Prechod administratívnoprávnej zodpovednosti na právneho nástupcu právnickej osoby
Succession of Administrative Liability onto Legal Successor of Legal Person

Summary/Abstract: The paper deals with the succession of administrative liability onto the legal successor of a legal person. It analyses the topic from several points of view. In the first part of the paper, the attention is paid to the basic facts on the succession of liability of legal persons. Therefore, it describes the origin of the ideas of this legal institute from the Anglo-American legal system and their transition to the continental legal system and explains respondeat superior theory. The second part of the article analyses the possibilities of the succession of administrative liability onto the legal successor of a legal person in the V4 countries with special regard to the Czech Republic, because in this country this institute is enacted as an institute de lege lata. The third part of the article is devoted to the topic from the perspective of Slovakia, where legal practice used this legal institute and therefore is recognized by relevant judicial case law too. However, from de lege lata point of view, only criminal law deals with the succession of liability of legal persons and not administrative law. In the last part of the article, the attention is paid to a legislative proposal on how the succession of liability could be regulated in the legislation of Slovak Republic. These de lege ferenda proposals represent a synthesis of the text from the previous parts of the article.

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