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The impact of altered realtions upon the duration of an obligation
Raffaiová, Markéta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
1. Summary The Influence of a Change of Circumstances on the Existence of an Obligation The purpose of my thesis is to present a brief outline of the problems concerning the impact of the change of circumstances on the existence of an obligation. The leading principle looking into this issue is the rebus sic stantibus principle. This principle can be considered as the opposite of the contemporary major contract rule worshipped by most of the European states and thus legal systems, the pacta sunt servanda principle. This principle, meaning the necessity of putting emphasis on the performance, is at present the fundamental principle of contract law of the Czech republic too. However, day-to-day life creates situations, in which the strict compliance with this principle can be in conradiction with justice and the contractor's expectations of the fairness of the law. The rebus sic stantibus principle is presently applied usually only to rare specific cases, the question, whether it should be allowed to terminate the contract under a essential change of the circumstances to all contracts in general, is an object of long-term discussions among many legal experts and legislators. This thesis is composed of five chapters, each of them dealing with different aspects of the essentialy changed circumstances (also...
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The impact of altered realtions upon the duration of an obligation
Raffaiová, Markéta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
1. Summary The Influence of a Change of Circumstances on the Existence of an Obligation The purpose of my thesis is to present a brief outline of the problems concerning the impact of the change of circumstances on the existence of an obligation. The leading principle looking into this issue is the rebus sic stantibus principle. This principle can be considered as the opposite of the contemporary major contract rule worshipped by most of the European states and thus legal systems, the pacta sunt servanda principle. This principle, meaning the necessity of putting emphasis on the performance, is at present the fundamental principle of contract law of the Czech republic too. However, day-to-day life creates situations, in which the strict compliance with this principle can be in conradiction with justice and the contractor's expectations of the fairness of the law. The rebus sic stantibus principle is presently applied usually only to rare specific cases, the question, whether it should be allowed to terminate the contract under a essential change of the circumstances to all contracts in general, is an object of long-term discussions among many legal experts and legislators. This thesis is composed of five chapters, each of them dealing with different aspects of the essentialy changed circumstances (also...
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