The influence of the Ius-naturale conception of ABGB on the regulation of personality protection and compensation for non-proprietary damage in the Czech Civil Code

Matějková, Jitka; Pavelek, Ondřej; Vítek, Bohumil

doi:10.1556/2052.2021.00329

Cited by 3 publications

(3 citation statements)

References 12 publications

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“…stamp Obo 101/99, decided that it is not a mandate of the prohibition of competition if a partner of a limited liability company obtains a trade license for an activity that is also the subject of the company's activity, as long as they do not actually perform this activity. Therefore, it is recommended that the social contract clearly defines the prohibition of competition; therefore, the term "prohibition of competition" should be understood as the very acquisition of a trade license Vítek et al (2022).…”

Section: Non-competitionmentioning

confidence: 99%

A Critical Analysis of the Rights and Obligations of the Manager of a Limited Liability Company: Managerial Legislative Basis

Peráček

KAŠŠAJ

2023

Laws

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The rights and obligations of an executive as a top manager of a limited liability company seem to be a long-settled question. However, the opposite is true. We were particularly interested in the question of the rights and obligations of the manager as a statutory body of the most widespread type of business company. A very important issue is the definition of the relationship between the limited liability company and the manager. The reason for this is the fact that it is a business–legal relationship and the protection provided to the executive in relation to the business company is based only on their mutual contractual basis. In addition to the examination of managerial knowledge and skills, we focused primarily on a critical analysis of the legal definition of the rights and obligations of an executive and their responsibility towards a limited liability company. As part of our research, we analyzed extensive jurisprudence, which completed our understanding of the concept of an executive and also defined the framework of not only their actions, but especially their rights and obligations. To achieve our goal, we used several scientific methods designed for the study of law, such as analysis, synthesis, comparison, deduction, and description. We critically evaluated the results of our research and compared the development of Slovak and Czech jurisprudence in the context of its influence on the investigated issue. At the same time, we answered the research question of whether legislative intervention is necessary for the already existing rights and obligations of a manager in relation to their limited liability company. This analysis of the rights and obligations of the manager of a limited liability company has several implications for both managers and companies as a whole, such as managerial autonomy, accountability, responsibility, and the balance of power. The research findings highlighted the significant decision making authority granted to managers. The obligations identified in the analysis emphasized the need for managers to act responsibly and be accountable for their actions. The rights and obligations of managers need to be balanced with the interests of other stakeholders, particularly the company’s members. In conclusion, the critical analysis of the rights and obligations of the manager of a limited liability company, based on the managerial legislative basis, revealed that managers possess decision making authority, profit distribution rights, limited liability protection, and entitlement to compensation. However, they are also obligated to fulfill fiduciary duties, comply with laws and regulations, maintain proper records, and exercise due care. The research underscored the significance of managerial autonomy, accountability, and a balanced exercise of power in a limited liability company. By understanding and adhering to their rights and obligations, managers can effectively navigate their roles while contributing to the success and sustainability of the company

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Section: Non-competitionmentioning

confidence: 99%

A Critical Analysis of the Rights and Obligations of the Manager of a Limited Liability Company: Managerial Legislative Basis

Peráček

KAŠŠAJ

2023

Laws

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“…The Czech Civil Code is the basis of all private laws today. It confirms natural rights and protects human personality on this basis [1].Wang, Liming's article discusses and evaluates the "autonomy" of personality rights in the "New Civil Code".The final conclusion is that the confirmation of individual rights in the Civil Code still needs to be tested in future court rulings to promote the protection of such rights [2].Ojha, Megha focused on the degree of integration of civil law in all directions. Trying to figure out why Indians can now count on the Indian government to effectively implement the Civil Code.…”

Section: Introductionmentioning

confidence: 97%

The Institutional Dilemma and Development Path of the Internationalization of Commercial Law in the Context of the Civil Code

2023

law

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The promulgation of the Civil Code has had a profound impact on China's commercial law system. Fundamentally speaking, the Civil Code is universal in the international community, and the internationalization process of commercial law is realized under the framework of the Civil Code. The Civil Code contains a large number of provisions on the commercial legal system, which to a certain extent has also had an impact on the international commercial legal system. This article first analyzes the connection between China's "Civil Code" and the international community, and then analyzes the problems in the development of the internationalization of commercial law from the aspects of legislation technology and commercial system, and proposes a corresponding development path. Then, a questionnaire survey was conducted on the effect of the internationalization of commercial law after the development path. The results showed that the number of votes for "good" and above was close to half, which means that the development path can effectively deal with the institutional dilemma of the internationalization of commercial law in the context of the Civil Code.

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“…By their very nature, human rights belong to human beings. 9 However, in the context of a given constitutional system or a supranational legal order, where the exercise of human rights (in the context of the given system: fundamental rights) actually takes place, important practical questions arise. One might ask, whether every human being can exercise fundamental rights through his or her personal actions, or whether exceptions can be made in this respect.…”

Section: Introductionmentioning

confidence: 99%

The Role of the Principle of Proportionality in Identifying Legal Capacity to Fundamental Rights

Pozsár-Szentmiklósy

2023

sil

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The legal capacity to fundamental rights gives the right-holder the ability to exercise and enforce fundamental rights. In the absence or questionable status of the legal capacity of a right-holder, there is a need to justify such a position. In this regard, no general standards based on legal doctrine and jurisprudence can be identified. The paper focuses on the question of whether the principle of proportionality could play a role in identifying and justifying the legal capacity to fundamental rights. Based on a review of the literature, two functions of the proportionality analysis can be identified as relevant in this regard: it supports the justification of the decision to restrict fundamental rights and it precludes arbitrary decisions in relation to the limitation. The author argues that, based on its justificatory function, proportionality can play a role in identifying the legal capacity to fundamental rights in the case of human persons. In the case of autonomous organizations, in addition to its justificatory function, its function related to the exclusion of arbitrary decisions can be taken into account when using it as a standard for identifying legal capacity. In the case of human persons and autonomous organizations, there is a need for a negative justification of the limitation of legal capacity, based on proportionality. In the case of new challengers in fundamental rights disputes (such as future generations), a positive justification is required to determine legal capacity. The proportionality analysis does not play a role here, but rather other standards that require a rationality-based justification.

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The influence of the Ius-naturale conception of ABGB on the regulation of personality protection and compensation for non-proprietary damage in the Czech Civil Code

Cited by 3 publications

References 12 publications

A Critical Analysis of the Rights and Obligations of the Manager of a Limited Liability Company: Managerial Legislative Basis

A Critical Analysis of the Rights and Obligations of the Manager of a Limited Liability Company: Managerial Legislative Basis

The Institutional Dilemma and Development Path of the Internationalization of Commercial Law in the Context of the Civil Code

The Role of the Principle of Proportionality in Identifying Legal Capacity to Fundamental Rights

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