INPROFORUM 2016

Liability of Corporations after Legislative Changes in the Private Law
Martin Slobodník

Language: en
Last modified: 2017-03-16

Abstract


The author of the propounded contribution is dealing with a controversial issue of liability of legal entities (especially in the field of criminal law) in the light of a comprehensive recodification of substantive private law. Special attention is dedicated to the legal theories about the nature of legal entities, which were significantly changed after adoption of a new civil code, i.e. act no. 89/2012 coll. Original “organic” theory, in accordance with the idea of own will of legal entity, was replaced by the “fiction” theory. Under the replacing theory are legal entities legally incompetent, so they cannot act alone without their representatives. Legal actions of the representatives are imputable to legal entities. The author focuses on the issues of capacity of legal entities to act illegally, especially when they don’t have own will.

Keywords


Liability of Corporations; The Legal Consequences of the Infringement; Imputability; Legal Entities

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