Publication details
Doručování datovými schránkami v soukromoprávním styku
| Title in English | Delivering by Data Boxes in Private Transactions |
|---|---|
| Authors | |
| Year of publication | 2023 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy : časopis pro všechna právní odvětví |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | Postal Data Messages; Data Boxes; Act on Electronic Transactions; Civil Code |
| Attached files | |
| Description | In this article, an opinion, which was recently published, that the current legislation on the moment of delivery of so-called postal data messages is not appropriate for private law, is further developed. The article presents the history of such legislation and discusses the question whether courts accept that special rules should apply instead of the general rules of private law; in this regard, the intent of the legislative body is also discussed. It is concluded that the legislative body’s intent was to make the general regulation not applicable and that courts accepted the special regulation prior to the recent amendment and will most likely do so in the future as well. The article also discusses several arguments of the explanatory memorandum: that prior legislation was prone to be misused, that the general rules of private law regarding delivery only prefer the senders’ interests, and that if the general rules were to be applied for so-called post data messages sent by public authorities, there would be the risk of confusion. |