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1

DETERMINACE SMLUVNÍHO VZTAHU NEZÁVISLÁ NA VŮLI STRAN

100%
Pelikánová I.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2023
|
vol. 106
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issue 5
392 – 415
EN
The article is based on the assumption that the contracting parties usually do not have a precise idea of the content of the contractual relationship established by the contract. It is an attempt at outlining the elements that enter into this relationship without being a result of voluntary expressions of the contracting parties. The content of the contractual relationship is determined not only by mandatory and discretionary norms, but also by the interpretation of legal actions on one hand and the interpretation of legal norms on the other. If the parties do not understand both of them equally, it can result in the absence of consensus. The law allows for a judge to intervene under certain conditions and to determine the content of the obligation. To determine the content of the contractual relationship, it is necessary to distinguish between its state at the moment of conclusion of the contract and subsequent development. In this context the subject of this article is the importance of changes in external circumstances and the potential option for supplementation of the contract. In the conclusion, the author of the article pays attention to public law interventions into the content of the obligation. For example, in view of the limited scope of the article, the issue of the price of performance is chosen – first the question of its private law regulation in the Civil Code, then in public law statutes. It is obvious that the boundary between public law and private law regulation is not sharp. Public law obligations become part of the obligation and affect not only the relationship with the authority, but also the relationship with the other contracting party.
2

ANALÓGIA V SPRÁVNOM TRESTANÍ A JUDIKATÚRA NAJVYŠŠIEHO SÚDU SLOVENSKEJ REPUBLIKY

88%
Kukliš Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2014
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vol. 97
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issue 5
456 – 469
EN
There is neither a unified catalogue of administrative sanctions nor a unified code of their application in the Slovak legal system. While the non-existence of such a catalogue is understandable, considering the multitude of areas regulated by administrative law, the absence of a code of application cannot be similarly justified. The Supreme Court of the Slovak Republic attempts to overcome this problem through analogous application of criminal law institutes also on the process of imposing administrative sanctions - that is on situations for which these institutions weren’t conceived. This article analyses conditions under which the analogy in the area of administrative sanctioning should be allowed and warns of the risks involved in the flat imposition of criminal law procedures in the sphere of administrative sanctions.
3

CONSTITUTION OF THE REPUBLIC OF POLAND AND THE ADMINISTRATIVE LAW

88%
Zimmermann J.
Archivum Iuridicum Cracoviense
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2006
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vol. 39-40
23-40
EN
Appropriate operation of the administrative law requires that the provisions of the Constitution be applied directly by the public administration bodies. These bodies do not have the independent status and the principle of being bound by the legislative acts exclusively does not apply to them. While administering the law, they are not entitled to skip particular levels in the hierarchy of the sources of law and they do not have the right to raise a legal question to be examined by the Constitutional Tribunal. With respect to public administration bodies, it is assumed that constitutional norms and other legal norms currently in force are to be applied jointly. The Constitution closes the system of the sources of law, presenting in the form of a comprehensive catalogue. The obvious advantage of this state of affairs is the clarity in establishing the criteria of legality of actions of the public administration bodies, yet from the standpoint of administrative law there is a certain difficulty in classification of administrative regulations and general acts. The Constitution introduces the principle of subsidiary competence and the associated principle of decentralisation of public power. Both principles are further elaborated in the Polish legislation having relevance to local government. A thorough scrutiny of these provisions reveals that the potentials offered by these two principles are not fully utilised. The Constitution regulates the civil rights and introduces their extended catalogue. Of major importance is the citizen's right to be heard at a court, also the administrative court. On the other hand, norms regulating the administrative jurisdiction do not allow this right to be fully executed. .
4

INŠTITÚT PREDBEŽNEJ OCHRANY POSKYTOVANEJ OBCOU A ANALÝZA JEHO VYUŽÍVANIA V KOŠICKOM KRAJI

75%
Fraňo J. D.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2022
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vol. 105
|
issue 2
141 – 164
EN
According to the Slovak legal system, it has been possible since 1964 in small variations to demand the protection of the factual (peaceful) situation in the village. The municipality provides protection under the substantive law of civil law, but the procedural procedure is governed by the provisions of administrative law. Perhaps that is why it raises such concerns among municipalities and its application is still low, and the institute has the ambition to relieve the courts in some cases of the provisional protection provided if intervention is prohibited or, above all, if peace is restored. At present, the biggest challenges are the correct wording of statements of decision, based on well-formulated proposals, as well as the procedural procedures themselves, which are often incorrectly applied as a remnant of socialism, as commissions used by municipalities to deal with have been part of national committees in the past. However, at present, they are not bodies of the municipality, but of the municipal council, ie they do not have decision-making power. These procedures are used mainly in resolving neighbourhood disputes, as the most common disputes resolved in the municipality. With a detailed description and critical considerations, the author tries to point out the legal administrative procedures and point out the nuances of the application and implementation of the institute and at the same time present relevant, original, unpublished research focused on the use of the institute of preliminary protection in resolving neighbourhood disputes in the Košice region and its analysis.
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