Notes on the issue of the auction according to Act. No. 427/1990 Coll. Cover Image

Poznámky k problematice dražby podle zák. č. 427/1990 Sb.
Notes on the issue of the auction according to Act. No. 427/1990 Coll.

Author(s): Jiří Spáčil
Subject(s): Civil Law, Public Law, EU-Legislation, Commercial Law, Court case, Administrative Law
Published by: Masarykova univerzita nakladatelství
Keywords: auctions; Czech law; ownership transfer; legal ambiguities; court rulings; legal reforms;

Summary/Abstract: The article discusses the complexities and legal ambiguities surrounding auctions under Czech law, particularly focusing on the law No. 427/1990 Sb. It highlights the inconsistent interpretations and applications of the law by courts, especially regarding the acquisition of ownership of auctioned goods and the determination of their prices. The article emphasizes the need for a clear and unified legal framework to address these issues, citing various court rulings and legal theories. It also explores the contractual nature of auctions and the potential for invalidating auctions based on certain legal defects. The discussion includes the responsibilities of the auctioneer and the bidder, the timing of ownership transfer, and the legal consequences of not paying for auctioned goods. The article concludes by suggesting that despite existing judicial interpretations, further clarification and legal reforms are necessary to ensure fair and consistent auction practices.

  • Issue Year: 4/1996
  • Issue No: 4
  • Page Range: 626-630
  • Page Count: 5
  • Language: Czech
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