Porovnání české a německé úpravy smluvního zastoupení s přihlédnutím k navrhované úpravě v novém občanském zákoníku

Abstract

LEGAL COMPARISON OF REPRESENTATION GRANTED BY THE PRINCIPAL UNDER THE CZECH AND GERMAN CIVIL CODE WITH REGARD TO THE PROPOSAL OF A NEW CZECH CIVIL CODE Legal representation (agency) belongs to the most important legal institutes within the private autonomy of each person. Acting on behalf of the principal, the representative (agent) has the authority to affect directly the legal position of the principal. The valid Czech Civil Code of 1964 regulates this legal institute in only a few provisions, the commentaries on this Act and civil law books deal only with the basic information and there is not a single Czech monograph on this topic. It may invoke that this institute is not the complicated one but this would be fully wrong. There are many questions regarding the relationship between the principal and the representative or between the representative and the third party. A lot of problems are traditionally caused by the legal authority, its scope and ending. In order to create a modern private law in the Czech Republic, which should put an end to the legal development of the past decades influenced by socialism, a new Civil Code should be created. This gives a chance also to a better regulation of agency adequate to the right of people to determine their private sphere and to the protection of third parties...