Legal Transactions and Legal Liability of Juristic Persons after Recodification of Czech Private Law
Abstract
On Friday 24 May 2019, the Faculty of Law of Charles University hosted a conference titled Legal Transactions and Legal Liability of Juristic Persons after Recodification of Czech Private Law, organised by Doc. JUDr.
Karel Beran, Ph.D. in co-operation with JUDr. Pavel Ondřejek, Ph.D., and JUDr.
Katarzyna Žák Krzyžanková, Ph.D., his colleagues from the Legal Theory Department of the Faculty of Law of Charles University. The conference was held as part of joint projects PROGRES Q02, Q03 and Q04 implemented at the Faculty of Law of Charles University.
The conference was attended by over 80 guests, including members of various Czech and Slovak law faculties, as well as practicing lawyers. The conference's unusual structure was designed to facilitate discussion, where each of the panels addressed one of the chapters of the recently published monograph: BERAN, Karel - ČECH, Petr - DVOŘÁK, Bohumil - ELISCHER, David - HRÁDEK, Jiří - JANEČEK, Václav - KÜHN, Zdeněk - NOVOTNÁ KRTOUŠOVÁ, Lucie - OND ŘEJEK, Pavel.
Právní jednání a odpovědnost právnických osob po rekodifikaci českého soukromého práva (Legal Transactions and Legal Responsibility of Juristic Persons after Recodification of Czech Private Law). Prague: Wolters Kluwer, 2018 (hereinafter the "Monograph").
In the chosen format, a speaker's presentation of the main paper was followed by a thorough discussion, where short contributions submitted in advance as well as the audience's opinions were considered. At the end, the author of the respective chapter of the Monograph had an opportunity to respond to the arguments raised.
The opening speech delivered by prof. JUDr.
PhDr. Michal Tomášek, DrSc., Vice-Dean of the Faculty of Law of Charles University for Science, Research and Editorial Activities and the coordinator of the PROGRES Q02 programme, was followed by the first panel discussion on the capacity of a juristic person to "engage in legal acts" and "bear legal liability".
The main paper was a response to the Monograph's first chapter by doc. Beran and was presented by the lead author of the new Civil Code, prof.
Dr. JUDr.
Karel Eliáš of the Trnava University. The discussion topic of the second panel covered the effects of fundamental rights on legal relationships of juristic persons.
JUDr. Pavel Ondřejek, Ph.D., the author of the relevant chapter of the Monograph, was the guarantor.
The main paper was presented by JUDr. Martin Hapla, Ph.D. of Masaryk University, who first drew attention to the abstract formulation of the rights guaranteed at the constitutional level in the Charter of Fundamental Rights and Freedoms.
The conference continued with the third panel discussing the business judgement rule in relation to the liability of members of the governing bodies of juristic persons. The author of the associated Monograph chapter is Mgr.
Lucie Novotná Krtoušová, Ph.D. The main paper was presented by doc.
JUDr. Bohumil Havel, Ph.D. of the Institute of State and Law of the Czech Academy of Sciences and the author of the synopsis of the Corporations Act, who addressed the issues related to due managerial care (péče řádného hospodáře).
The topic of the fourth panel were acts performed by a member of the juristic person's governing body regarded as representation sui generis. The opening paper was presented by JUDr.
Robert Pelikán, Ph.D., who addressed especially the unique character of decision-making processes in large corporations, which he attributed inter alia to the corporate culture. The afternoon part of the conference started with opening remarks of prof.
JUDr. Aleš Gerloch, CSc., Vice-Rector for Academic Appointments at Charles University and coordinator of the PROGRES Q04 programme, and prof.
JUDr. Jan Dvořák, CSc., Vice-Dean for the Doctoral Study Programme and Rigorosum Procedure at the Faculty of Law of Charles University and coordinator of the PROGRES Q03 programme.
Both speakers welcomed the participation of so many experts from a wide range of legal specialisations. The conference then continued with the fifth block with the Monograph chapter authored by doc.
JUDr. PhDr.
David Elischer, Ph.D. and JUDr. Jiří Hrádek, Ph.D., LL.M., dealing with the question of what can be imputed to juristic persons on the grounds of fault based liability and no-fault liability.
The main paper was presented by the Supreme Court judge JUDr. Petr Vojtek.
The following sixth panel, dealt with liability of juristic persons for an offence under public law in reference to the Monograph chapter by prof. JUDr.
Zdeněk Kühn, Ph.D., LL.M., S.J.D. The main paper was presented by doc.
JUDr. Helena Prášková, CSc., the head of the Department of Administrative Law and Administrative Science of the Faculty of Law of Charles University.
The seventh and final panel followed up on the chapter titled "Responsibility and liability of juristic persons" written by JUDr. Bc.
Václav Janeček, Ph.D., M.St., which was based on his earlier publication titled "Criticism of Legal Responsibility" (JANEČEK, V. Kritika právní odpovědnosti. (Criticism of Legal Responsibility.) (Prague: Wolters Kluwer, 2017.) The main paper was presented by Mgr.
Pavel Pražák who closely adhered to the format of the conference and provided a detailed summary and critique of JUDr. Janeček's theses.
The conference was concluded by the closing address delivered by doc. Beran in which he thanked the co-organisers as well as students who participated in the organisation of the conference.
He praised the fact that the conference contributed to the better understanding of legal transactions and legal responsibility of juristic persons in present-day Czech law.