Přehled o publikaci

The article compares the Czech civil law provisions governing family enterprise with their significantly older Italian counterpart and assesses the applicability of the Italian legal framework to the Czech legal context. The authors first define the general legal framework for family enterprise (imprese familiari) in the Civil Code (nature and application), then focus on participation in the operation of a family enterprise and the rights arising therefrom. They also outline the rights of individual members to a share of the family enterprise’s profits and address the issue of settlement in family enterprise. The authors point out shortcomings in the incorporation of Italian legal regulations into domestic law and confirm the hypothesis that Italian case law and doctrine have the potential to serve as a source of supporting arguments for the interpretation of our regulations (e.g., regarding the definition of a family enterprise, recognition of a family member’s work for the family as participation in the operation of the family enterprise and determining a family member’s share of the business’s profits).