Publication details

Název podnikatele jako věc a převod práv k němu se vztahujících

Title in English Name of Entrepreneur as Thing in Legal Sense and Transfer of Related Rights to It


Year of publication 2019
Type Article in Periodical
Magazine / Source Obchodní právo
MU Faculty or unit

Faculty of Law

Web Repozitář MU
Keywords Trade Name; Corporate Name; Thing; Trasferability
Attached files
Description The article describes a development of legal regulation of a name of an entrepreneur (trade name) in our territory from 1918 until present and discusses the legal nature of the name of an entrepreneur in the sense of a company name, the name of an entrepreneurial natural person unregistered in the Commercial Register and entrepreneurial legal entities unregistered in the Commercial Register (i.e. of the name of an entrepreneur in largo sensu) with focusing on questions whether the name of an entrepreneur (in largo sensu) is a thing in a legal sense and whether related rights to those designations are transferable or not. Although the term "trade name" is not currently used by the effective laws of our legal system (this term has been in the past replaced by the term "company name"; see below), it is used by the author in some places, because it only means the other side to the same coin (the term "name of the entrepreneur"), which is called in that way (mainly) in area of intellectual property law. The name of an entrepreneur (trade name) can be defined as a designation under which the entrepreneur carries out his/her business. The term "name of an entrepreneur" is then more common in the area of civil and commercial law. The article is based on legislation effective in our territory from 1918 to 2019, relevant jurisprudence of the Supreme Court, commentaries on the relevant provisions of Act No. 89/2012 Sb., Civil Code, and of Act No. 513/1991 Sb., Commercial Code, and Czech academic literature on this issue.
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