Koncepce obchodního práva v nové soukromoprávní kodifikaci

Abstract

This article seeks to create a new concept of Czech business law with reference to the new civil law codification. This unified codification does not abolish business law as a discipline. From one point of view it opens new, unlimited possibilities compared to the former commercial code. In 1991, this code defined a new notion of a commercial obligation relationship, which neither corresponded to the tradition of the 1863 commercial code, nor other European commercial codes. It is now possible to define commercial obligation as unilateral or bilateral. On the other side the new unified civil code brings with it the necessity to create the business law concept by extracting commercial notions from this code, where these rules are dispersed. One can conclude that our business law is defined by three basic notions: the businessman, the undertaking and the business contract. The definition of businessman is now clearer because it is, in essence, created from private law characteristics. However, concerning the notion of undertaking, there is an important mistake in the legal definition as debts are named as part of an undertaking. Some of the general rules of obligation are applicable only in commercial relationships, but to find purely commercial contracts, it is, in some cases, necessary to make an interpretation, which may prove difficult.