Některá úskalí dispozitivnosti třetí části obchodního zákoníku z pohledu právní jistoty
| Title in English | Some pitfalls of non-mandatory rules of the 3rd part of the commercial code from perspective of legal certainty |
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| Authors | |
| Year of publication | 2009 |
| Type | Article in Periodical |
| Magazine / Source | obchodněprávní revue |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | non-mandatory rules; legal certainty; principles |
| Description | Work deals with some issues of the 3rd part of the Czech Commercial Code, especially with the question of the legal certainty. In art. 263 of the CCC is used the enumerative of the mandatory rules. Then, the others are non-mandatory. This solve has some plus, but also some minus. At the first sight it is clear. But by the tight view it is not so clear, what is really mandatory or non-mandatory. And sometimes lawgiver uses such category, which is in authors opinion wrong. In fact the consequence is no legal certainty. Author deals with the negatives, and tries to make some better solutions. But he does not refuse the principle of the enumerative, he tries to make this only better. |
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