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The price of the construction works at the failed implementation of quality
Škrdla, Marek ; Comorek,, Martin (referee) ; Marková, Leonora (advisor)
The aim is to design the valuation of construction work for which there has been compliance with quality construction and technical nature. Describe the current valuation methods used in practice for the valuation of construction. The legal definition of faulty performance and defect removal contractor. Identifying and measuring the extent of defects of work. Draft awards resulting defective performance by the contractor and awards removal caused defects.
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The notification of lack of conformity and consumer remedies in contracts for the sales of goods
Dvořáková, Anna-Marie ; Flídr, Jan (advisor) ; Čech, Petr (referee)
The notification of lack of conformity and consumer remedies in contracts for the sales of goods Abstract This thesis analyses the notification of lack of conformity and consumer remedies in contracts for the sales of goods. This thesis aims to analyse the provisions of Act. No. 89/2012 Coll., Civil Code, and Act. No. 634/1992 Coll., Consumer Protection Act, including recent amendments by Act. No. 374/2022 Coll., which entered into force on 6th January 2023, and reacted to some problematic practical issues. These provisions will be compared to corresponding provisions of Directive (EU) 2019/771. The first chapter of this thesis focuses on provisions of Civil Code regarding consumer remedies for the lack of conformity. Individual sections of this chapter describe requirements for conformity, exceptions from lack of conformity, the remedies which a consumer is entitled to, and the hierarchy of these remedies. Furthermore, the notification of lack of conformity is described according to sections 1922 and 2165 of Civil Code. The recent amendments regarding the liability of the seller for any lack of conformity existing at the time of delivery are also described. Furthermore, the thesis deals with the obligation to notify, according to which the consumer has to inform the seller of a lack of conformity within a...
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Right from a defective pe rformance and right to compensation for damage
Císařovský, Adam ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
1 Right from a defective performance and right to compensation for damage Abstract This thesis deals with the interrelation of the institutes of the right from a defective performance and the right to compensation for damage. The institutes of rights from defective performance and the right to compensate for damage caused by the provision of defective performance are both commonly perceived as breaches of obligation, and the literature consistently classifies them under the concept of breach of contract. The aim of this thesis is to analyse the defective performance as a necessary prerequisite for both claims arising from the right from defective performance and the right to compensation for damage. The thesis deals with the relationship of the above-mentioned institutes, which are in the Czech legal environment in the relationship of exclusivity of the right from defective performance to the right to compensation for damage on the basis of the provisions of Section 1925 of the Civil Code, according to which the acquirer of a performance that is defective must claim these defects only through the legal provisions of the right from a defective performance. The thesis then uses analytical, critical, comparative and descriptive research methods. In the first chapter of the thesis, the descriptive method is...
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Ochrana spotřebitele v oblasti práv z vadného plnění
Kropáčková, Hana
The Diploma thesis deals with consumer protection in the field of rights from defective performance. The literature review contains the rights and obligations of entrepreneurs and consumers in the field of rights from defective performance in the sale of goods in the shop, definition of defective performance and types of defects. The terms that are related to the topic are also listed and explained. The practical part of the Diploma thesis is consisted of survey among the inhabitants of the Czech Republic and in-depth interviews aimed at identifying consumer behaviour and expectations in this field. For business companies there are recommendations that result from the survey and in-depth interviews.
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Rights from defective performance in consumer contracts
Nováková, Kristýna ; Elischer, David (advisor) ; Dvořák, Jan (referee)
1 Rights from defective performance in consumer contracts Abstract This diploma thesis deals with rights from defective performance in consumer contracts, with both the general regulation of the rights of defective performance in the contract between the entrepreneur and the consumer, as well as the specific rights of defective performance in this contract in the case of the purchase contract and contract for work. The thesis contains definitions of the basic subjects of consumer law, as well as legal terms, which are often associated with the application of legal rules of consumer law. Such terms are defective performance, as well as individual types of defects, or even the disputed warranty under the law or voluntary contractual guarantees provided by the seller. This thesis deals in detail with the rights of defective performance, which belongs to the buyer in case of conclusion of the purchase contract. A special focus is given to the special subsection of civil code on the sale of goods in the shop. The part of this thesis is also the definition of the term of complaint, the exercise of the right from defective performance in terms of its content, manner or form, or the work also represents the persons entitled or compulsory to complain. The thesis also solves problems with proper application of the...
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The Liability for the Non-Conformity of Goods in a Consumer Contract of Sale
JANOUŠKOVÁ, Aneta
This bachelor thesis deals with the analysis of rights and obligations arising from the defective performance in consumer relationships, especially from the contract of sale. This thesis analyses basic institutes connected to the nonconformity of the contract of sale according to the new Civil Code, which came into full effect on January 1, 2014 and compares them with the EU regulations on which the regulation in the Civil Code is based. Furthermore, the text defines elementary terms, it includes a division of defects, specification of rights from a defective performance and other rights that are beyond the defective performance. The thesis also deals with given principles and processes within the complaint procedure. The practical part of the thesis is focused on consumers using the questionnaire survey to examine the awareness and knowledge of their rights.
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The price of the construction works at the failed implementation of quality
Škrdla, Marek ; Comorek,, Martin (referee) ; Marková, Leonora (advisor)
The aim is to design the valuation of construction work for which there has been compliance with quality construction and technical nature. Describe the current valuation methods used in practice for the valuation of construction. The legal definition of faulty performance and defect removal contractor. Identifying and measuring the extent of defects of work. Draft awards resulting defective performance by the contractor and awards removal caused defects.
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