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O v e č k o v á
O v e č k o v á, O.: The relationship
between civil law and commercial law from the aspect of legal regulation of the
consumer protection.
Právny obzor, 100, 2017, č. 1,
s. 67 – 81.
Abstract. The article analyzes this issue from the
perspective of the liability relations. The division itself of legal regulation
in the area of liability relations between two codes (Civil Code and Commercial
Code) generates many problems. In the last years these relations were most
significantly influenced by legal regulation of the consumer protection, which
substantially intervened into the Commercial Code and redefined its scope. The
article points out to multiple issues of fundamental importance, which are
reflected in the following areas: the relation between the Civil Code and the
Commercial Code; modification of selection of the Commercial Code by agreement
of the parties; acceptability of the fiction that provisions of the Civil Code
are always more favourable for the consumer. In the period of high fragmentation
and variability of legal provisions it underlines the need to pay attention to
the quality of their content and the method of their integration into the system
of law, including the area of consumer law. All this considerably influences the
interpretation and application of legal norms and their observance.
Key words: consumer,
Civil Code, Commercial Code, commercial relation, liability relation
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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