Jak dál ve smluvním (obchodním) právu
| Title in English | Where is the future of Czech contractual (commercial) law? |
|---|---|
| Authors | |
| Year of publication | 2010 |
| Type | Article in Periodical |
| Magazine / Source | Státní zastupitelství |
| MU Faculty or unit | |
| Citation | |
| Web | http://www.novatrixprint.cz/homepage/law_taxes_economy/show/235 |
| Field | Law sciences |
| Keywords | groups of business obligations - sources and rules of business law - directives of EU/EC |
| Description | A recodification of private law made a great progress. The proposal of the articulated text of new Civil Code was submitted to the Parliament of the Czech Republic, which does not discuss it in this period. There are some arguments against leaving the part about commercial obligations, for example there is a statement that a Commercial Code was amended many times. In fact it is not a relevant argument because where were not a lot of amendments to the third part of Commercial Code and all of them were minimal and they usually reacted on a new EU/EC legislative. Although we can criticise the present regulation, especially the exactness of § 263 of the Commercial Code that defines mandatory rules, we think this is a good solution that settles a nonmandatory character of the part of Commercial Code that regulates commercial obligations. The nonmandatory character of regulation of commercial obligations should be stronger than in the field of civil obligations also from de lege ferenda perspective. According our opinion it is not important to be in haste with recodification of private law. It is good to consider all these questions again and discuss them more. We very appreciate all just prepared works; we can use a lot of from these works in the future. |
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