Publication details

Reformní směřování evropského práva (základní kapitál ve druhé směrnici Rady ES)

Title in English Reform of the European law (subscribed capital in the second Council directive)
Authors

POKORNÁ Jarmila

Year of publication 2008
Type Article in Proceedings
Conference Firma a konkurenční prostředí 2008 : sborník z mezinárodní vědecké konference. 3. část. Brno, 13.-14. března 2008
MU Faculty or unit

Faculty of Law

Citation
Field Law sciences
Keywords subscribed capital; principle of bindingness and preservation of subscribed capital; property of compamy; member's stake of a company; reform of the legal regulation of business companies in the EU; reform of the Second council directive
Description The paper is written as a part of solution of a project No MSM0021622405 The European context of a development of Czech law and it gives attention to questions of the subscribed capital and its amendment on the basis of the reform of the Second council directive. The fundamental function of the subscribed capital consists of its protective operation against creditors in stock corporations, whose members are not liable for the obligations of companies. This conception represents the basis for the legal orders of the member's states of the EU in accordance with the Second council directive. The legal regulation was very strict and after the reform is should be given up with regard to valuation of noncapital consideration, financial assistance and acquiring of own shares. Corresponding amendment of Commercial Code will be prepared.
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