Main Content

Issue 2016-01

SOCIETAS ET IURISPRUDENTIA – ISSUE 2016-01

FULL VERSION OF ISSUE 2016-01 (pp. 1-190, PDF, 5259 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in Slovak, PDF, 334 kB)
Editorial Board (in English, PDF, 328 kB)
Contents (pp. 9-9, in Slovak, PDF, 339 kB)
Contents (pp. 10-10, in English, PDF, 335 kB)

STUDIES

Information for Authors (pp. 171-176, in Slovak, PDF, 446 kB)
Information for Authors (pp. 177-182, in English, PDF, 438 kB)
Code of Ethics (pp. 183-186, in Slovak, PDF, 405 kB)
Code of Ethics (pp. 187-190, in English, PDF, 404 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)

Abstracts 2016-01

FULL VERSION OF ISSUE 2016-01 (pp. 1-190, PDF, 5259 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in English, PDF, 328 kB)
Contents (pp. 10-10, in English, PDF, 335 kB)

Jana Koprlová
Editorial for Spring Edition SOCIETAS ET IURISPRUDENTIA 2016 (pp. 16-20, in English, PDF, 491 kB)

STUDIES

Martin Štefko
Current Issues Concerning the Private School Principal’s Appointment according to the Law of the Czech Republic (pp. 21-41, in Slovak, PDF, 769 kB)

Abstract: This study analyses the substance of the appointment as one of two ways leading to employment relationships. The whole story is based on issues connected with employment relationship of principals in private elementary and secondary schools in the Czech Republic in order to demonstrate practical connotations of the appointment nowadays. It is more than obvious from the Czech 50-year legal tradition that the appointment has become a classical tool within the realm of labour law. Despite the recent recodifications of civil law and civil service, the appointment continued to be regulated in the Labour Code and other acts as either way to create employment relationships. For legal theory classification, the appointment consented by the future employee should be understood as a contract supported by general civil law on the principle of subsidiarity if applicable in accordance with the Labour Code.

Key Words: Labour Law; Principal; School; Atypical Employment; Appointment; the Czech Republic.

Monika Jurčová
Donation Contract – Draft of Legal Regulation (pp. 42-61, in Slovak, PDF, 728 kB)

Abstract: The current legal regulation of the donation contract in the Slovak Civil Code does not reflect the requirements of the legal praxis. The need to draft the new provision on donation has been expressed in the relevant literature. The flaws of the current regulation have been outlined in the numerous academic papers. The author enumerates the basic principles of the envisaged regulation of donation based on the thorough analysis and the comparative work. The donation contract is concluded on the basis of parties’ agreement on gratuitous enrichment of the donee out of the donor’s assets. The gratuitous character of the contract is the reason to ensure the higher level of the protection for the donor. The donor does not only give away assets without remuneration, he has also right to influence the future of the gifts provided, therefore donation sub modo should become regular part of donation contract regulation. The donation in the Slovak legal order is a contract and therefore parties have rights and obligation and they are bound by the valid contract. The loosening of the contract bond and the certain modification of this bond may be based only on the agreement of parties or on the law; the sole fact of gratuitousness may not loosen their bond. The donee is obliged to be grateful to donor and the breach of this obligation may, at some extent, give rise to the remedies. On the other hand, the remedies for non-performance must reflect the gratuitous nature of the contract and the non-conformity of the gifts and default of the donor does not entitle donee to employ the remedies in whole range; there are some restrictions, but the standard of the conformity itself has not been modified. Finally, there is a need to support the social function of donation. The author introduces the draft of new donation contract provisions that respect the above-mentioned principles and explains the core novelties in comparison to the current legal order. New features in the legal regulation of donation are represented by the modifications of contract formation and of contract validity in relation to the mistake and the abuse of the donor’s disadvantageous position. The special attention has been paid to the revocation on the basis of the donee’s ingratitude and to the donor’s right to terminate the contract before its performance due to the change of circumstances and also due to the impoverishment of the donor and its possible legal consequences.

