Commercial and financial law
Commercial and financial law
In the context of the field of legal science, legal branch and pedagogical discipline in the study field “Law”, the field of Habilitation and Inauguration procedure "Commercial and Financial Law" contains in the part emphasizing commercial law a section of private and public law, with links to related branches of law, the subject of which are the relations arising in the course of trade or relations related to them. The basis of these relations is the requirement for professional conduct of subjects with the status of entrepreneurs, reflected in standards with the possibility of ex post evaluation and approved risk-taking in business activity in order to achieve profit in business. The scientific study of commercial law is a creative activity aimed at organising knowledge about commercial law, about the principles, principles and rules that distinguish it from general private law, about the values protected by commercial law and the objectives that it promotes in all the ways in which the norms of commercial law are applied.
Commercial law is a subsystem - a special private law, which is based on and derives from the general private law and through its special characteristics (professionalism, approbation of risk-taking behaviour in order to make profit) it is partly distinguished from it. Business law has significant interactions with other subsystems of private law, such as securities law, intellectual property law, labour law. Through international trade law, it has significant interactions with private and procedural international law and also focuses on the application of the principles and policies of the lex mercatorium in domestic and cross-border trade. Commercial law also contains norms of a procedural-legal nature (unfair competition claims, determination of invalidity of decisions of corporate bodies), or norms of a substantive nature with significant procedural significance (determination of lost profits, insolvency law institutes), and to a significant extent also the application of legal norms of arbitration, which is characteristic for commercial law. Commercial law, especially in the part of company law, absorbs EU law into legal norms by adopting the objectives of the relevant directives and their legislative expression and is organically linked to directly binding EU legislative acts interpreted mainly by the CJEU but also by other competent authorities, while also reflecting alternative ways of harmonising the legal systems of EU Member States (e.g. EMCA). Commercial law, with its primary focus on trade, is influenced by the development of ways and forms of doing business (e-commerce, digitalisation, public procurement) within the market environment (competition law regulation), therefore it also examines public authority interference in business and sets limits on state interference in the freedom of business (interactions with constitutional law, administrative law, criminal law).
From the above description, the focus is mainly on:
- Status of entrepreneurs, types and forms,
- Key institutes (Commercial register, business name, seat, incorporation)
- Interaction with insolvency law, public procurement, international trade, MPSaP, constitutional law, administrative law, criminal law
- Competition law
- Arbitration
- Securities law
- Intellectual property law (in particular industrial property rights)
- Contract law B2B, B2G
- European Union law in the relevant context
- Laws of other integration groups in the relevant context
In the section emphasizing financial law, the Habilitation and Inauguration procedure "Commercial and Financial Law" includes the following segments in the field of financial law (the science of financial law) and education in the field of law, namely:
- the law of public budgets, financial control and budgetary responsibility
- monetary law and foreign exchange law
- customs law
- tax and fee law
- financial market law (including related issues such as protection against money laundering in so far as they affect the operation of regulated financial market entities)
Financial law regulates relations between entities within a diverse range of areas, the linking element of which is the link to public budgets.
The diversity of areas of regulation also determines the considerable fragmentation of the legal framework into norms of different legal force, with a insignificant overlap with constitutional law and public international law.
In a number of sub-sectors of financial law, the determination by European Union law is also significant, particularly in defined areas such as financial market regulation, taxation, customs and the single currency. In these areas, increased cooperation between the competent authorities of the European Union and the Member States, as well as between the Member States, is also an important feature.
Within the area of budgeting, this cooperation is visible in the fiscal coordination mechanisms and the network of institutions ensuring their effective enforcement.
In the framework of tax law, the subject of research is the growing interconnectedness of the tax systems of individual states, determined by both direct harmonization efforts and voluntary coordination within broader groups (OECD, UN).This indicates a trend away from bilateralism towards multilateralism, particularly in the tax area.
Of particular importance in financial market law is the application of the Single European Passport as a harmonised authorisation for the exercise of activities of regulated entities in the financial market and the harmonisation of requirements in the European Economic Area for its application, with a view to achieving a single market.
Staff of the department of habilitation and inauguration procedures of the person responsible for HIK:
Prof. JUDr. Mária Patakyová, CSc.
Prof. JUDr. Ľubomír Čunderlík, PhD.
Odkaz na VUPCH: link
Doc. JUDr. Peter Lukáčka, PhD.
Doc. JUDr. Ing. Matej Kačaljak, PhD.
Odkaz na VTC: link
doc. Dr. Angelika Mašurová
Odkaz na VTC: link