Journal of the Charles University Law Faculty
Tomáš Tintěra
Author’s affiliation:
Faculty of Law, Charles University in Prague
Consequences of a conflict of interest between the representative and the principal
Jurisprudence 6/2023 Section: Discussion Page: 37-43
Keywords: conflict of interest; representation; Civil Code; invalidity of legal act
Abstract: The article deals with the legal consequences of a conflict of interest between the representative and the principal. The Supreme Court of the Czech Republic, sitting as the Grand Chamber of the Civil and Commercial Division, in its judgment of 5th October 2022 (Ref. No. 31 Cdo 1640/2022), addressed the issue concerning the consequences of a conflict of interest, where the court's conclusions depart from the existing case law and the majority opinion according to the literature. The article focuses on the interpretation of Section 437 of the Civil Code in a broader context.
