Publication details
Podnikání mezi Scyllou právního liberalismu a Charybdou přeregulovanosti
Title in English | Entrepreneurship between Scylla of Liberalism and Charybdis of Overregulation |
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Authors | |
Year of publication | 2016 |
Type | Article in Proceedings |
Conference | Právo.Obchod. Ekonomika VI. |
MU Faculty or unit | |
Citation | |
Field | Law sciences |
Keywords | regulation between overregulation v. underregulation; intersection between private and public law |
Description | Tendency to deregulate entrepreneural acivities is pursued both in doctrinal terms and in some industries in practical terms and EU-wide, too. Paradoxically, it is not rarely accompanied by efforts to implement ever more and more detailed reglementation of business activities not only by means of public law, but by specific protective measures of private law nature as well (e.g. general or specific protection of a weaker party and of the fairness of the contract). Getting through specific general public interests and policies at the costs of private parties involved may lead to counter-productive results unless not very carefully assessed and balanced from the viewpoint of usefulness, rationality and proportionality of interests affected. |