Evropský kontext úpravy společností v novém obchodním zákonu

In the process of recodifying the Czech company law, only an insufficient attention is being paid to the larger European context. This circumstance might result in serious deficiencies of the final proposal of the new Commercial Act. As a future EU Member State, the Czech Republic cannot afford to ignore the sometimes radical corporate law reform undertaken in both national jurisdictions of the other Member States, and the EC law itself. After the break-through decisions of the ECJ in the Centros and most recently in the Ueberseering Cases and with other instruments opening the gates for corporate migration and mobility throughout the Single Market (such as the Statute for the Societas Europaea), national legislators must endeavour to produce a modern set of corporate rules, capable of competing with those of the other Member States. The purpose of the article is to analyse some of the main motives and projects of the pan-european corporate law reform and to draw the attention of the authors of the new Commercial Act as well as that of the professional public to selected modem approaches and trends in company law development, which are to be taken into account, should a massive future corporate exodus from the territory of the Czech Republic be successfully prevented.