Publication details
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| Title in English | Can an undertaking be considered a legal person? |
|---|---|
| Authors | |
| Year of publication | 2016 |
| Type | Article in Proceedings |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Competitor; legal person; private enforcement of antitrust damage claims |
| Description | Anotace anglicky The new Civil Code tends to incline to an open understanding of legal persons. Not only does it support the fiction theory, but also states that the law does not need to declare an entity to be a legal person, it is enough for it to be evident. In a situation, when the complete sum of law in force does not contain a full list of legal persons, it is necessary to analyse the legal system and assess the possibility that even new entities can have legal personality. For such assessment, a set of criteria must be drafted. Such criteria can be found in the works of Ruban or Pelikán and assess both current legal system and its theoretical and historical background. An entity for such assessment in this article would be the undertaking known from competition law. In this article, I will introduce criteria that need to be met for an entity to be accepted as a legal person and assess whether the undertaking meets them. If that is the case, I will also assess obstacles that prevent the undertaking to be accepted as a legal person. The conclusion of my article will answer the question, whether an undertaking can be considered a legal person. |
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