Journal of the Charles University Law Faculty
Monika Forejtová, Markéta Šlejharová
Author’s affiliation:
Faculty of Law, University of West Bohemia, Faculty of Law, Masaryk University Brno
European and national legal aspects of appointing a guardian to a joint stock company
Jurisprudence 4/2016 Section: Articles Page: 21-31
Keywords: guardian, joint stock company, European law, the new Civil Code
Abstract: This article explores the issue of appointing a guardian to a joint stock company and the European and national legal aspects of this institution, which was established by the new Civil Code. Attention is also given to substantive and procedural legislation regarding the guardianship of a legal person. The constitutional aspect is also mentioned. The authors challenge the current regulation regarding the guardianship of a legal person, primarily in relation to the joint stock company because of its complicated internal structure. The article also provides a practical view of the issue. It explains how the institution is applied by the courts and suggests how it should be applied with the utmost respect to the rights of business corporations.
