Obchodné a pracovné právo: Na spoločnej vlne

E-book

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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Lucia Bakošová (ed.)

Proceedings from the XII Student Symposium on International and European Law held on March 29, 2019, in Košice

The primary goal of films or TV series is typically not to educate their audience. However, contemporary cinematography includes a significant number of works that present issues related to international and European law to both professional and general audiences.

For this reason, the Institute of International and European Law at the Faculty of Law of Pavol Jozef Šafárik University in Košice organized the XII Student Symposium on International and European Law titled "International and European Law in Cinematography," under the auspices of Professor JUDr. Ján Klučka, CSc.

The main objective of the symposium was to popularize international and European law among students through films or series. The films analyzed during the symposium could be divided into two categories: those dramatizing real events and those creating fictional scenarios incorporating aspects of international or European law. Most contributions focused on films depicting real events, such as the genocide in Rwanda in the 1990s, the Nuremberg Trials, the occupation of the U.S. Embassy in Tehran, or the legal dispute between the heir of the painting Woman in Gold and Austria. On the other hand, works like the series MASH* were also discussed; while not based on real events, it uses its narrative to portray the lives of medical personnel in a military field hospital during the Korean War.

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Michal Jesenko (editor) - Eva Mihalíková - Darina Koreňová

Public Administration and Society is a scientific journal publishing scientific academic articles, contributions to discussion and reviews having the content orientation on the theory and practice of Public Administration. The mission of the Journal is to publish significant results of the scientific scholarly researches regarding the area of public administration and related disciplines which are connected with the study profile and scientific bias of our Faculty. The Scientific Journal is issued in electronic version.

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Erik Štenpien - Ivan Svatuška (eds.)

The Collection of scientific Contributions of the International scientific conference: 100 Years of Treaty of Trianon – Diplomacy, State and Law on the Turn of the Century.

The presented publication is the first of a series of proceedings published within the solution of the grant APVV-19-0419. The conference took place from 14 to 15 October 2021 with the participation of experts from Slovakia, Hungary and Poland. The ambition of the research team, composed of legal historians and positive lawyers from three countries, is to provide a comprehensive, unbiased view of the peace negotiations that resulted in the Treaty of Trianon with Hungary. The conference, the result of which is the presented collection, was devoted to the causes of possible disputes in Europe - focusing on diplomacy and constitutional development of Central European countries at the turn of the 19th and 20th centuries, ie in the period immediately preceding the outbreak of World War I.

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Sergej Romža - Martin Štrkolec - Bronislava Vinerová

Proceedings of Scientific Papers from the Nationwide Interdisciplinary Scientific Conference with International Participation held on June 21–22, 2023, organized by the Department of Criminal Law, Faculty of Law, Pavol Jozef Šafárik University in Košice.

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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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Terézia Hišemová - Darina 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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Milena Barinková (ed.)

The complex of legal norms protecting work, ensuring safety and health protection at work, is very broad in scope, extending beyond the Labour Code to include other specific legal regulations, collective agreements, executive legal regulations, and internal corporate normative acts.

Health protection of employees from hazardous workplace influences is a central requirement stemming from fundamental human rights guaranteed by the Constitution of the Slovak Republic. To ensure its universal enforcement across all employers in both private and public sectors, strict regulation through cogent norms is fully justified. The European Commission’s Communication to the European Parliament, Council, European Economic and Social Committee, and Committee of the Regions on the EU Strategic Framework on Health and Safety at Work 2014–2020 (COM(2014) 332 final) addresses the need to account for labor market changes arising from demographic shifts, aging populations, and technological advancements.

Work pace demands are intensifying, and all age categories of employees must adapt to new technologies, organizational changes, and evolving job structures. This increases requirements for maintaining health fitness throughout entire professional careers. Mental health fitness, which receives insufficient specific attention, is an inherent part of health fitness requirements. Prevention plays a critical role in mental health protection.

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Dominik Šoltys

The scientific monograph The H(andb)ook of Legal Feminism: The Concept, Nature, Features, Development and Forms of Legal Feminism presents for the first time the issue of legal feminism in Slovak jurisprudence in such a comprehensive way. Author analyzes legal feminism as a distinctive movement of legal philosophy and legal theory. He places legal feminism in the broader framework of general feminism.

The internal ideological and developmental diversity of legal feminism brings the author´s examinations before the effort to systematize according to ideological and theoretical similarities or differences with emphasize to the development of feminism in different waves. In this regarding, author presents various forms of feminism and legal feminism, including their most important representatives. The increased view of the monograph deals with contemporary Anglo-American feminism since the end of the 1960s till the present, i.e., the period from which legal feminism emerged as a conceptual and critical movement of legal thinking.

Author analyzes the critical view of legal feminism on law and current legal policy. He specifies abstract and basic theoretical features of the feminist jurisprudence. In this regard, the author pays attention to important concepts, categories, ideological assumptions, or methodological and methodological frame of feminist legal science. In addition to providing a comprehensive overview of the development of diverse forms of legal feminism the monograph also focuses on the normative side of feminist theory of law, which challenges the modern jurisprudence in elimination of gender and gender as legally relevant criteria.

