Documentary (Evidential) Function of Form of Contract of Section 13 First Sentence of Czech Business Corporations Act Cover Image

Dokumentační (důkazní) funkce požadavku formy § 13 věty první ZOK
Documentary (Evidential) Function of Form of Contract of Section 13 First Sentence of Czech Business Corporations Act

Author(s): Viktor Kolmačka
Subject(s): Civil Law
Published by: Masarykova univerzita nakladatelství
Keywords: Single Member Company; Self-dealing; Form of a Contract; Evidential Function of a Form; Documentary Function of a Form.

Summary/Abstract: This article deals with the consequences of violation of the form requirement of a contract between single member company and the sole member. According to the Section 13 first sentence of the Czech Business Corporations Act the contract between single member corporation represented by the sole member and such member must be in written form with certified signatures. In the view of the contemporary commentaries and case law of the Czech Supreme court violation of this rule leads to invalidity of a contract. This paper aims to disprove this current opinion.

  • Issue Year: 29/2021
  • Issue No: 2
  • Page Range: 203-225
  • Page Count: 23
  • Language: Czech