scholarly journals Commercial name in the draft of the Civil Code

Author(s):  
Jarmila Pokorná ◽  
Eva Večerková

Name of the firm is by the Commercial Code name of the entrepreneur registered in commercial register. The effective legal regulation distinguishs between the name of natural person (its first name and surname) and the name of company (its name and obligatory addition declaring its legal form). The name is not allowed to be deceptive and mistakable. It can be transfered only together with an enterprise. If the name is unwarrantedly interferented the injured person can require an unwarranted user to forbear his behaviour and to eliminate the defective state. He can also demand delivery of an unwarranted enrichment, adequate satisfaction and damages.Reform of civil law transposes the regulation of name of the firm to Civil Code, but maintains some principles of existing legal regulations: the name is a designation for entrepreneurs registered in commercial register, it is not allowed to be deceptive and mistakable. However the draft bill of the Civil Code brings change in some elements of the regulation: natural person does not need to use obligatory name and surname, right to use the name by its transition on a new user is regulated in more detail and more detailed is also the regulation of using the names of natural persons in names of companies.By way of contrast possibility of transfer of the name is not explicitly solved. It may be used the general regulation about transfer of the thing. Existing interpretative problems become this way deeper.

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Сергей Синицын ◽  
Sergey Sinitsyn

Codification of civil legislation is not a one-time random phenomenon in law; it is preceded by a long and meticulous work which in modern Russia pursues the aims of creating legislation sources’ system levels that ensure stable, large-scale and comprehensive legal regulation of market relations required by the turnover. Work on modernization and renewal of the Civil Code forms an integral part of codification, it shows dynamic development of the system of civil legislation. Objectives of the civil legislation codification in ХХ—ХХI involve elimination of contradictions in legislation, regulatory consolidation of new law doctrines, well-established in law enforcement practice, their structuring in the sources of civil legislation system, rationalization of legal regulations. Status of legislation and its evaluation predetermine the tendencies of its development in future, allow forecasting, designating possible risks and priorities of the law-making process.


2020 ◽  
Vol 14 (2) ◽  
pp. 137-152
Author(s):  
Karel Marek ◽  
Martin Janků

For more than two decades the family business enterprises of the first generation (generation of founders) are more and more dominating in the category of today’s Small and Medium-sized Enterprises in the Czech Republic. The necessary legal background defining the legal relationships and rights of all participating persons was, however, limited to general provisions in the Commercial Code that hasn’t solved many of the problems associated thereto. Only in 2012 the new Czech Civil Code, Act. No 89/2012 Coll., introduced the institute of family enterprise as completely new term in the Czech Civil law. The present paper aims to analyse the key rules of this new legal regulation, focusing on significant aspects of the institute in the context of commercial law and family law, as well as to highlight the potential weaknesses in the regulation itself.


2016 ◽  
Vol 5 (2) ◽  
pp. 25-32 ◽  
Author(s):  
Martin Janku ◽  
Karel Marek

Abstract For more than two decades the family business enterprises of the first generation (generation of founders) are more and more dominating in the category of today’s small and medium–sized enterprises in the Czech Republic. The necessary legal background defining the legal relationships and rights of all participating persons was, however, limited to general provisions in the Commercial Code that has not solved many of the problems associated thereto. Only in 2012 the new Czech Civil Code, Act. No 89/2012 Coll., introduced the institute of family enterprise as completely new term in the Czech Civil law. The presented paper aims to analyse the key rules of this new legal regulation, focusing on significant aspects of the institute in the context of commercial law and family law, as well as, to highlight the potential weaknesses and gaps existing in the regulation.


2021 ◽  
Vol 9 (2) ◽  
pp. 72-85
Author(s):  
Oleksandr Romanovich Kovalyshyn

The paper is devoted to the disclosure of certain aspects of recodification in Ukraine, some existing problems of the Ukrainian commercial law as well as the conflict of norms between the Commercial Code of Ukraine and the Civil Code of Ukraine. In year 2020, the Concept of Civil Legislation Reform was adopted in Ukraine. The Concept of Civil Legislation Reform states that the systematic renewal of the Civil Code of Ukraine as a whole is possible only if the Commercial Code of Ukraine is repealed because the latter does not meet the parameters of the acts governing business relations which, by their nature, are primarily private. The presented study explains the current problems of the Ukrainian commercial law as well as civil law regulation of business relations for both: 1) the foreign scholars dealing with the civil law and commercial law; 2) the foreign investors (including investors from the European Union countries) who are already conducting economic activities in Ukraine or plan to invest in the Ukrainian economy. Special attention is given to such issues like the types of ownership, penalties for obligations, differences in legal capacity, difference of approaches to the system of legal entities, existence of some archaic legal forms of entrepreneurial activity, etc. The author emphasizes that undoubtedly the Commercial Code of Ukraine as well as the Civil Code of Ukraine need some updating. There is an urgent need to systematize the existing organizational and legal forms of legal entities and to renew the basics of civil law regulation in Ukraine. It is explained in the paper, while in most neighbouring jurisdictions steps are being taken to systematic update of the commercial codes (including expanding the scope of their legal regulations), in Ukraine steps are being taken to eliminate the commercial code. This seems completely unacceptable; it harms the legal regulation of business relations in Ukraine significantly and slows down the progressive development of the Ukraine’s economy. The analysis of the commercial codes abroad shows that there is no single approach to the list of legal constructions that should form the basis of the relevant code. All, without exception, codified acts of this type are characterized by the presence of special institutions that, from the point of foreign lawyer’s view or current trends in private law, may seem do not meet certain standards.


