Problematika nepomenovaných zmlúv v občianskom práve a ich uzatváranie s pohľadom de lege ferenda

One of the key branches of private law is the law of contractual obligations. In addition to innominate contracts, which are most often used in practice, a category of innominate contracts and a special category was created, the category of so-called mixed contracts. In practice, innominate contracts are a tool frequently used to anchor contractual relationships in all spheres of life. The institution of innominate contracts is not a new one; it is based on the principle of dispositional autonomy, which is known to have already existed in ancient Roman law. In the Slovak Republic, there are two codes, one specifically regulating civil law and the other regulating commercial law. Civil law in the Slovak Republic is regulated in the Civil Code, which regulates the natural persons’ mutual rights and obligations. In contrast, commercial law, which is regulated separately in the Commercial Code, regulates the mutual rights and obligations of legal persons, and the rights and obligations that exist between natural persons and legal persons. This means that the institution of innominate contracts is found in the Slovak Republic not only in civil law but also in commercial law, i.e., in two legal codes, when the subjects of obligation-law relations are dependent on the use of analogy-based legal reasoning due to the absence of contractual types when regulating the rights and obligations of the various subjects of their obligations.

Authors

Publication Details

Journal
AUC IURIDICA
Published
2024-09-10
DOI
https://doi.org/10.14712/23366478.2024.145
Citations
1
Primary Topic
European Criminal Justice and Data Protection
Type
article
Field-Weighted Citation Impact
2.23
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article

Problematika nepomenovaných zmlúv v občianskom práve a ich uzatváranie s pohľadom de lege ferenda

Erika Dubajová Javúreková
1 citations
AUC IURIDICA
European Criminal Justice and Data Protection
2.23
article

Problematika nepomenovaných zmlúv v občianskom práve a ich uzatváranie s pohľadom de lege ferenda

Erika Dubajová Javúreková
article en
1 citations

Abstract

One of the key branches of private law is the law of contractual obligations. In addition to innominate contracts, which are most often used in practice, a category of innominate contracts and a special category was created, the category of so-called mixed contracts. In practice, innominate contracts are a tool frequently used to anchor contractual relationships in all spheres of life. The institution of innominate contracts is not a new one; it is based on the principle of dispositional autonomy, which is known to have already existed in ancient Roman law. In the Slovak Republic, there are two codes, one specifically regulating civil law and the other regulating commercial law. Civil law in the Slovak Republic is regulated in the Civil Code, which regulates the natural persons’ mutual rights and obligations. In contrast, commercial law, which is regulated separately in the Commercial Code, regulates the mutual rights and obligations of legal persons, and the rights and obligations that exist between natural persons and legal persons. This means that the institution of innominate contracts is found in the Slovak Republic not only in civil law but also in commercial law, i.e., in two legal codes, when the subjects of obligation-law relations are dependent on the use of analogy-based legal reasoning due to the absence of contractual types when regulating the rights and obligations of the various subjects of their obligations.

AUC IURIDICAVol. 70(3)
Openalex Percentile: Top 11%
European Criminal Justice and Data Protection
2.23
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