Contractual Obligations such as Unfair Competition Cover Image

Nesplnění smluvních povinností jako nekalá soutěž
Contractual Obligations such as Unfair Competition

Author(s): Josef Kotásek
Subject(s): Commercial Law
Published by: Masarykova univerzita nakladatelství
Keywords: Contractual Obligations;Unfair Competition;Germany;Austria;Commercial Code;

Summary/Abstract: Author deals with the question whether breach of contract may be considered to be unfair competition. On the basis of comparation with the German and Austrian practice of the courts the author came to a conclusion that breach of contract, related to the economic competition and affecting competitive position of participants of such contracts, could be prosecuted according to unfair competition regulation stipulated by the Commercial Code. Author formulates conditions of such a paralleling. Special attention is paid to the question of meeting one of the conditions of general clause of unfair competition regulation, i.e. acting in economic competition.

  • Issue Year: 17/2009
  • Issue No: 2
  • Page Range: 76-80
  • Page Count: 5
  • Language: Czech
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