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Damages for Breach of Contractual and Non Contractual Duty in Civil Law
Janoušková, Anežka ; Dvořák, Jan (advisor) ; Elischer, David (referee) ; Petrov, Jan (referee)
Damages for Breach of Contractual and Non-Contractual Duty in Civil Law - Abstract The thesis at hand deals with liability for non-performance of a contract and liability in tort. The new Civil Code abandoned the general rule of Sec. 420 of Act No. 40/1964 Coll., which did not distinguish between contractual and non-contractual liability. The new Civil Code thus provides for two different liability regimes depending on whether the wrongdoer and the victim entered into a contract (or similar obligation) or not. While liability in tort is governed by Sec. 2909 and 2910 CC, contractual liability is stipulated in Sec. 2913 CC. The thesis strives to examine this important change in its complexity when emphasis in being put onto the theoretical, comparative and historical context. Firstly, the thesis provides for the basic theoretical background of liability in civil law and looks at the foundations of its division into contract and tort. The author further dives into the topic from a comparative perspective. Given the inspirational sources of the Czech Civil Code, the thesis focuses mainly on German and Austrian approach. The thesis also gives a brief summary of the historical development in the Czech civil law. The main part of the thesis focuses on the relevant provisions, their relationship and conditions for...
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Damages for Breach of Contractual and Non Contractual Duty in Civil Law
Janoušková, Anežka ; Dvořák, Jan (advisor) ; Elischer, David (referee) ; Petrov, Jan (referee)
Damages for Breach of Contractual and Non-Contractual Duty in Civil Law - Abstract The thesis at hand deals with liability for non-performance of a contract and liability in tort. The new Civil Code abandoned the general rule of Sec. 420 of Act No. 40/1964 Coll., which did not distinguish between contractual and non-contractual liability. The new Civil Code thus provides for two different liability regimes depending on whether the wrongdoer and the victim entered into a contract (or similar obligation) or not. While liability in tort is governed by Sec. 2909 and 2910 CC, contractual liability is stipulated in Sec. 2913 CC. The thesis strives to examine this important change in its complexity when emphasis in being put onto the theoretical, comparative and historical context. Firstly, the thesis provides for the basic theoretical background of liability in civil law and looks at the foundations of its division into contract and tort. The author further dives into the topic from a comparative perspective. Given the inspirational sources of the Czech Civil Code, the thesis focuses mainly on German and Austrian approach. The thesis also gives a brief summary of the historical development in the Czech civil law. The main part of the thesis focuses on the relevant provisions, their relationship and conditions for...
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The theoretical conception of pre-contractual and contractual liability
Cienciala, René ; Beran, Karel (advisor) ; Tryzna, Jan (referee)
OF DIPLOMA THESIS THE THEORETICAL CONCEPTION OF PRE-CONTRACTUAL AND CONTRACTUAL LIABILITY Author: René Cienciala Supervisor: doc. JUDr. Karel Beran, Ph.D. Department: Department of Legal Theory and Legal Doctrines The purpose of my thesis was to analyse theoretical aspects of precontractual and contractual liability under Czech law. I particularly focused on precontractual liability (also known as culpa in contrahendo) due to its unclear and unresolved theoretical conception among Czech jurisprudence. The thesis consists of eleven chapters including one annex. After short introduction, I briefly analysed the meaning of a general term legal responsibility/ liability in the second chapter, and a historical background including the original Jhering's conception of culpa in contrahendo in the third part of the thesis. The fourth chapter is devoted to defining the scope of precontractual liability and specific precontractual duties and/or obligations during a contract negotiation under both current and revised civil law. I comprehensively analysed underlying principles of a concept of precontractual liability, its general nature and a nature of precontractual relationship in the fifth part of the thesis. I also tried to provide theoretical description and definition of the conception of culpa in...
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Contractual and non-contractual liability to damages (a comparison with foreign legislation)
Černý, Štěpán ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Contractual and non-contractual liability to damages (a comparison with foreign legislation) In theory tort and contractual liability might seem to draw clear boundaries. The first one arises from breach of contract whereas tort being unrelated to any contractual obligation. However it is known that some legal systems, like the Czech law, do not differentiate between them and do not provide them with different rules. Does it only mean the differentiation is useless in these legal systems or does it suggest that there might be no reasonable grounds for distinction in other legal systems? How do tort and contractual liability differ? Differences have to be weighed when area between tort and contract is considered. They are of significance when it comes to possibility or impossibility of choice in case of concurrence of tort and contract and they are important for liability to third parties of a contract. I researched following legal systems: Czech law, German law, French law, Spanish law and Italian law. In each of them I examined these areas: contractual liability, liability to third party, tort liability, liability for behaviour contrary to bonos mores, and selected elements of tort liability with some remarks to some special rules for contractual liability: wrongfulness, fault, causation, damage and its...
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