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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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Sergej Romža a kolektív

OBSAH:

1 HISTORICKO-PRÁVNE ASPEKTY
2 KOMPARATÍVNE ASPEKTY
3 JURISTICKÉ ASPEKTY
4 KRIMINOLOGICKÉ ASPEKTY
5 PENOLOGICKÉ ASPEKTY
6 VIKTIMOLOGICKÉ ASPEKTY
7 ORGANIZAČNO TECHNICKÉ ASPEKTY

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Monika Minčičová - Marcel Dolobáč - Jana Žuľová (eds.)

Peer-reviewed proceedings of the scientific conference

Health determines an individual's life in all activities and interests, including the possibility and ability to work. Work and health are in the mutual interaction. Work leads to social inclusion, financial self-sufficiency, finding confirmation of one's own usefulness or achieving personal ambitions. Work can have therapeutic effects, but at the same time it can have an adverse effect on health.

Overlapping factors of work environment, alone or in combination with non-work influences, can lead to illnesses that temporarily or permanently exclude an employee from his or her profession. For these reasons, health enjoys fundamental legal protection as one of the most important values, not only in labour relations.

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Erik Štenpien  - Lucia Pištejová - Ivan Svatuška

The presented publication is the proceedings of the international conference held on 29.-30. September 2022 in Košice as an output of the grant project APVV-19-0419.

The ambition of the project is to try to reconcile legal and general historians from Slovakia and Hungary in the difficult topic of looking at the Treaty of Trianon from 1920. The conference, held on 29.-30. September 2022 was the third in a series of conferences that for the purpose of assisting in the achievement of said goal. It was attended by legal historians and positive lawyers from several Central European countries. So let the collection serve as another step towards understanding between nations.

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Ján Klučka - Ľudmila Elbert

The present monograph "Regionalism and its Contribution to General International Law" was written at the Institute of European Law and Department of International Law, Faculty of Law, Pavol Jozef Safarik University in Kosice, as a part of the project (APVV-O823-11) carried out in 2011-2015, representing one of its final publication utputs. 

The main reason for choosing the topic was to evaluate regionalism in its various relationships and forms with respect to international law, and also to evaluate the place,importance and duties of international law in respect to the establishment and functioning of various forms of regionalgroups.

It is a fact that even though a lot of attention has been paid to regionalism, a more complex evaluation of the impact it has had on international law, and vice versa, is still lacking. The efforts of the present monograph are to partially eliminate this gap.

After giving a brief insight into how regionalism has developed, its content and terminology, the monograph studies in more details individual types of regionalism in the form of old and new regionalism, as well as treaty and institutional regionalism; its specifications and contributions to the international law.

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Alexander Bröstl - Marta Breichová Lapčáková - Martin Štrkolec (eds.)

Collection of scientific papers by doctoral students.

Thematically, the contributions are diverse: they feature fundamental principles in public law (basic principles of criminal proceedings, the principle of contradiction, basic principles of constitutional court proceedings, basic principles in private law and procedural law (superficies solo cedit), the principle of civil court proceedings in deciding labor disputes, equality of participants and the duty to instruct, objection of bias in light of the right to an impartial court, the principle of speed and the principle of economy in the decision-making activities of general courts, basic principles in legal theory and international law (general legal principles recognized by civilized nations), coexistence of the principle of equality and the principle of non-discrimination in the legal order of the European Union, argumentation through the principle of rule of law in the decision-making activities of courts, the impact of fundamental principles on the interpretation of legal norms.

It is important that the authors, i.e., doctoral students from law faculties in the Czech Republic and the Slovak Republic, almost unanimously examine these principles in the process of application (interpretation) of law, from the perspective of how legal (primarily judicial) practice deals with them. This should be fundamentally welcomed and appreciated.

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Milan Sudzina, Renata Świrgoń-Skok, Wojciech J. Kosior

Given the importance of the ownership right, the aim of this monograph is to provide an analysis, a clear systematic interpretation and an evaluation of the above issue, not only from the theoretical point of view, but also from the point of view of legal practice. The protection of ownership relations is ensured in various ways. It is judicial protection, protection provided by local self-government authorities, self-help, public registration of real property and other instruments of administrative and criminal law. In connection with the transformation of legislation in Slovakia and Poland after the fall of the socialist regime, there have been many changes in the legislation of both countries concerning the protection of ownership rights. A number of private law institutions related to the ownership of real property, the use of which was impossible or limited during the socialist period, have been restored. Legislation has also been adopted to alleviate the consequences of certain property and other injustices caused by the deprivation of ownership of real property during the socialist period. The adoption of restitution legislation was the basis for restoring the ownership rights of the original owners, who were allowed to get back their real property that had been used by socialist organisations. After the end of the socialist regime, the various forms of ownership, which until then had favoured the state ownership, were abolished. Changes were made to ensure that the ownership rights of all owners had the same content and enjoyed the same legal protection. The monograph is structured in such a way as to enable a comparison of individual institutions of rights in rem under Polish and Slovak law. The monograph also analyses the relevant decision-making practice of the supreme judicial authorities. The scientific methods applied enabled the authors not only to analyse and evaluate the historical context and the current legal regulation of ownership rights in Poland and Slovakia, but also to point out possible gaps and shortcomings and to elaborate de lege ferenda proposals that can be used in future legislative activity.

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