Publication details
K obchodním závazkovým vztahům (obecné otázky)
| Title in English | To the Business Contractual Relations (general questions) |
|---|---|
| Authors | |
| Year of publication | 2010 |
| Type | Article in Proceedings |
| Conference | Firma a konkurenční prostředí = Firm and competitive environment 2010 |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Commercial terms - Commercial Code - Bussines Obligations - Source of Law - Rule of Law - Principles of the Commercial Code |
| 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. |
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