POJEM DOBRÉ MRAVY V KONTEXTE GENERÁLNEJ KLAUZULY NEKALEJ SÚŤAŽE

• Authors: Ľubomír Zlocha

Title variants

EN

The term of standard practices of competition in the context of general clauses of unfair competition

• Languages of publication: SK

Abstracts

EN

In this contribution the author discusses legislatively indefinite term of standard practices of competition. In order for a conduct to be qualified as conduct of unfair competition there must be cumulatively fulfilled all features of the general clause of unfair competition as defined in § 44 of the Commercial Code. One of these features is the conflict of such conduct with accepted practises of unfair competition. Commercial Code does not contain legal definition of what standard practices of competition mean. The term of conflict of such conduct with accepted practices of unfair competition evokes in legal doctrine but also in the decisions of courts most interpretative difficulties. However, numerous attempts to define term of standard practices of competition, either in case law or legal doctrine, we consider inappropriate, since this term has its own local, temporal and factual connection. Every judicial decision should in its reasoning quite clearly clarify not only why the judge on the case applied standard practices of competition but it must be evident how the judge evaluates a specific situation in terms of compliance or noncompliance with standard practices of competition.

Keywords

EN

GENERAL CLAUSE; ECONOMIC COMPETITION; COMPETITIVE CONDUCT; UNFAIR COMPETITION; COMMERCIAL CODE

• Publisher: Institute of State and Law of the Slovak Academy of Sciences
• Journal: Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
• Year: 2015
• Volume: 98
• Issue: 4
• Pages: 354 – 364

Contributors

author

Ľubomír Zlocha

• Ústav štátu a práva SAV, Bratislava, Slovak Republic