Kodifikace českého soukromého práva, zejména ve vztahu k úpravě obchodních vztahů

The Civil Law codification certainly is of utmost importance, however, its conception has been insufficiently prepared. It was the intended subject-matter of the Civil Code that was full of compromises and has ty ideas. Yet at the time of its publication, the possibility still existed that further work might clarify, elaborate and strengthen the conception, giving thus the proposal a firm shape and, consequently, a material fit for further use could have been accomplished. The general part of the Civil Code as arranged according to sections is, in its wording, in a loose relation to all models employed. This results in inconsiderate, inaccurate, and unclear formulations, which might produce never ending problems of interpretation. This aspect of the text combined with terminological and conceptual adventures would result in disintegration of terminology of the whole of the system of law on one hand, and uselessness of a substantial part of the available sources and reports on court decisions on the other hand. The fundamental defect of the conception of the published part of the Civil Code as arranged according to sections is equivocating over the tendency to take over ideas and the endeavour to include in the Code absolutely incoherent and frequently entirely unsuitable influences (especially the regulation of companies in the Commercial Code influenced by European directives and a number of quite foreign elements). The intended subject-matter of the Commercial Code has been affected by controversies as early as in the stage of its adoption while critical reflections were merely registered. As the proposal for the general part of the Civil Code shows (e.g. the provision on entrepreneurs included in the Civil Code), the authors have not accomplished the completion of the conception of the Commercial Code. What is obvious is their unwillingness to accept the idea of commercial codification, which brings them to the creation of merely a kind of waste basket deprived of any unifying conceptual framework. After the adoption of the submitted proposals, the Czech law would begin in the year zero.