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New in the Czech Civil Code - rules for family Enterprise

Author

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  • MAREK, KAREL
  • JANKU, MARTIN

Abstract

For more than two decades the family business enterprises of the first generation (generation of founders) are more and more dominating in the category of today’s Small and Medium-sized Enterprises in the Czech Republic. The necessary legal background defining the legal relationships and rights of all participating persons was, however, limited to general provisions in the Commercial Code that hasn´t solved many of the problems associated thereto. Only in 2012 the new Czech Civil Code, Act. No 89/2012 Coll., introduced the institute of family enterprise as completely new term in the Czech Civil law. The present paper aims to analyse the key rules of this new legal regulation, focusing on significant aspects of the institute in the context of commercial law and family law, as well as to highlight the potential weaknesses in the regulation itself.

Suggested Citation

  • Marek, Karel & Janku, Martin, 2020. "New in the Czech Civil Code - rules for family Enterprise," MPRA Paper 108734, University Library of Munich, Germany.
  • Handle: RePEc:pra:mprapa:108734
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    References listed on IDEAS

    as
    1. Thomas Buchmueller & John Dinardo, 2002. "Did Community Rating Induce an Adverse Selection Death Spiral? Evidence from New York, Pennsylvania, and Connecticut," American Economic Review, American Economic Association, vol. 92(1), pages 280-294, March.
    2. Michael Hoy, 2005. "Risk Classification and Social Welfare," Working Papers 0508, University of Guelph, Department of Economics and Finance.
    3. Michael Rothschild & Joseph Stiglitz, 1976. "Equilibrium in Competitive Insurance Markets: An Essay on the Economics of Imperfect Information," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 90(4), pages 629-649.
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    More about this item

    Keywords

    family enterprise – family member – involvement in the operation of family enterprise – profit share and property gains;

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law

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