Private Law, Legal Capacity & Guardianship
Extent of the Voting Rights of Legal Persons Governed by Private Law...
Civil Code; cooperatives; legal persons governed by private law; voting rights
The rules relating to organizational structure and operation of legal persons governed by private law can be found among general rules pertaining to all legal persons and specific norms for various types of legal persons in the Book Three of Act V of 2013 on the Civil Code. The voting rights have an impact on the operation and management of the forms of association. One of the aims of this presentation is to draw up the similarities and distinctions between the different kinds of legal persons, in particular cooperatives. In the case of cooperatives the principle of „one member-one vote” is a key pillar of the basic cooperative principle „democratic member control”. This presentation is also undertaken to show, how this cooperative principle appears in legislation, concerning the legal norms on the European Cooperative Society (SCE) and some national legislation in the EU, too.
NAGY, ERIKA
Adaptation of Rights in Rem According to the EU Regulation on Matrimonial Property Regimes
Adaptation; adaptation of rights in rem; matrimonial property regimes; matrimonial property regulation; succession regulation
In June 2016 the Regulation (EU) 2016/1103 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes has been adopted. According to its Preamble, the Regulation should not affect the limited number of rights in rem (the numerus clausus principle) known in the national law of the particular Member State. Nevertheless, the spouses should be allowed to enjoy in another Member State the rights which have been created or transferred to them as a result of the matrimonial property regime. Therefore, Article 29 of the Regulation provides for the adaptation of an unknown property right to the closest equivalent right under the law of that other Member State. The aim of this contribution is to describe the concept of adaptation and analyse how adaptation of rights in rem can be used in the context of matrimonial property regimes.
ZAVADILOVÁ, LUCIE
The Invalidity and the Non-Existence of Collective Bargaining Agreements in the Scope of...
Collective agreements, invalidity, non-existent contract, labor law
The biggest innovation of the new Act I of 2012 on the Labor Code of Hungary (LC) was that opposed to its predecessor, as a principle it allows collective agreements and individual labor contracts to regulate the content of work differently from what is stipulated by the Labor Code. The goal of the new LC was to increase the role and efficiency of collective bargaining agreements by promoting flexible collective autonomy to the employer and the trade unions, that means the freedom of the participants of the labor market to regulate their relationship through bargaining agreements adjusting to their (financial, social) needs. The collective bargaining agreements (CBA) constitute an extraordinary legal institution with both contract law and public(labor) law elements. As an agreement, the collective bargaining agreement is the embodiment of the mutual will of the parties involved, the labor union and the employer, although the normative regulations of it are applicable to all the employees employed at the employer. The aim of my research is to examine the contractual features of the CBAs, especially concerning their validity/invalidity, existence/non-existence to elaborate the case law of the Hungarian courts, and to draw consequences, how the contractual rules of the Labor Code and the Civil Code of Hungary shall be interpreted.
BALOGH, ÁRON PÉTER
The Natural Law in the Czech Civil Code
Natural rights, the system of private law, civil law, moral rights, sources of law, legal principles
The article is about the anchoring of the natural law and natural rights in the new Civil Code, Law no. 89/2012 Coll., Civil Code and presents a general overview of the importance and existence of natural rights today. Czech legislature's intention stated very briefly, what is the role of the new mooring natural rights of man, a broader context, it must be interpreted in accordance with current legal theories.
MUŠÁLKOVÁ, MARTINA
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