Novelizovaný obchodný zákonník

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Jozef Suchoža - Ján Husár - Regina Hučková (eds.)

Collection of papers presented at an international scientific symposium LAW - COMMERCE - ECONOMY held from 23rd. – 25th. of October 2019 in High Tatras

This year's conference program and the proposed collection reflect current topics not only in domestic legal science (recodification of private law in the conditions of the Slovak legal order) but also in European and international legal science (legal and ethical aspects of artificial intelligence). The conference program is enriched this year by a section, which the organizers have prepared in cooperation with the International Arbitration Court at the Czech-Moravian Commodity Exchange and the Arbitration Court at the Chamber of Commerce of the Czech Republic and the Agrarian Chamber of the Czech Republic.

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Žofia Mrázová(ed.)

Proceedings from the VI. Student Symposium on Commercial Law Held on November 28, 2018, at the Faculty of Law, Pavol Jozef Šafárik University in Košice

The Department of Commercial and Economic Law at the Faculty of Law, Pavol Jozef Šafárik University in Košice, organized the sixth annual Student Symposium on Commercial Law on November 28, 2018. The event was part of the research project VEGA 1/0917/16 titled "Atypical and De Facto Relationships in Commercial Law." The symposium aims to provide a platform for discussion among students with the guidance of mentors from the department, including professors, researchers, and doctoral candidates.

This year’s symposium focused on protection against anti-competitive practices. Unchecked anti-competitive behavior could grant economic advantages to violators at the expense of other competitors and threaten the free-market system. Students explored various challenges related to competition law, analyzing Slovak and European legal frameworks as well as court rulings and decisions by other authorities. Through their research, students honed their analytical thinking, argumentation skills, and critical reasoning. The discussions generated new perspectives and encouraged active engagement among participants.

This proceedings volume presents the outcomes of students' work from this event.

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Lukáš Michaľov - Katarína Koromházová (eds.)

The Collection of scientific contributions "Privatization of public law versus publicity of private law" is an output of the International scientific conference of Phd. students and scientific researchers organized by the Department of Criminal Law, Faculty of Law, Pavol Jozef Šafárik University.

The collection contains contributions focused on the issues of the intersection of private and public law, specifically on the privatization of public law and publicity of private law. This is a highly important topic, because the elements of privatization can be found across the entire public law, not only in the field of criminal law, but also in other legal branches of public law.Recently, there have been significant elements of publicity of private law, especially commercial or civil law. Therefore, we consider the topic of the conference and the title of the collection to be appropriately chosen and up to date without any significant limits in scientific research. The participants of theInternational scientific conference in their contributions also focused on de lege ferenda considerations and offer a new perspective on the formation of public or private law.

The aim of the published Collection of scientific contributions isto continue in improving and developing new knowledge of the public law in the field of its privatization and private law in the field of its publicity.

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Žofia Mrázová - Ján Husár - Jaroslav Dolný a kol.

The publication "Volené orgány kapitálových spoločností. Vybrané otázky" focuses on the assessment of legal aspects of the performance of corporate boards members and on solving application problems regarding relations arising between members of the board of directors and supervisory board and the company itself.

The first part of the publication deals with the basic conceptual preconditions to become members of elected corporate boards, including conditions for their appointment and removal. Among the issues addressed is also the required standard of performance of corporate boards members in relation to the concept of professional care and duty of loyalty. Remuneration of elected board members as well as the possibility of opposing the contract for performance are also analysed.

The application problems partly extend to bankruptcy law when examining the obligations of board of directors after the bankruptcy of a company, specifically in matters of the emergence of special liability of the board of directors as well as their performance even after the bankruptcy.

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Erik Štenpien (ed.)

Proceedings of the International Scientific Conference held on September 27, 2013, at the Faculty of Law of UPJŠ in Košice

The Civil Code is one of the fundamental legal codifications of our time. Paradoxically, in the Slovak Republic, the 1964 Code still applies today, albeit with certain modifications brought by the modern era. Currently, recodification efforts are underway, with the goal of adopting a new Civil Code.