Author(s):  
Luciano Zordan Piva

Sumário: Introdução. 1. A dualidade Direito Civil - Direito Comercial como base da pesquisa. 1.1. Apontamentos sobre a evolução histórica da unificação do Direito Privado brasileiro. 1.2. Técnica de pesquisa e corte metodológico: o contrato de comodato na relação de distribuição de derivados de petróleo. 1.3. Da utilização do contrato de comodato como paradigma para a investigação: contrato tipicamente civil numa relação empresarial. 2. Resultados: inclinação jurisprudencial no sentido de evidenciar a autonomia do direito comercial. 2.1. Análise das decisões que consideram o contexto de inserção do contrato para configuração da sua função social e econômica típica. 2.2. Relação de decisões que aplicaram regras civis ao contrato de comodato inserido na relação de distribuição de derivados de petróleo. 2.3. Análise de decisões anteriores à vigência do Código Civil de 2002. 3. Um novo código comercial é necessário? Considerações finais. Referências. Resumo: Uma das maiores transformações promovidas pelo Código Civil foi concretizar a tendência histórica do Direito brasileiro no sentido da unificação do regime das obrigações. Tendo em conta os dez anos de vigência da “constituição do homem comum”, esse artigo procura identificar as consequências práticas da unificação, isto é, examinar qual o impacto provocado nos julgamentos de casos envolvendo situações limites, em que, por exemplo, um contrato civil típico tenha sido utilizado numa operação intrinsecamente empresarial. Nesse sentido, analisar-se-á o contrato de comodato inserido na atividade de distribuição de derivados de petróleo, sempre atento aos novos dispositivos do Código Civil que originaram regras para a solução de casos como o supramencionado. Aproveitando as indispensáveis reflexões acerca da dualidade Direito Civil – Direito Comercial para a produção desse artigo, ao final provoca-se a discussão a respeito da necessidade ou não de um novo Código Comercial, em virtude da proposta do Projeto de Lei n. 1.572, de 2011. Palavras-chave: Direito Comercial; Código Civil; Unificação das Obrigações; Comodato; Projeto de Código Comercial. Abstract: One of the most important changes promoted by the Civil Code was to materialize the historical tendency of Brazilian Law towards the unification of Obligation’s regime. Taking into account the ten years of entering into force of this Code, this paper aims to identify the practical consequences of the unification, that is to say, to examine what is the real impact provoked in the trials involving threshold situations between Civil Law and Commercial Law, as for example, when a typical civil contract has been used in an intrinsically commercial transaction. In this sense, it shall be analyzed the commodate contract inserted in the oil’s derivative distribution activity, always looking up to the Civil Code new provisions that originated rules for the solution of cases like the above-named. Taking the indispensable reflections about the duality between Civil Law – Commercial Law, in the end of this paper, we provoke a discussion about the necessity of a new Commercial Code, due to the recent 2011 Draft Bill n. 1.572.  Keywords: Commercial Law; Civil Code; Unification of Obligation’s Regime; Commodate Contract; Draft of Commercial Civil Code.


2021 ◽  
Vol 2 (1) ◽  
pp. 83-92
Author(s):  
Denisa Dulaková Jakúbeková

The article discusses the current state of the ongoing process of private law recodification in the Slovak Republic. Despite the efforts promised by every new government, to this day, none of them have achieved a recodification of civil law that would ultimately result in unambiguous treatment of, in particular, the so-called questions of values, nor have any of them seen through the creation of a codex, which has long been required. The need for recodification first became apparent even before the November 1989 Revolution. The focus of the expert public post-revolution was on filling the legal vacuum that came about through the abolition of the Economic Code and the Code of International Trade and on substituting them with a new and equivalent legal regulation. Due to time constraints and the urgent need for a solution to the given situation, the country failed to adopt a single universal regulation for private law; instead, the so-called major amendment of the previous Civil Code was adopted. This state has since prevailed; thus, Slovakia’s legal system is still subject to a Civil Code from 1964, amended on several occasions, as well as the Commercial Code from 1991. This is despite the numerous attempts to recodify private law, the last attempt having been introduced to the public at the end of 2018. The form of this reform was, however, surprising. Slovakia saw a change in governments in 2020, and the new government has, to date, declared other priorities in the domain of justice. It is, therefore, difficult to say whether the new government will adopt the ambition to recodify private law and, if so, to what extent it will succeed in completing this goal.


