K pojetí a obsahu nového obchodního zákoníku

An integral part of the recodification of private law is also the preparation of the new Commercial Code. Its conception as a special law in relation to the Civil Code should not be changed. It is the legal status of an entrepreneur that the Commercial Code should focus on. This article concentrates on those issues, which are unclear as to their inclusion in the Commercial Code or Civil Code provisions respectively. It is especially the regulation of the obligation relationships between entrepreneurs, the fundamental delimitation of the concept of an entrepreneur, the business accountancy and unfair competition regulations that are at stake. The Commercial Code should particularly regulate special legal concepts which are either exclusively or prevailingly interconnected with the entrepreneur’s position, such as the following: entrepreneur, enterprise and its organisational units, procuration, business property, business assets and the shareholders’ capital, the commercial secret, trade name, public tender and some types of contracts. Alongside the given issues the Commercial Code is to involve deviations and amendments to the general regulations in the Civil Code that are necessary for the entrepreneurs and their relationships.