Publication details
Snesitelná těžkost nebytí/bytí obchodního práva
| Title in English | The bearable toughness of not-being/being of commercial law |
|---|---|
| Authors | |
| Year of publication | 2019 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro právní vědu a praxi |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Doi | http://dx.doi.org/10.5817/CPVP2019-S-2 |
| Keywords | Commercial law; socialist economic law; civil law; Civil Code; Economic Code; legal regulation of business and entrepreneurial activities; some conent-related and formal standards of legal studies . |
| Attached files | |
| Description | Commercial Law was deprived of its own Code in 2012, similarly as it happened to the Economic Law in 1991. Nevertheless, formal sources of law predetermine neither the structure and content of legal disciplines, nor the division of legal system into legal branches. Tuition of modern commercial law involves therefore even today, after quitting the „socialist“ concept of separate economic law, not only traditional segments of private (civil) law but basics of public law regulations related to business and entrepreneurship, too. Businesses are traditionally understood and tought in two meanings – both as subject-conditioned contact of entrepreneurs and as a typical exchange of goods regardless of entrepreneurial or non-entrepreneurial status of persons concerned. Partial overlapping of commercial and general civil laws and complementing each other is beneficial, especially in the field of recently unified law of obligations. General demanding study requirements do not always comply with several controversial circumstances we are facing in our universities nowadays; some of these factors are subject to benign criticism in the essay. |