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ÚVAHY KE STATUSOVÝM LIMITŮM SMLUVNÍ PODSTATY KORPORACE

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Havel B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2014
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vol. 97
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issue 4
377 – 382
EN
The author presents the thesis that private company law is per se of non-mandatory nature. (Mandatory) Limits are provided by the law by express prohibitions (incl. limits reflecting on good morals and public order). A corporation is a fictional organised entity defined and regulated by law. Its defining elements (“status”) are not always identical to the law relating to natural persons. The law relating to corporations follows the basic structural definition of the existence and organisation of a corporation, whereas the public interest upon regulation prevailed over the private autonomy. The author postulates the thesis that a violation of rules defining the status of corporation will lead to relative nullity of such legal act (voidability) and the reason and purpose of a mandatory norm has to be examined on a case by case basis questioning whether the relative nullity is always an appropriate and accurate solution.
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