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1

THE THEORY OF EVIDENCE AND ITS EFFECT IN THE CRIMINAL PROCEDURE ACT (Teoria dokazovania a jej odraz v ustanoveniach Trestneho poriadku)

100%
Blazek R.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2008
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vol. 91
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issue 3
216-226
EN
The article discusses the main terms, which are used in the field of evidence in the criminal procedure. The author tried to focus on contradictions between the theory of criminal procedure law and the provisions contained in the Criminal Procedure Act. The in-dept analysis of these terms and provisions of the Criminal Procedure Act proved that not all provisions are in accordance with the theory of criminal procedure law, but what is more, there are also some contradictions between the provisions of Criminal procedure act as well. The outcome of this analysis could be the proposal for performance of the changes in Criminal Procedure Act in the future.
2

THE RELATIONSHIP OF THE COMMERCIAL CODE AND THE CIVIL CODE WITH ACCENT TO SELECTED INSTITUTES OF COMMERCIAL CONTRACT LAW (Vztah Obchodneho zakonnika a Obcianskeho zakonnika s akcentom na vybrane instituty obchodneho zavazkoveho prava)

80%
Oveckova O.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2008
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vol. 91
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issue 4
251-266
EN
The issues of the relationship of the Commercial Code and the Civil Code are cumulated particularly in the area of commercial contractual relations, where most of interpretation and application problems occur in connection with the question whether the Commercial Code or the Civil Code should be applied in a particular case. The relationship of the two Codes results from § 1 par. 2 of the Commercial Code and is based on the lex specialis derogat legi generali principle. As for the solution of the disputed issues of the combination of legal regulations and their application to commercial contractual relations of both Codes it is necessary to first assess whether in the particular case the legal relation has the commercial character, in the second part the authoress defines the commercial contractual relations. The third part deals with issues of contract types that are regulated in the Civil Code only and with their use in commercial contractual relations. It is an analysis of the provision of § 261 par. 6 of the Commercial Code, that requires that contracts that are not regulated as contract types in the Commercial Code, but are regulated as contract types in the Civil Code, should be governed by the relevant provisions on this contract type in the Civil Code and by the Commercial Code. It refers to the genesis of development of this normative text, its interpretation and application, including the analysis of judicial practice. In this part we can also find issues of legal statutes that are only regulated in the Civil Code, and their application in commercial contractual relations, with special focus on the institute of unjustified enrichment and the prescription of the right to the rendition of unjustified enrichment in commercial relations. It points out to problems of the application of both Codes to given institute, also in the decision-making of courts. In the conclusion of this part the authoress deals with innominate contracts in commercial relations.
3

RIGHT TO ANSWER (Pravo na odpoved)

80%
Vozar 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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2008
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vol. 91
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issue 3
159-169
EN
The article deals with the institute of the right to correction, that has a long-term tradition in the Slovak law. It points out to its role of function as well as to legal conditions, as stated in the new Press Act. Another institute, that is analysed in the said article, is the right to answer. It is a new institute in the Slovak law that is however in common use in continental Europe. On the background of foreign experiences and judicature the author refers to the possibilities and application conditions of this institute according to the new Press Act.
4

NEKALOSÚŤAŽNÉ KONANIE ZAMESTNANCOV

80%
Zlocha 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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2020
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vol. 103
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issue 6
440 – 452
EN
The author analyses the different types of unfair competition practices of the employees against their employers and legal remedies under the Slovak law. In current business environment with highly developed competition in the various economic sectors, we can observe more frequent occurrence of various types of unfair competition practices. These practices occur in relations of employees to their current employers as well as former employees. Not always „private competitive business“ of former employees can be considered an unlawful conduct. Currently, employers in litigation proceedings regarding unfair competition of their employers are clearly getting the short end. Means of legal protection against these harmful conducts are primarily contained in the provisions of the Commercial Code, the Labour Code, legislation on intellectual property rights and the others.
5

KAROL REBRO – ANALÝZA JEHO VEDECKÉHO DIELA

70%
Blaho P.
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 5
403 – 417
EN
The contribution is devoted to the scientific review of works of Karol Rebro, Slovak law historian who was active in legal science in the period of the years 1934 – 2000. He wrote five monographs and three teaching texts from the area of Roman law and two monographs from Slovak history of law, which became subject of this analysis and were regarded as basic publications of their kind. It is clear from the contribution that Karol Rebro was a leading law theoretician in former Czechoslovakia and contributed to the conservation of Roman law in the study programmes of faculties of law and to its further development.
6

PRÁVNA ÚPRAVA PRVKOV KONTRADIKTÓRNOSTI V ŠTÁDIU PRÍPRAVNÉHO KONANIA PODĽA PRÁVNEHO SYSTÉMU COMMON LAW S DÔRAZOM NA USA

70%
Miklóssyová L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2023
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vol. 106
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issue 3
238 – 250
EN
The Slovak criminal procedure is characterized by the continental European legal system, the main feature of which is the fact that it is a system of written law - lex scripta, in relation to which other sources of law are only subsidiary sources. The judge in court proceedings does not make the law, but only finds it, applies it, and gives its interpretation. The case-law is settled in the conclusion that we speak of adversarial character in criminal proceedings in the context of the possibility of commenting on all the evidence, but also of commenting on all the other facts which are the subject of the criminal proceedings. A prerequisite for the exercise of that right is, of course, the possibility of being acquainted with all the facts on which the subject has a right to be heard. Since criminal proceeding under US law is based on the common law system and its regulation has a different historic background, different elements apply than in the Slovak law. To what extent, then, do these elements differ from the adversarial elements present in US pre-trial proceedings?
7

OSOBITNÉ MAJETKOVOPRÁVNE NÁROKY MINORITNÝCH AKCIONÁROV PRI CEZHRANIČNÝCH ZLÚČENIACH A SPLYNUTIACH PODĽA SLOVENSKÉHO PRÁVA

61%
Mašurová A., Patakyová M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2015
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vol. 98
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issue 4
365 – 380
EN
This article deals with two specific claims of minority shareholders according to Slovak law that are connected with the process of cross-border mergers. On the one hand, this article deals with the claim for an appropriate additional monetary payment if the exchange ratio of shares and any additional payments in money, determined by the agreement on a cross-border merger, were not stipulated appropriately. On the other hand, it deals with the claim for an appropriate monetary consideration if the minority shareholders exercise their right to withdraw from the company. The Cross-Border Merger Directive does not regulate the conditions for the rise and for the exercise of these specific proprietary claims. Therefore, these legal institutions are not unified within the European Union. The article points out that Slovak law is on the one hand distinctive, based on the fact that it provides these claims both to the shareholders of the companies being dissolved and the shareholders of the successor company in the case of fulfilment of the basic legal conditions. Apart from this, Slovak law guarantees that also in the case of export mergers the shareholders can exercise these claims at Slovak court according to Slovak law. On the other hand, the institutions of procedural law were not adjusted to this legal situation, which makes the specific proprietary claims hardly enforceable. This fact causes legal uncertainty – not only for the shareholders but also for the company that became the legal successor of the merging companies.
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