However, it is not possible to build something new without knowledge of the old. It is therefore a positive sign when legal historians and civil law experts come together at a conference to exchange views and insights. The Department of State and Legal History at the Faculty of Law in Košice is in its first year of working on the scientific grant project VEGA: The Historical-Legal Development of the Institute of the Sales Contract and Trends in Its Current Recodification in the Slovak Republic - No. 1/0131/13.

This project was acquired as a historical-legal initiative, but the Department of Civil Law is also participating, as Assoc. Prof. JUDr. K. Kirstová, CSc., is the deputy head of the project. Aware that this represents a completely unique connection between legal history and practice, our department organized the international scientific conference The Sales Contract - History and Present I. on September 27, 2013, which was a planned grant output but ultimately coincided with the 40th anniversary of the Faculty of Law in Košice.

This proceedings volume thus summarizes contributions from the grant project, as well as related presentations. It aims to significantly contribute to the understanding of the history and current recodification efforts of the sales contract institution both domestically and internationally.

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Dominika Zavadová(ed.)

Proceedings from the 3rd Student Symposium on Commercial Law

In November 2015, the third annual Student Symposium on Commercial Law took place at the university facility in Danišovce.

After two years of symposia focused on company law, the main topic of the third edition was the general part of commercial obligations law. This year as well, the goal of the student symposium remained to provide more space for students to formulate their own perspectives on current legal issues and to present the results of their own work.

The overarching topic made it possible to assign several current issues, allowing students to tackle problems they are likely to encounter in their future practice. The selected topics are not among those unanimously accepted by legal doctrine or established case law. On the contrary, the topics were deliberately chosen for the lack of sufficient domestic literary sources. As a result, processing the individual topics required more than just standard textbook or commentary knowledge.

The participating members of the department, both teachers and doctoral candidates, acted this year primarily as contact persons, rather than as consultants or supervisors of the students’ work. The primary purpose of the symposium at the faculty is to enable students interested in commercial law to develop their analytical and argumentative skills, as well as to express their personalities. We aim for students to develop not only professional knowledge but also personal skills-so-called soft skills-the art of presenting their own opinions and arguing persuasively.

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Jozef Suchoža - Ján Husár - Regina Hučková (eds.)

Collection of Scientific Works

The scientific papers presented in this Collection are primarily the result of academic research conducted by experts working within the academic environment—particularly at Faculties of Law in the Slovak Republic and the Czech Republic, as well as by foreign experts, including those from Poland, the Russian Federation, Serbia, and others. In addition to academic contributions, this Collection also includes scientific and professional articles authored by legal practitioners, especially lawyers, notaries, and judges—not only from our own jurisdiction, but also judges from the General Court of the European Union. Contributions from professionals in the field of banking have also enriched this Collection. Moreover, the Collection provides space for aspiring scholars in the field of legal science, thereby combining timelessness with dynamism.

Given the diversity of the published contributions, it can be said that this Collection represents a connection between theory and practice, private and public law, as well as various branches of law. Nevertheless, the content of this Collection aligns with and reflects the central theme of the international symposium, namely: "CORPORATIONS – CONTRACTS – CODIFICATIONS – CONTEXTS." The individual sections of the Collection are interconnected and create a coherent whole, subsumed under a publication characterized by unity.

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Jana Dráčová a kol.

Komentár zákona o katastri nehnuteľnosti a zápise vlastníckych a iných práv k nehnuteľnostiam, teda katastrálneho zákona, platného v Slovenskej republike je doplnený komentárom o porovnateľnej právnej úprave platnej v Českej republike. Tento komparatistický prístup umožňuje čitateľovi rozšíriť si znalosti z pozemkového práva o českú právnu úpravu a umožňuje aj dôslednejšie pochopenie a výklad jednotlivých právnych inštitútov upravených v platnom katastrálnom zákone. Pri jednotlivých ustanoveniach sú uvedené judikáty a to ako zo súdov v Slovenskej republike tak aj z Českej republiky. Na viacerých miestach je komentár doplnený o názory Úradu geodézie, kartografie a katastra SR uverejnené v Bulletine, ktorý tento úrad vydáva. Publikácia obsahuje aj vyhlášku, ktorou sa vykonáva katastrálny zákon a vyhlášku, ktorou sa vydáva Spravovací poriadok pre katastrálne úrady a správy katastra. V závere je uvedený stručný výklad o nadobúdaní vlastníckeho práva v Maďarsku.

