European Polytechnic Institute, Ltd.
Abstract: Law as a science discipline is not stagnant, but constantly evolving organism, which
must respond to all social, political and economic changes that the society which, respectively. the entire world community is undergoing. This situation occurred in the Czech Republic after 1989 and from that time our legal system is undergoing constant improvement, which is still also enhanced by the adoption of CR to the European Union in 2004 and the obligation to meet our commitments to the European Union.
Keywords: private law, codification, revision, modernization, business, natural and legal
persons
INTRODUCTION
Private law includes the rights and obligations arising from the mutual contact of persons who have equal status and their free will. Private law arises in the private sector, so-called "bottom". Its main source is not law, but free will, which is usually reflected in the contract. The Civil Code opens a very broad framework of free initiative of individuals and their right to organize their private life according to their own and strive for happiness. Most provisions of the Civil Code is dispositive, it means that they apply when the parties will not affect another. Good will is generally limited by considerations of good morals, public order, honor and dignity of persons. This means that it is against good morals, can not contractually agree. The legal status of a person as an individual, including the modification of rights exclusively and logically connected with his person, is a key theme of the first part of the Civil Code. The private law is also the Commercial Code, a recodification currently in the process. Compared to the current Commercial Code does not include new legislation law obligations, which will be moved to the new Civil Code.
THE NEW LAW REPLACES THE COMMERCIAL CODE
The new law removes the frequent intersection between business and civil law. It will have a short name "law of business corporations" for entrepreneurs and brings several changes, clarified terminology and innovation in the form of a so-called influential people.
Government Legislative Council has just approved a new law that would significantly affect business law. New Testament at this point goes to the government, which together with the parliament will decide about his fate. Starting pay would be the earliest in 2013 and will replace the current form of the Commercial Code, which currently is undergoing amendments. The law is not entirely new. The former government of Mirek Topolanek already talked about it in 2009 and at the same time, it was already working on the current Justice Minister Jiri Pospisil. He said the law: "The law will contain essentially just corporate law, which governs the creation, operation and termination of commercial companies and cooperatives. Treaty obligations, which are present in the Commercial Code and Civil Code, there is a dualism, where the problem arises in practice, will be removed by the law of contract is just and only just in the Civil Code. "
EXPLANATION OF SOME NEW CONCEPTS FORTHCOMING CODE
Business Corporation: under this term to hide as a company, that is personal and capital, including
European companies and associations, and cooperatives.
Influential person: respect of each person using his influence in the business corporation, directly or
indirectly affect the behavior of business corporations, responsible for the damage, in connection with the conduct of the business corporation or its shareholders suffered. This inter alia means that if the head of the company too much risk, may bankrupt the company to come and your personal property.
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the current version of the Commercial Code defines who as majority owner, or the control person. These new dates just added an influential person who will be in companies liable for their actions. The proposal aims to protect a damaged company or cooperative, their shareholders and creditors. It is this influential person will be liable for the fulfillment of debts, which, for reasons affecting not be satisfied. Heads of companies will have to move each of his well think twice, do not have to pay the debts of their own. While the law is mindful of the conditions under which it will be possible to break free from the obligation to pay for any damage, it may be difficult to achieve these conditions.
Deposit into a limited liability company:
Another novelty is the minimum deposit in a company with limited liability. Currently, it is necessary to create a capital of 200 000 crowns and one to five years to repay, the newly might only need a crown. The proposal is based on French and German model law under which so opens the possibility for setting up more such companies, but once again strengthen the role of creditors.
New provisions and rules and therefore introduced a so-called test of insolvency. The company will not be able to provide any benefits, if it would cause a relapse. Creditors will thus secure the protection, in which no amount of reliance on fictional books, but the real worth of the assets and liability of directors.
CONCLUSION
The globalized world of shorter distances, but the freedom of movement of people also brings new phenomena and therefore they must respond to our legal norms, especially the civil code. The proposed amendment to the Civil Code certainly contribute among others to greater legal certainty of citizens who are often unwittingly become the subjects and any legal relations. The company has for years been calling for such change and the European Union strictly ensure that their standards are mainstreamed into the legal systems of individual Member States. Czech Republic, which is often criticized for the slow performance of binding instructions from the EU this step also contributes to another important approximation and harmonization of our legislation with EU legislation and other Member States.
The proposed changes in commercial law is closely related to changes in civil law. This does not mean that the legislation relationship between companies and their managers were quite right. Liability for damage in case of liability for damage manager would continue to managed mode the Commercial Code.
REFERENCES:
[1] Plums, J et al. Civil Code. Comment. Part I. 1 Ed. London: C. Beck, H., 2008. 2336 p.
[2] Knapp, V. Czechoslovak socialist system of law in the history of forty years. First Ed. New York: Lawyer, 1985. 445 p.
[3] The development of private law [online]. [cit. 20.01.2011]. Available from WWW: http://www.komora.cz/Files/PripominkovaniZakonu/Materialy/188_oduvodneni.doc
http://obcanskyzakonik.justice.cz/cz/obecne-o-zakoniku.html
http://www.podnikatel.cz/clanky/rok-2012-prinasi-smrst-zakonnych-zmen/?ic=kolotoc-header&icc=01
ADDRESS:
JUDr. FrantišekHurbiš
The European Polytechnic Institute, Ltd. Osvobození 699 686 04 Kunovice tel: 572 549 018 fax: 572 548 788 E-mail: [email protected] ThDr. Mgr. Alena Hanzová, Th.D. The European Polytechnic Institute, Ltd. Osvobození 699
686 04 Kunovice tel: 572 549 018 fax: 572 548 788
„JAK ÚSPĚŠNĚ PODNIKAT V PŘÍHRANIČNÍCH REGIONECH JIHOVÝCHODNÍ MORAVY“ VI. MEZINÁRODNÍ KONFERENCE 2011, EPI Kunovice, Česká republika, 20. květen, 2011
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