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Good morals and public order as the limits of the autonomy of will in civil law
Vopěnková, Tereza ; Dvořák, Jan (advisor) ; Elischer, David (referee)
1 Abstract This thesis deals with the principles of good morals and public order focusing on their role function as limits restricting the autonomy of the will. Although both principles are vague legal concepts, this thesis doesn't seek to define exactly not even cover all the practical possibilities of their application. The aim of the thesis was to bring the possible content of these principles and to highlight their importance in assessing the validity of legal actions or to specify further consequences of legal conduct, which would be contrary to these principles. The view on this topic is primarily from the Czech law perspective. On exemplary and a limited number of legal institutes, this thesis tries to capture the possibilities of using good manners and public order as correctives of autonomy of will. The thesis is divided into eight chapters. The theme of the first chapter is the principle of autonomy of the will and its position in the Czech legal order. Such introduction was begun for the purpose primarily for understanding the whole thesis and to highlight the importance of this principle for the functioning of a democratic society. The second chapter deals with the principle of good morals. Different opinions on the content of this term are closer specified. Furthermore, this section discusses...
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Representation
Horčičková, Anna ; Dvořák, Jan (advisor) ; Elischer, David (referee)
1 Abstract Representation This thesis concerns the institute of the representation in effective legislation of civil law particularly in the Act no. 89/2012 Coll., Civil Code. This institute is very important for each person, no matter it's age or profession, because everybody in his live needs to use the representation. Not only have I focused in my thesis on the part of the Civil Code which is called representation, but also on the other parts that contain representation as well. My thesis is divided into nine chapters, in which I am dealing with representation based on the decision of the court as well as the contract or the law. At the beginning my thesis describes historical basis of representation and also short glimpse to the previous legislation. The next chapter deals with chosen types of the representation that are not regulated in the chapter III of the Civil Code, but I also consider them as really important and very useful in practice. The most of the thesis is focused on the part of the Civil Code that is named the representation. Firstly general provisions are described where I specially focus on the power of attorney, its form and necessary provisions. In the representation based on contract belongs also procuration, where I included its origin, its extent, form and termination. The thesis...
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Selected aspects of consumer contracts
Borovička, Miloš ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Selected aspects of consumer contracts Abstract: This thesis occupies selected aspects of consumer's contracts. It focuses on the phenomenon of commercial terms and conditions, their unilateral changes, the adhesion method of negotiating contracts and related customer protection against the abuse of standardization and simplification of the process of negotiation and conclusion of contract amendments. The second part focuses on the process of concluding a distance contract with a consumer and it discusses the different phases of the process of concluding agreements and the practice of deviation from standard procedures foreseen by law on a practical example of an e-shop. The aim is to evaluate the current legal situation and its development regarding to the transposed European directives and adumbrate the interpretation of certain provisions.
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