Veřejnoprávní smlouva a pravomoc soudu
Public Law Contract and Judiciary Competence of Court

Summary/Abstract: In foreign law contracts made between authorities of public service and enterprisers for the purpose of public benefit are common. In making these contracts rules of private law are subsidiarily used. Enacting public law contracts in the Czech Law Order is at its beginning. One of the first contracts of this character is that one between a Labour Office and an enterpriser according to which the Labour Office provides the enterpriser a grant on condition that he makes himself obliged to employ a registered applicant for a job. In case that the applicant hasn't been employed, the grant must be returned. In judiciary practice the question is being solved whether a court is com­petent to decide matters of controversy coming from these contract. The sourts of lower degree mean it isn't - the Labour Office as astate authority may proceed in these cases itself. On the other hand, the High Court (court of appeal) has taken a standpoint that the judiciary competence of courts is given - primarily with regard to the equal position of the participants of those contracts. Nevertheless a corresponding legal institution which would empower the courts to proceed in these matters is still missing.

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