Specific features of legal acts taken (not only by juristic persons) in procedural law.

DVOŘÁK, Bohumil. Specific features of legal acts taken (not only by juristic persons) in procedural law. In Beran, Karel; Čech, Petr; Dvořák, Bohumil; Elischer, David; Hrádek, Jiří; Janeček, Václav; Kühn, Zdeněk; Ondřejek, Pavel. Artificial legal entities : essays on legal agency and liability. Praha, Varšava, Bratislava, Budapešť: Wolters Kluwer, 2018, s. 93-113, 20 s. ISBN 978-80-7598-082-3.

Základní údaje

• Originální název: Specific features of legal acts taken (not only by juristic persons) in procedural law.
• Název anglicky: Specific features of legal acts taken (not only by juristic persons) in procedural law.
• Autoři: DVOŘÁK, Bohumil.
• Vydání: Praha, Varšava, Bratislava, Budapešť, Artificial legal entities : essays on legal agency and liability, od s. 93-113, 20 s. 2018.
• Nakladatel: Wolters Kluwer

Další údaje

• Typ výsledku: Kapitola resp. kapitoly v odborné knize
• Utajení: není předmětem státního či obchodního tajemství
• Forma vydání: tištěná verze "print"
• WWW: URL
• ISBN: 978-80-7598-082-3
• Klíčová slova česky: právní jednání, právnické osoby, právní odpovědnost
• Klíčová slova anglicky: juristic person, artificial legal entity, legal agency, liability, legal act, legal conduct, representatives of a juristic person, fault-based liability, no-fault liability
• Štítky: právnické osoby, právní jednání, právní odpovědnost
• Příznaky: Mezinárodní význam, Recenzováno

Anotace

The monograph entitled "Artificial Legal Entities: Essays on Legal Agency and Liability" aims to answer the question of how juristic persons can perform legal acts (i.e. engage in legal conduct) and in what way they can potentially become legally liable (not only for their conduct). This is reflected in the structure of the monograph. Attention is first turned to the concept of a juristic person and the legal acts it makes from the viewpoint of the general legal doctrine, which then informs the view under constitutional law. Only then are legal acts analysed in terms of the law currently applicable in the Czech Republic, which conceives the bodies of a juristic person as its representatives. However, legal conduct comprises not only substantive, but also procedural acts within civil court proceedings, where the latter show significant deviations from the former and thus require separate considerations. The last group of issues pertain to liability (or responsibility) of a juristic person. Once a general explanation has been provided in terms of the juristic persons' capacity to bear liability, an answer can be sought to the question of what can be imputed to such persons on the grounds of "no-fault" and "fault-based" liability. Following the traditional concept of private-law liability of juristic persons, the monograph also introduces an alternative approach to legal liability (responsibility) of juristic persons based on the notion of "vicarious liability". The section dealing with liability then concludes with a chapter on juristic persons' liability for administrative offences. This structure and scheme of individual chapters is also reflected in their contents.

Anotace anglicky

The monograph entitled "Artificial Legal Entities: Essays on Legal Agency and Liability" aims to answer the question of how juristic persons can perform legal acts (i.e. engage in legal conduct) and in what way they can potentially become legally liable (not only for their conduct). This is reflected in the structure of the monograph. Attention is first turned to the concept of a juristic person and the legal acts it makes from the viewpoint of the general legal doctrine, which then informs the view under constitutional law. Only then are legal acts analysed in terms of the law currently applicable in the Czech Republic, which conceives the bodies of a juristic person as its representatives. However, legal conduct comprises not only substantive, but also procedural acts within civil court proceedings, where the latter show significant deviations from the former and thus require separate considerations. The last group of issues pertain to liability (or responsibility) of a juristic person. Once a general explanation has been provided in terms of the juristic persons' capacity to bear liability, an answer can be sought to the question of what can be imputed to such persons on the grounds of "no-fault" and "fault-based" liability. Following the traditional concept of private-law liability of juristic persons, the monograph also introduces an alternative approach to legal liability (responsibility) of juristic persons based on the notion of "vicarious liability". The section dealing with liability then concludes with a chapter on juristic persons' liability for administrative offences. This structure and scheme of individual chapters is also reflected in their contents.