Poznámky ke smluvní pokutě a k odporovatelnosti u smlouvy o prodeji podniku (podle obchodního zákoníku)
| Title in English | Remarks to Penalty and to Unenforceability by Enterprise Agreement (According to the Commercial Code) |
|---|---|
| Authors | |
| Year of publication | 2011 |
| Type | Article in Periodical |
| Magazine / Source | Státní zastupitelství |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | penalties; business contact; Commercial Code; enterprise agreement; arbitration courts; obligees |
| Description | First part of article refers to penalty and its reference to standard practices, fair business contact and possibilities of its moderation. If the Commercial Code does not contain adjustment of contrariety to standard practices, we follow adjustment of the Civil Code (§ 39 of the Civil Code). In case of contrariety to law, legal act of penalty can even be invalid. If size of penalty is contradictory to fair business contact, willing agreement is valid, however it is possible to demand performance at court (or arbitration court). The court should not permit this kind of penalty, but it is only up to the court's will, if it lowers an excessive penalty (§ 301 of the Commercial Code); always keeping to the legal criteria. In the second part of our paper we deal with possibility of unenforceability by enterprise agreement and with competence of arbitration courts to decide in this matter. |
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