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Žofia Mrázová -  Natália Kalinák (eds.)

The Department of Commercial Law and Economic Law in cooperation with the Department of Labour Law and Social Security Law and the Department of International Law and European Law of the Faculty of Law of the University of Applied Sciences in Košice organized the IXth annual student symposium, this time on commercial, labour and private international law. The student symposium under the title Decision-making practice of judicial authorities in private law took place on 29 November 2024 at the premises of the Faculty of Law of UPJŠ in Košice. The symposium was prepared within the framework of the scientific projects APVV-23-0331 “Integration of the Capital Markets Union: change of corporate financing and rescue of companies in financial difficulties” and APVV-21-0336 “Analysis of judicial decisions by artificial intelligence methods.”

This year was exceptional in that the organizers of the event decided to change the usual concept of preparing and presenting a professional article on a chosen topic. This time the students chose interesting decisions of the Supreme Court, the Constitutional Court or the Court of Justice of the European Union. They concentrated on working with one particular decision, which they analysed in detail and drafted a gloss - an expert explanation or commentary on the chosen decision. Their task consisted of a brief presentation of the facts, identification of the legal questions that the judicial authorities sought to answer, a legal analysis of the problem addressed, and an assessment of the significance of the decision for the practice of application. In their analyses, the students dealt with topical issues such as the joint action of a proxy and a member of the body, the consequences of a breach of the pre-emptive right, or the repugnancy of an agreement on the division of the community of property of the spouses. In employment law, decisions were presented concerning the right of the father of a child to a breastfeeding break or the wearing of symbols at work. In the section on private international law, the case law on cross-border relocation of the seat as well as on the choice of international jurisdiction of the courts was analysed.

The present proceedings consist of written outputs of students from this event. We are delighted that the students again this year approached their task with enthusiasm and conscientiousness. Finally, our sincere thanks go to all those who contributed to the success of the symposium.

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Ján Husár - Kristián Csach (eds.)

The collection contains contributions presented at the international conference held on April 1^st - 3^rd 2014 in Smolenice, organized by Pavol Jozef Šafárik University in Košice in cooperation with the Institute of State and Law of the Slovak Academy of Sciences and the Institute of State and Law of the Czech Academy of Sciences. Authors are high-profile Slovak and Czech scholars in the field of private law and company law, as well as representatives of new generation of young researchers. Contributions focus on contemporary issues in the field of company law, in particular theoretical basis of corporations, groups of companies, doctrine of abuse of rights, reflective loss and new tendencies in corporate law in foreign legal orders. The first part of the contributions presented at the conference have been already published in the special issue of the theoretical magazine Právny Obzor n. 4/2014. 

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Erik Štenpien (ed.)

Proceedings from the international scientific conference held on September 26-27, 2014 at the Faculty of Law, UPJŠ in Košice

Nowadays, in the modern 21st century, we have a much more complex society than the ancient one. It requires legal regulation of various types of purchase contracts, where although the basic feature remains, it needs to be specified further, and the simple sentence 'I sell, you buy' needs to be supplemented with conditions 'how, where, when, under what conditions?' This is the task of modern civil law. The current recodification of civil law has already taken place in some European countries, and it is currently underway in our country. Therefore, it is important to meet at conferences with colleagues from these countries and exchange knowledge, to discuss their experiences, avoid the bad, and accept or adjust the good according to our conditions.

This proceedings is the output publication from the conference held on September 26-27, 2014 in Košice. It was the second conference with the participation of the most prominent legal Romanists, legal historians, and civilists from home and abroad. The proceedings is the result of unique cooperation among experts from various fields of legal science. I believe that the published outputs will help to understand the institute of purchase contracts from all its aspects and will become an inspiration for both experts and laypeople.

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Žofia Šuleková (ed.)

Proceedings of the Contributions from the IV. Student Symposium on Corporate Law held on November 24-25, 2016, at the Training Facility of Pavol Jozef Šafárik University in Danišovce.

The Department of Commercial Law and Economic Law at the Faculty of Law of Pavol Jozef Šafárik University in Košice organized the fourth edition of the student symposium, this time focusing on corporate law.

