| Abstract [eng] |
Even though it is acknowledged that the state may in some cases participate in commercial transactions, its most important function remains the implementation of the state power functions. The specific status of the state does not allow it to be fully comparable to other legal entities or natural persons involved in the private dealings, which means that the state-owned assets acquire a special status and can not be equated with assets controlled by other entities. Therefore, in case of infringement, the state is granted a very specific right to defend itself from the claim and other acts of the civil proceedings - a requirement for state immunity protection. In International Law, state immunity comprises the rules and principles determining the conditions under the basis of which a foreign country may require the freedom from another state‘s jurisdiction. State immunity is a rule formed under international law, which means that state immunity is presumed. In this case, the presumption first of all establishes that state immunity applies no longer than the circumstances emerge, which allows the denial of this presumption, i.e. the conditions for exemption and limitation of state immunity are determined. |
