The influence of jurisprudence on the formation of relations between the manager and the limited liability company Cover Image

The influence of jurisprudence on the formation of relations between the manager and the limited liability company
The influence of jurisprudence on the formation of relations between the manager and the limited liability company

Author(s): Tomáš Peráček, Michal Kaššaj
Subject(s): Business Economy / Management, Socio-Economic Research, Sociology of Law, Court case
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: Business Code; employment contract; manager; limited liability company;

Summary/Abstract: The procedure and internal functioning of a limited liability company in the conditions of the Slovak Republic seemed to be a long-settled question. However, the opposite is true. We were particularly interested in the question of how a de facto non-existent person can act and thereby have certain rights and obligations. As part of the study, we came across numerous jurisprudence, which completes our understanding of the term executive and also defines the framework of his actions. A very important issue is the definition of the relationship between the limited liability company and the manager. The reason is the fact that it is a business-legal relationship and therefore the protection provided to this relationship is lower compared to civil-law relationships or labor relations. In addition to the examination of a limited liability company and its manager, we focus primarily on a critical analysis of the commercial and labor law relationship between the manager and the limited liability company. To achieve our goal, we use several scientific methods designed for the study of law, such as analysis, synthesis, comparison, deduction, description. In conclusion we will critically evaluate the results of our investigation, we will compare the development of Slovak, European and Czech jurisprudence in the context of its influence on the investigated issue. At the same time, we answer the research question whether it is possible to perform the function of an executive on the basis of an employment contract.

  • Issue Year: 13/2023
  • Issue No: 1
  • Page Range: 43-62
  • Page Count: 20
  • Language: English