Publication details

Nesplnění smluvních povinností jako nekalá soutěž

Title in English Breach of Contract as a Unfair Competion


Year of publication 2009
Type Article in Periodical
Magazine / Source Časopis pro právní vědu a praxi
MU Faculty or unit

Faculty of Law

Field Law sciences
Keywords breach of contract; unfair competition
Description Author deals with the question whether breach of contract may be considered to be unfair competition. On the basis of comparation with the German and Austrian practice of the courts the author came to a conclusion that breach of contract, related to the economic competition and affecting competitive position of participants of such contracts, could be prosecuted according to unfair competition regulation stipulated by the Commercial Code. Author formulates conditions of such a paralleling. Special attention is paid to the question of meeting one of the conditions of general clause of unfair competition regulation, i.e. acting in economic competition.
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