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1

TYPY ZÁSAHOV ORGÁNOV VEREJNEJ MOCI DO HOSPODÁRSKEJ SÚŤAŽE PODĽA § 39 ZÁKONA O OCHRANE HOSPODÁRSKEJ SÚŤAŽE

100%
Lapšanský L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2012
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vol. 95
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issue 6
567 – 583
EN
A competition may be restricted not only by undertakings, but also by public authorities in the exercise of their powers resulting from the generally binding legal regulations. With the aim to prevent this restriction of competition, the legislator has defined the restriction of competition, which is set out in § 39 of the Act on Protection of Competition. Although by its intensity or ramification the agenda of the application of § 39 of the Act cannot be compared with the agenda of application of prohibition of “classic“ forms of restriction of competition by undertakings (agreements restricting competition, abuse of a dominant position, concentration), in the existing decision-making practice of the Antimonopoly Office, the Council of the Antimonopoly Office, the Regional Court in Bratislava and the Supreme Court of SR we can identify some generalising features describing the most frequent cases of conduct or omission of public authorities resulting in the restriction of competition. The disclosure of these typical interventions of public authorities into competition may help a better orientation of public authorities as well as undertakings, consumers or parties damaged by such authoritative interventions into competition.
2
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Ekonomiczny wymiar relacji między dostawcą a nabywcą na rynku B2B. Uwagi metodologiczne dla badań empirycznych

100%
Kłeczek R.
Marketing i Rynek
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2012
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vol. 19
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issue 4
2-6
EN
When we will take the assumption that the goal of the firm is its value creation, we need to state that: (1) relation between supplier and buyer in B2B market is not the final goal of the firms, but the mean to increase values if both partners and (2) both supplier and buyer use economic criteria (long term influence of the supplier’s offer on the buyer’s value drivers and the long term influence of buyer’s behavior on the supplier’s value drivers) in the relation’s creation and evaluation. Based on the above assumptions, empirical research projects concerning the B2B buyer seller relations should formulate questions (hypotheses) about economic content of the relations. First, the investigations should concern causation relations between the supplier’s actions, offer knowledge and evaluations and buyer behavior. Second, variables that describe supplier’s actions should concern the economic content of the actions – influence of the supplier’s offer on the buyer’s value drivers. Third, variables that describe knowledge and evaluations of the offer should describe buyer’s understanding of how the offer influences the buyer’s value drivers. Fourth, variables that describe buyer behavior should describe the behaviors that influence the supplier’s value drivers.
3

NIEKTORÉ OTÁZKY ROZHODCOVSKÝCH DOLOŽIEK V SPOTREBITEĽSKÝCH ZMLUVÁCH Z POHĽADU POSUDZOVANIA ICH PRIJATEĽNOSTI

86%
Výboch J.
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 3
240 – 262
EN
In the case of arbitration clauses in consumer contracts, there is a conflict of two fundamental values of private law − freedom and equality. On the one hand, arbitral prooceedings is an expression of the general freedom of contractual parties that allows an agreement about a person of arbitrator, location, procedure and form of arbitration. On the other hand, there is a consumer protection, when consumer is in a position of weaker contractual party. The author presents the nature of arbitral prooceedings, the interpretation and definition of arbitration agreement according to the national law of the Slovak republic. The author explains also methods for assessing the acceptability of the arbitration clause and methods for application of rules set in Civil Code and Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. In the case of assessing the acceptability according to general clause, the author interprets criterions of this clause, especially criterion of standard term, that has not been individually negotiated, criterion of causing significant imbalance in the partie‘s rights and obligations arising under the contract, to the detriment of the consumer. He also discusses the interpretation and possible application of the principle of good faith, which is contained in Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, but hasn´t been transformed into the Civil Code. In the case of assessing the acceptability according to the method of indicative list of terms, author explains the difference between the method of black list of unfair terms used in Civil code and the method of gray list found in Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts.
4

ZMLUVA O FAKTORINGU

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Vítěz M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2011
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vol. 94
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issue 5
501 – 517
EN
Factoring is a special independent banking business. In economic meaning it is a form of financing of commercial company based on selling short – term mostly unmatured receivables. In legal meaning it is unnamed, atypical contract about selling receivables based on precontract (pactum de contrahendo) and main contract combined with contract of assignment and elements of other contracts. Factoring has a financing function (crediting), service function and function of insuring collection of suppliers receivables (del credere function).Factoring shortens the time limit for collecting of receivables, enables the collection of receivables and thus speeding up commercial company’s money flows.
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