Publication details

Obchodní jméno jako věc a možnosti dispozic s právy k němu se vztahujícími v komparativních souvislostech

Title in English Trade name as a thing and transferability of rights belong to them


Year of publication 2019
Type Appeared in Conference without Proceedings
MU Faculty or unit

Faculty of Law

Description What is the trade name in a legal sense and how can it be sold or licensed by an entrepreneur to a third party? Present Civil Code has leaned towards a broad conception of the thing in a legal sense and thus allows anew the existence of intangible things in a legal sense. Regarding the new con-ception and the established definition of the trade name, as a sign that identifies a person within their business activities, it would be possible to qualify the trade name as the thing in a legal sense. But, does this conclusion always apply - even in a situation when we speak about a trade name of an entrepreneur who does his business under the name that consists of name and surname of a natural person? And if we conclude that the trade name is the thing in a legal sense, does it also mean that the trade name holder has a right of ownership to his trade name? The contribution will bring the answers to these questions in the context of Czech law and selected foreign legal orders.
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