Gábor Hulkó: The right of freely executable trades with notification duty – theory and practice

There are three basic statuses of the existence of freely executable trades with notification duty that relate to: 1. the creation of right to the free execution of trade; 2. the execution of free trade and connecting rights and duties; 3. the ending of competence for free trade.

The work first of all intends to study the first aspect of freely executable trades, that is the most complex and still not developed field of the issue at the same time. The creation of competence for executing free trade itself from the point of view of law theory is similarly neglected, as well as such legal issues that are not politically up-to-date, although there is an opportunity for factual legal argumentation, that is otherwise oppressed with demagogue (and/or inexpert) political argumentation. In this regard we can state that liké the most legal issues, unfortunately the issue of the execution of trades is alsó not processed in detail. That it possibly becomes the issue of legal disputes seems to be entirely unimaginable in present days. It can be ascribed to those uncoordinated educational and university reforms, that minimised, and/or disabled the creation of such nation-wide scientific legal discussions that are obvious and necessary parts of legal culture and practice in all European countries.

Enterprises and entrepreneurial thinking are inalienable parts of our society. Our legal culture alsó reflexes this civilisation fact, therefore one of the central norm system of the Slovak legal system is formed by the complex of legal norms comprising the regulation of enterprises. One of the legal norms regulating enterprising is the Licensing Act (Act. No. 455/1991 Coll. of Laws), that regulates trades and that form the basis of the most entrepreneurial activities. The effectiveness of the Licensing Act is regulated by 2., 3. and 4. §, therefore we can classify the trades intő two main classes, that is trades falling under the effectiveness of Licensing Act and other trades.