K dřívějším, současným a budoucím prostředkům ochrany proti nekalé soutěži
On the past, present, and future means of prevention from unfair competition

Summary/Abstract: The work on the new Civil Code, as well as the much "slimmer" Commercial Code, forces us to think about where the regulation of unfair competition will find its place in this new arrangement of private law and what the form of this regulation will be. The current development of legislative work is aimed at making this regulation part of the Civil Code. Such a solution is well imaginable and in many ways would undoubtedly be more practical than the current regulation in the Commercial Code; it is not very clear from it which of the institutes of the Civil Code are applicable in matters of unfair competition. The solution which applies to compensation for damage caused by unfair competition (ie tortious damage) (by reference to § 757 of the Commercial Code) is subject to the regime of strict liability for damage caused by breach of the contractual relationship (§ 373 of the Commercial Code).

• Details
• Contents