2016 ◽  
Vol 90 (2) ◽  
pp. 227-249 ◽  
Author(s):  
Susana Martínez-Rodríguez

Spain approved the first law ofSociedad de Responsabilidad Limitada(SRL)—a legal form similar to the German GmbH—in 1953. However, the SRL had already been used, albeit without its own legislation, since the 1920s. How was this possible in a country whose legal system was based on civil law? Its 1885 Commercial Code lacked thenumerus claususprinciple for enterprise forms, a feature that gave entrepreneurs unusual freedom in organizing their firms, and in adopting new business forms not defined in the code. It also invites us to rethink the notion of rigidity in civil law.


THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 250-255
Author(s):  
K. S. Zhylkichieva ◽  
A. A. Kalybaeva ◽  
G. Zh. Koshokova

The article analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the statements of Constitution of the Kyrgyz Republic, Civil Code of the Kyrgyz Republic, Criminal Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic «About Normative Legal Acts of the Kyrgyz Republic», the Law of the Kyrgyz Republic «On the Regulations of the Jogorku Kenesh of the Kyrgyz Republic» and the works of the legal scholars. It examined the provisions of laws adopted for general regulation and concludes they are serious problems, because of them there is a "blurring" of the contour of the legislation on legal entities in the article. The publication supports the opinion of the authors of the Concept for Development, according to which the regulation of the status of legal entities in the civil legal field can be characterized by a set of the laws and regula-tions in force in the Kyrgyz Republic, which do not always correspond to each other, as well as to the Civil Code. The low legal and technical level and ineffectiveness in practice are also shown by some adopted laws. It noted the Civil Code of the Kyrgyz Republic, adopted on May 8, 1996, created the new foundation for the regulation of legal entities, which was supplemented by many new laws over the next decades in the article. The authors come to the conclusion the fairly honest assessment can be applied to the established regulation – that with the main vector of development of the Concept of Civil Legislation in Kyrgyzstan, in general, there is an economic, social and well-grounded the logic and generally justifiable modern civil law in relation to legal entities. But at the same time, for many problems, correct solutions have not yet been found and no efficiency ratings have been given.


2019 ◽  
pp. 72-80
Author(s):  
Avak Vartanian

The article analyzes the novels of the legislation of the Republic of Belarus concerning the procedure for using gift certificates when selling goods (performance of works, rendering services). It has been done a comparative analysis of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus, Ukraine and some foreign countries (Canada, the USA). The author raises some problems concerning the use of a gift certificate in civil circulation. It is pointed out that there is uncertainty both in the theory of civil law and at the level of legislative regulation regarding the civil law nature of a gift certificate. It is noted that the analysis of the legislation in force in the Republic of Belarus allows us to define a gift certificate as a document certifying the property right (requirement) of its holder (bearer) to receive goods (works, services), and the amount of money contributed when purchasing a gift certificate, as advance payment (advance payment). At the same time, such an approach of the legislator is criticized due to the fact that there is a clear contradiction to the requirements of Art. 402 of the Civil Code of the Republic of Belarus, from the content of which it follows that the advance payment presupposes the existence of a contract in which the subject has been agreed, which is not typical of most gift certificates, due to the fact that they do not contain an indication of the subject of the contract. Having done the analysis of the civil legislation of Ukraine, the author makes a conclusion that there is application of the rules on a purchase agreement to gift certificates, the subject of which may be property rights in accordance with the Civil Code of Ukraine. The conclusion is made about the imperfection of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus and Ukraine, as well as about the complex legal nature of the gift certificate, regarding which legal regulation should be more universal, defining a gift certificate as an independent object of civil legal relationship.


2017 ◽  
Vol 10 (3) ◽  
pp. 182
Author(s):  
Duong Quynh Hoa

This article analyzes and assesses Vietnam’s civil law for the promotion and protection human rights, the successes and limitations of their implementation in practice. The research findings show that over the past years, the Civil Code has laid a firm ground for remarkable successes in the promotion and protection human rights, especially, not only of Vietnamese but also foreigners living and working in Vietnam. The code is deemed compliant with international human rights conventions, laws and practices. In the Civil Code, however, there remain some certain limitations. For example a number of provisions of the current Civil Code fail to meet the human rights legislation or do not really create favourable conditions for the promotion and protection human rights in the economic and social domains. Our objective aims to outline the theoretical bases and analyze, assess regulations on human rights provided for in the Civil Code of Vietnam at present, thence proposing some solutions for improving legal regulations and contributing to ensure human rights in the legal system of Vietnam in general and in the Civil Code in particular.


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