The event took place on November 24-25, 2016, at the training facility of Pavol Jozef Šafárik University in Danišovce. The aim of the annually organized symposiums is to create a discussion platform for students with the participation of mentors from the department, including teachers, researchers, and doctoral students. This year’s symposium focused on problematic issues related to the legal status of a partner in a commercial company. The topics were assigned to allow students to demonstrate and develop their analytical and argumentative skills while improving their ability to present and formulate their own views and perspectives.

The presented proceedings are the outcome of the students' work from this event.

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Jozef Suchoža - Ján Husár - Regina Hučková

In 2020 and 2021, the tradition of holding the Law – Business – Economics conference was exceptionally interrupted due to the unprecedented situation associated with the spread of Covid-19. This year, the situation allows us to restore the tradition of our Tatra conference and, after two years, to once again meet in person with our traditional domestic and international participants. At the same time, we look forward to welcoming participants who are attending our conference for the first time (and we hope it will not be the last).

You are holding in your hands the proceedings of scientific papers, published in connection with the implementation of scientific projects at the scientific workplace – the Department of Commercial and Economic Law, as the main organizer of the scientific conference, as well as at other departments of the Faculty of Law at UPJŠ and at many academic institutions both at home and abroad. The proceedings are published with the support of the Slovak Research and Development Agency. The editors would like to thank everyone who contributed their scientific articles, as well as the reviewers for their valuable comments and recommendations.

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Žofia Mrázová (ed.)

Proceedings of Contributions from the V. Student Symposium on Commercial Law

The proceedings are the result of student works presented at the fifth annual student symposium organized by the Department of Commercial Law and Economic Law, Faculty of Law, UPJŠ in Košice, which took place on November 30 – December 1, 2017, at the UPJŠ educational and training facility in Danišovce.

This year’s symposium focused on problematic issues related to creditor rights protection in commercial contractual relationships.

The purpose of these annually organized symposia is to provide students with a platform to present their own opinions and improve their analytical and argumentation skills.

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Jozef Čorba(ed.)

Collection of Contributions from the Conference

On June 11–12, 2015, the Department of Commercial Law and Economic Law at the Faculty of Law, P. J. Šafárik University in Košice, organized the 13th meeting of the departments of commercial law from the law faculties of Czech and Slovak universities. This event further demonstrates that the idea of an annual gathering of representatives from these departments, initiated by Professor Bejček of the Faculty of Law at Masaryk University in Brno, has taken root and is likely to continue. Not only to preserve the tradition but primarily for the benefit of such meetings and the interest of participants to meet regularly.

A traditional part of these meetings, besides the exchange of knowledge and information about the teaching process and experience sharing, is a scientific conference focused on current issues in commercial law. This year’s conference was held under the title Slovak and Czech Commercial Law in 2015 – Selected Problems. A total of 17 contributions from various departments were included in the conference proceedings, divided into three thematic areas. The first group of contributions addresses selected issues related to the legal regulation of commercial companies and its practical implementation. The second group focuses on arbitration and insolvency law.

The third group includes contributions on the interpretation of the amended regulation of interest on late payments in commercial obligations, problems related to the application of this regulation, and issues concerning the interpretation of legal acts contained in the new Czech Civil Code. An additional part features an informational contribution on the development of Slovenian commercial law and its current form.

Ján Husár, Kristián Csach

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Kristián Csach - Dušan Rostáš (eds.)

Proceedings of the 2nd Student Symposium on Company Law In November 2014

The second annual Student Symposium on Commercial Law—more specifically, on Company Law—was held at the university’s facility in Danišovce. As in the previous year, the aim of the symposium was to provide students with a greater opportunity to articulate their own perspectives on current legal issues and to present the results of their individual work.

The theme of the second symposium focused on the governing bodies of commercial companies, aligning it thematically with the APVV research project being carried out by members of the Department of Commercial and Economic Law at our Faculty of Law. This overarching topic made it possible to assign a range of current legal issues, allowing students to explore problems they are likely to encounter in their future professional practice. The selected topics are not among those unanimously settled by legal doctrine or established case law.

On the contrary, they were deliberately chosen for their complexity and the lack of sufficient domestic literature. As a result, students had to go beyond standard textbook or commentary-based knowledge to thoroughly address their assigned topics.

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