Otázky promlčení ve smluvním obchodním právu
| Title in English | Question of Prescription in Contractual Commercial Law |
|---|---|
| Authors | |
| Year of publication | 2011 |
| Type | Article in Periodical |
| Magazine / Source | Státní zastupitelství |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | contractual commercial law; prescription; Commercial Code; Civil Code |
| Description | First part of the article deals with a prescription in commercial contractual relations. We can find a legal adjustment in the mandatory provisions § 387 - § 408 of the Commercial Code. We deal with a general prescription period and with a special prescription period, which could be given not only by the Commercial, but also by another code. Further, we discuss a possibility of a prolongation, a beginning of the prescription period or so-called interrupt of prescription. An endmost moment for the prescription period is 10 years from the day, when it began to run for the first time. In questions of prescription there is still a lot to discuss. Second part of the article reacts to the practical discussion about the possible utilization of the Civil Code in the commercial-legal relations. Thus in our analysed topic – in commercial contractual relations – we can use § 107 par 1 and 2 of the Civil Code. Final part of the article deals with the utilization of § 107 par 3 of the Civil Code in commercial contractual relations. We come to conclusion that it is proper to use it. |
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