Time will show whether it actually happens. In this context the author highlights the role of legal science in the cultivation of legal thinking.
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