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ZAVADOVÁ, D.: General clause of
unfair commercial practices and practices unfair under the general clause –
another normative pig in a poke?
Právny obzor, 100, 2017, č. 4,
s. 412 – 428.
Abstract. The legal regulation on general clause of
unfair commercial practices provides fundamental elements by using uncertain and
flexibile language. That specific qualities not only of this norm allow organs
of law application to interpret it in consideration of circumstances in every
single case. In this paper, the author deals with lack of interpretation of
cumulative requirements on which the general clause on unfair commercial
pracitces is based. Pursuant to presented combination of national and european
interpretation the paper focuses on the decisions, mostly on the national ones,
in where this combination was lacking. In the author´s opinion, the solution can
be found not only in the proper interpretation but also in creating an
indicative list of practices unfair under general clause which might help to
ensure the legal certainty and may serve as the first step to uniforming its
intepretation.
Key words: general
clause on unfair commercial practices, professional diligence, material
distortion of economic behaviour, practices unfair under general clause
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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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