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1

VÝVINOVÉ TENDENCIE INŠTITÚTU PREMLČANIA

100%
Ovečková O.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2013
|
vol. 96
|
issue 4
326 – 337
EN
The contribution deals with the genesis of development of limitation in codifications within the territories of Czechoslovakia or the Czech Republic and the Slovak Republic. This development is also confronted with some unifications of European private law. A special attention is paid to the following areas of issues: understanding of limitation and its legal effects; possibility for the parties to dispose of limitation or conditions of limitations (e.g. to dispose of the length or beginning of the period of limitation); length of general period of limitation. On this basis some distinctive development trends of the institute of limitation are formulated. First of all, it is the tendency to understanding of limitation in the strict sense, where so-called limitation leading to acquisition of a right (separation of limitation and prescription) is excluded from the scope of the term of limitation. The author also points out to the current trend where, due to limitation, the right remains preserved and the understanding of limitation leading to the loss of the right is not accepted. The limitation is increasingly understood as an institute of substantive law. An important shift can also be observed in the possibility of disposal of the conditions of limitation by the parties, especially as regards the reduction or prolongation of the period of limitation. The general trend is reduction of the periods of limitation.
2

AUTORSKÉ PRÁVO DE LEGE FERENDA

86%
Adamová Z.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2013
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vol. 96
|
issue 5
459 – 471
EN
The aim of this paper is to present a scientific view on the current state of copyright in Europe and the vital and urgent need for fundamental changes to ensure the effective operation of copyright in the future. The current continental copyright, which is largely determined by EU law, does not sufficiently reflect the needs and expectations associated with the use of copyright works in a digital environment. Thecopyright law is not respected and, ultimately, it is not only contrary to the public interest, but also to the private interests of authors and other rightholders. For these reasons, for several years there has been an ongoing discussion in professional circles on the urgent need for copyright reform and the possibilities and modalities for its implementation. The aim of such an endeavor would be to achieve flexibility of copyright, balancing of interests and the overall upgradation of copyright for the new digital world. It is in this context that this paper deals with the need for copyright reform and particularly focuses on one area of copyright – exceptions and limitations in de lege lata and de lege ferenda context including the three-step test reform (proposed inclination to the fair use doctrine). The paper presents several models that will be compared with reform efforts at the EU level. In conclusion of this paper a call to realize reform changes in order to balance the interests between authors, users and third parties with a view to promoting Internet economy and competitive environment will be presented.
3

SUSTAINABLE DEVELOPMENT AS CONCEPTUAL BASIS OF WORLD ECONOMY TRANSFORMATION. PART 1 (Ustoichivoe razvitie kak kontseptualnaya osnova transformatsii mirovoi ekonomiki)

86%
Kakutych Y. Y.
Mekhanizm Rehuluvannya Economiky
|
2010
|
vol. 1 (45)
62-74
EN
In the article genesis of sustainable development concept is examined in intercommunication with the tendencies of globalization of world economy. Much of the attention is paid to the conceptual aspects of sustainable development, priorities and limitations of sustainable development realization in Ukraine. The analysis of strategic documents related to the sustainable territorial development is conducted.
4

VÝKLADOVÉ A APLIKAČNÉ OTÁZKY PREMLČANIA V OBCHODNOM PRÁVE VO SVETLE JUDIKATÚRY

86%
Ovečková O.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2012
|
vol. 95
|
issue 5
432 – 445
EN
The contribution deals with some questions at issue concerning the limitation in commercial law. Firstly, it deals with the issue of relationship between plea at bar of trial and good morals, i.e. whether the exercise of law, in this case the offer of plea at bar of trial, may be contrary to good morals (§ 3 of the Civil Code) or to the principles of fair commercial intercourse (§ 265 of the Commercial Code). The second group of problems concerns the lapse of the right to delivery of unjust enrichment in commercial business relationship. The main question is whether the right to delivery of unjust enrichment in commercial business relationship lapses in the regime of the Commercial Code or in the regime of the Civil Code. The third group of problems is related to the issue of lapse of the right to contract fine and default interest. The legal regulation of the institute of limitation proved to put high demands on both its interpretation and application, where some problems have a deeper theoretical foundation and concern the application or competition of legal principles in the application of law. Therefore these problems are solved within a broader framework in connection with the requirement for interpretation of law, including the interpretation of its purpose and meaning. This issue is confronted with both the legal theoretical opinions and the judgments rendered by courts in the Slovak Republic and the Czech Republic.
5

SUSTAINABLE DEVELOPMENT AS CONCEPTUAL BASIS OF WORLD ECONOMY TRANSFORMATION. PART 2 (Ustoichivoe razvitie kak kontseptualnaya osnova transformatsii mirovoi ekonomiki. Chast 2)

86%
Kakutych Y. Y.
Mekhanizm Rehuluvannya Economiky
|
2010
|
vol. 2 (46)
46-63
EN
In the article genesis of sustainable development concept is examined in intercommunication with the tendencies of globalization of world economy. Much of the attention is paid to the conceptual aspects of sustainable development, priorities and limitations of sustainable development realization in Ukraine. The analysis of strategic documents related to the sustainable territorial development is conducted.
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