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Contractual penalty
Brož, Roman ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This rigorosum thesis called "Contractual Penalty" explores the institute of contractual penalty as an instrument of debt affirmation from the viewpoint of Act No. 89/2012 Coll., the Civil Code. First, an overview is given of the historical development of contractual penalty. Then the contractual penalty is analyzed in terms of its function and accessory nature; subsequently, the content of contractual penalty provisions is discussed. This thesis then discusses the credit term and limitation of contractual penalty, assignment of the entitlement to contractual penalty, and also the relation of contractual penalty to withdrawal from contract and liquidated damages. Another major part of this thesis deals with the court's right to reduce an excessive contractual penalty. Finally, this thesis discusses the institute of contractual penalty in consumer contracts. Two separate parts of this thesis then deal with selected foreign legislation governing contractual penalty, namely that of Germany and Switzerland, which are then compared with the relevant Czech legislation.
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Contractual penalty
Brož, Roman ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This rigorosum thesis called "Contractual Penalty" explores the institute of contractual penalty as an instrument of debt affirmation from the viewpoint of Act No. 89/2012 Coll., the Civil Code. First, an overview is given of the historical development of contractual penalty. Then the contractual penalty is analyzed in terms of its function and accessory nature; subsequently, the content of contractual penalty provisions is discussed. This thesis then discusses the credit term and limitation of contractual penalty, assignment of the entitlement to contractual penalty, and also the relation of contractual penalty to withdrawal from contract and liquidated damages. Another major part of this thesis deals with the court's right to reduce an excessive contractual penalty. Finally, this thesis discusses the institute of contractual penalty in consumer contracts. Two separate parts of this thesis then deal with selected foreign legislation governing contractual penalty, namely that of Germany and Switzerland, which are then compared with the relevant Czech legislation.
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Legal regime of water related land
Brož, Roman ; Drobník, Jaroslav (advisor) ; Sobotka, Michal (referee)
in English This thesis deals with the legal regime of land-related waters. The initial part of the thesis explores relations pertaining to water and land. The main part of the thesis concentrates on legal aspects of land-related waters, powers of watercourse managers in respekt of such land and the legal regime of land connected with water structures, with an emphasis placed on the current legislative aspects of ponds and wells. Furthermore, the thesis deals with the general water protection in respect of land, in particular with water-resource protection zones and vulnerable areas. The last part of the thesis is dedicated to land-related issues of anti-flood protection, especially to limitations applicable to owners of property in flood zones.
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