Key Words: Donation Contract; Draft of New Regulation; Donation Principles; Revocation of Gift; Variations of Donation; the Slovak Republic.

Kristián Blaškovič
Smart Sanctions of the United Nations Security Council (pp. 62-103, in Slovak, PDF, 921 kB)

Abstract: This study deals with the topic of the United Nations Security Council’s smart sanctions. Although they are frequently applied (certainly more often than coercion with the use of armed force), considerably less attention is paid to them in domestic academic publications. Therefore, the aim of this scientific paper is to offer at least a basic overview of this type of collective sanctions in order to fill the gap. It is based on describing the so-called classical forms of sanctions and on introducing the humanitarian problems related to their application which paved the way to smart sanctions. Subsequently, a comparison of classical and smart sanctions follows. Beside legal characteristics, a comparative analysis of these two types of sanctions was one of the main research methods used in this paper. In the conclusion attention is paid to the question of effectiveness of smart sanctions; however, the study does not offer an exact answer of this specific and very difficult issue.

Key Words: United Nations Security Council; Sanctions; Smart Sanctions; Effectiveness.

Daniela Hlobíková
Statute of Limitations Related to Interests on Late Payment and to Contractual Penalty (pp. 104-121, in Slovak, PDF, 670 kB)

Abstract: The paper deals with the impact of passage of time on secondary rights arising from breach of contractual obligation to perform his or her duty duly and in time – on interests on late payment (the claim arising ex lege) and on contractual penalty (as a security institute which may secure a timely performance of a debtor). We focus on mode of statute of limitation of secondary rights and analyse the impact of statute of limitations of primary obligation on creation and limitation of the above-mentioned secondary obligations.

Key Words: Breach of Contractual Obligations; Delay; Interests on Late Payment; Contractual Penalty; Statute of Limitations; the Slovak Republic.

Ladislav Poliak
Financial Autonomy of Municipalities – Microeconomic Backgrounds (pp. 122-138, in Slovak, PDF, 882 kB)

Abstract: Financial autonomy is an important aspect of the local government existence. In the paper there is analysed a sample of the Slovak municipalities on which a modified methodology of quantification of municipal financial autonomy has been applied. The same methodology has been applied also in case of the selected European countries. The analysis shows that financial autonomy of the Slovak municipalities is decreasing since January 1st, 2005. In years 2004 – 2012, the average net financial autonomy of analysed sample reached the level of 0.154 5, the dependence on the state transfers and shared tax the level of 0.661 0, and the debt ratio the level of 0.053 4. In comparison with selected foreign countries, the Slovak municipalities reach average values.

Key Words: Financial Autonomy; Fiscal Decentralization; Local Autonomy; Local Finance; Local Taxes; Microeconomic View; Municipalities; Indebtedness; Shared Taxes; Transfers; the Slovak Republic.

Jana Koprlová
Applying the Skip Navigation Links in the Context of the Websites’ Accessibility of Central Public Administration Bodies in the Banská Bystrica Region (pp. 139-170, in English, PDF, 1927 kB)

Abstract: The study focuses in its main aim on seeking yet undetected or undefined deficits in relation to applying the skip navigation mechanism on the websites of the central public administration bodies in the Banská Bystrica Region in the context of improving the websites accessibility and it consists of two separate parts. The first part presents a basic introduction to the questions of skip navigation links, with the key attention paid to the following three main areas: applying of skip navigation links, visual hiding of skip navigation links, and web browsers’ bug related to skip navigation links. The second part of the study concentrates on the basis of analysis of applying the skip navigation links on the websites of the central public administration bodies in the Banská Bystrica Region on the processes focused on detection of potential deficits and gaps in the websites’ accessibility or related possible non-compliance with the legislation in force.

Key Words: Websites; Websites’ Accessibility; Skip Navigation Links; Public Administration; Central Public Administration Bodies; Compliance with Legislation in Force; the Banská Bystrica Region; Analysis.

Information for Authors (pp. 177-182, in English, PDF, 438 kB)
Code of Ethics (pp. 187-190, in English, PDF, 404 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)