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THE IMPORTANCE AND THE STATUS OF PERSONAL TRADING COMPANIES IN SLOVAK COMMERCIAL LAW AND SELECTED ISSUES OF THEIR MANAGEMENT

T. Peracek, PhD., B. Mucha, J. Varga
Thursday 8 November 2018 by Libadmin2018

ABSTRACT

The change of the social establishment in 1989 paved the way for the large groups of population to the entrepreneurship. The economic theory considers the entrepreneurship to be the basic tool for the economic development of every state. However, the main issue for every beginning entrepreneur is the choice of convenient legal form of entrepreneurship. General commercial partnership and limited partnership representing the types of personal trading companies have their origin in German and Austrian commercial law. They have been applied as ideal legal forms mostly in the field of family entrepreneurship primarily in these countries. In the Slovak Republic, however, they have been pushed to the background and have been literally “dying out” despite of their advantages. It is striking that even commercial law theorists have been avoiding them and have been marginally involved in their research. The authors’ goal, not only for this reason, is the examination of the provisions § 76 to § 104 of the Commercial Code regulating such trading companies and provision of an unbiased view on them. The goal set is to be achieved primarily by using scientific literature, judicature and legal regulations by means of which we will assess the legal form of general partnership, limited partnership and their management. In the conclusion, we either confirm or dismiss the hypothesis, according to which personal trading companies are being regarded as unnecessary types of trading companies and a historical relic of commercial law. The article mainly concerns the field of commercial law lapping at some point over economics and management. It also has an effect of multidisciplinary as well as international-law research of the issues the concept and legal regulation of which have – despite years of expert and lay discussions –remained incomplete to a large extent (not solely) in the Slovak legal environment.

Keywords: commercial law, general commercial partnership, limited partnership, management


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