法学对经理与有限责任公司关系形成的影响

IF 0.9 Q2 LAW
T. Peráček, Michal Kaššaj
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引用次数: 11

摘要

在斯洛伐克共和国的条件下,有限责任公司的程序和内部运作似乎是一个长期解决的问题。然而,事实恰恰相反。我们特别感兴趣的问题是,一个事实上不存在的人如何能够采取行动,从而拥有某些权利和义务。作为研究的一部分,我们遇到了许多法理学,这完成了我们对行政一词的理解,也定义了他的行为框架。一个非常重要的问题是有限责任公司和经理之间的关系的定义。原因在于,这是一种商法关系,因此,与民法关系或劳动关系相比,对这种关系提供的保护较低。除了审查有限责任公司及其经理之外,我们主要侧重于对经理与有限责任公司之间的商业和劳动法关系进行批判性分析。为了达到我们的目标,我们使用了为法律研究而设计的几种科学方法,如分析、综合、比较、演绎、描述。最后,我们将批判性地评价我们的调查结果,我们将比较斯洛伐克、欧洲和捷克法学的发展对所调查问题的影响。同时,我们回答了研究的问题,即是否有可能在雇佣合同的基础上履行高管的职能。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The influence of jurisprudence on the formation of relations between the manager and the limited liability company
The procedure and internal functioning of a limited liability company in the conditions of the Slovak Republic seemed to be a long-settled question. However, the opposite is true. We were particularly interested in the question of how a de facto non-existent person can act and thereby have certain rights and obligations. As part of the study, we came across numerous jurisprudence, which completes our understanding of the term executive and also defines the framework of his actions. A very important issue is the definition of the relationship between the limited liability company and the manager. The reason is the fact that it is a business-legal relationship and therefore the protection provided to this relationship is lower compared to civil-law relationships or labor relations. In addition to the examination of a limited liability company and its manager, we focus primarily on a critical analysis of the commercial and labor law relationship between the manager and the limited liability company. To achieve our goal, we use several scientific methods designed for the study of law, such as analysis, synthesis, comparison, deduction, description. In conclusion we will critically evaluate the results of our investigation, we will compare the development of Slovak, European and Czech jurisprudence in the context of its influence on the investigated issue. At the same time, we answer the research question whether it is possible to perform the function of an executive on the basis of an employment contract.
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来源期刊
CiteScore
1.70
自引率
0.00%
发文量
20
审稿时长
24 weeks
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