Zastoupení podnikatele v obchodních vztazích

• Main Author: Deák, Marko
• Other Authors: Horáček, Vít
• Format: Dissertation
• Language: Slovak
• Published: 2010
• Online Access: http://www.nusl.cz/ntk/nusl-276042

The purpose of submitted thesis is to analyze current regulation of one of the key institutes of law - institute of representation. The institute is common for different branches of law. The core of representation is mutual for all branches, although several differences appear. Regulation of this institute can be found in substantial as well in procedural law. The thesis focuses at representation of an entrepreneur (also referred to as a businessman) in particular. Duplication of regulation in Civil and Commercial Code results in fact, that appropriate provision of both Codes must be applied for proper interpretation. Institute of representation enables that under certain circumstances a legal person (proxy or authorized representative) can act for other legal person and in the name of other person (principal, mandator or donor of the power). Legal consequences - rights and duties - shall arise directly to the principal. Representation has long history, but contrary to other legal institutes, inspiration can not be found in Roman law, because Roman law did not recognize representation in modern understanding. The institute is very important especially in the world of entrepreneurs, since consequences of representation are crucial for legal status of entrepreneur himself, because the rights and...