LAW – COMMERCE – ECONOMY XII.

E-book

Jozef Suchoža - Ján Husár - Regina Hučková

The Proceedings of the International Scientific Symposium "LA W-BUSINESS-ECONOMICS XII" is a collection of scientific works by authors participating in the symposium of the same name. The publication focuses primarily on the area of representation in private law, related pai1ies in corporate and bankruptcy law, and current issues of legal regulation of artificial intelligence.

The authors of indivídua! contributions are erudite experts from various branches of law. The collection of scientific papers is a complete work in the form of a collection, with an overlap into private and public law sectors.

Readers are presented with scientific outputs from authors from the Slovak legal environment, as well as from foreign authors. Several authors' paper provide a European legal perspective or an international comparative perspective.

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8-80-574-0247-3

Data sheet

Method of publication:
E-book (pdf)
Editors:
Jozef Suchoža - Ján Husár - Regina Hučková
Document type:
Proceedings of scientific works
Available from:
1. 12. 2023
Year of publication:
2023
Edition:
1st edition
Publication language:
slovenčina, angličtina
Faculty:
Faculty of Law
Note:
Zborník bol vydaný v rámci riešenia grantových úloh APVV-17-0561 “Ľudskoprávne a etické aspekty kybernetickej spoločnosti”, APVV-19-0424 „Inovatívna obchodná spoločnosť: vnútrokorporátne premeny, digitálne výzvy a nástup umelej inteligencie“
a APVV-21-0336 „Analýza súdnych rozhodnutí metódami umelej inteligencie“.
License:
CC BY NC ND (Uveďte autora - Nepoužívajte komerčne - Nespracovávajte)
DOI:
https://doi.org/10.33542/POE-0247-3
- Free for download

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The loan or usury? Compulsory enforcement of judgment - roman and law foundations and problems of application practice

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Terézia HišemováDarina Kmecová (eds.)

Reviewed proceedings of scientific papers of Conference of Slovak and Czech law romanists, which take place at May, 10.-11.5.2018, at Faculty of Law, UPJŠ in Košice.

The submitted reviewed proceeding of scientific papers on „The loan or usury? Compulsory enforcement of roman - law basics and problems of application practice.”  is prepared within the solution of the grant project VEGA on: „The loan or usury? Compulsory enforcement of historical - law basics and problems of application practice.”, no. p. 1/0198/17.

The authors of papers are important personalities of Roman law working in the Slovak and Czech Republic, as well as PhD students and young scientists from Slovak and foreign universities who are active in the academic environment as well as in legal practice. The main goal of the editors is to help improve the current legal situation, which is assessed as unsatisfactory, and through a historical excursion of the development of the loan institute and then the forced execution of the decision, to create de lege ferenda proposals considering all areas of research.

The Proceedings trace the interrelationships between the substantive law institute in terms of the Roman law of contractus unilaterales - mutuum in its various types, often realized by the attachment of high interest rates, which bordered on the insurrection and the procedural law of individual lawsuits enforced in the legislative, formular and cognitive process. If there was no possibility to impose certain behaviour on the obligated person (the debtor, the sentenced person), then the declared general obligation to enforce the legal norms was only a legal term. It has always been the case that every internally well-organized state, whether antique or present, has to use power tools - often with the use of gross violence - but within the limits of the law, to promote what it has declared valid law. It must protect creditors on the one hand, but it must also prevent self-help and the use of illegal, unjustified and disproportionate violence.

The loan contract as a real contract has often become an integral part and relatively the most frequent reason leading to the compulsory enforcement, especially when contracting parties often agree on the connection of interest - sometimes within the legal limit, sometimes exceeding the legal framework - and in this way the potential future creditor (the plaintiff) significantly increased the insolvency risk of the debtor (the defendant, the sentenced) and of the subsequent execution. The pronounced and deepening social stratification of the Roman population and the secondary depreciation effort, the cancellation of the debts of the poor part of the population logically culminated in social unrest and revolt against the enforcement of the enforcement law.

The proceedings capture not only the rich scientific discussion of Slovak and Czech legal Romanists, but also the opinions, experience and knowledge of experts on contemporary law dealing with this type of issues. As a result, it provides a unique interdisciplinary view of the subject and raises many stimulus points for future research. This work proves that the problems encountered by the various representatives of the Roman jurisprudence and their legal and theoretical bases and solutions are undoubtedly useful and serve as a guideline also for solving legal issues in the field of modern enforcement proceedings.

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PRÁVO – OBCHOD – EKONOMIKA XI.

PRÁVO – OBCHOD – EKONOMIKA XI.

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E-book

Jozef SuchožaJán HusárRegina 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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