Mandatory and Default Rules in Private Law
Mandatory and Default Rules in Private Law
Author(s): Tomáš GábrišSubject(s): Philosophy of Law, Commercial Law
Published by: Univerzita Komenského v Bratislave
Keywords: mandatory rules; default rules; permissive rules; legal realism; private law; company law; Slovak law;
Summary/Abstract: The paper summarizes philosophical, historical and doctrinal background of the differentiation between mandatory and default rules in private law in general and in company law in particular. The conclusion of the author is the plea to provide for a clear guidance in the respective doctrine and legislation as to the criteria and principles applicable to distinguishing between the two types of regulations.
Journal: Bratislava Law Review
- Issue Year: 4/2020
- Issue No: 1
- Page Range: 61-70
- Page Count: 9
- Language: English
