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The change of circumstances and its impact upon the duration of obligations
Kašpar, Jakub ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Change of circumstances and its effect on a duration of an obligation In particular cases, an unexpected supervening event may substantially affect original equilibrium of a contract, or make the performance for one of the parties much more burdensome, so that it would be greatly unjust to hold the parties to their obligations. In such situations, when the performance of one of the parties has become much more onerous, a conflict may rise between the classical principles of contractual freedom, sanctity of the contract, certainty of the law and pacta sunt servanda, on the one hand, and principle of contractual fairness, equity and good faith on the other. Pacta sunt servanda, principle accepted by most of developed legal systems, determines that obligations which are validly concluded, must be fulfilled, parties are bound by their agreement. In case of change of circumstances, this may lead to situations, when it would be unjust to hold the debtor to the obligation. This makes the topic of the thesis very controversial and polemic. The topic of this thesis is a change of circumstances and its impact on an existing obligation. The aim of the thesis is to focus and describe relevant legal doctrines, institutes, and possible solutions of the problem. Another purpose is to analyze different legislations and...
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Unfair terms in consumer contracts in the scope of the Council directive 93/13/EEC
Fabian, Petr ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
- Anglický jazyk Unfair terms in consumer contracts in the scope of the Council Directive 93/13/EEC The protection of consumer against unfair terms in consumer contracts was enacted to our legal order by the transposition of the Council Directive 93/13/EEC, on unfair terms in consumer contract. Until the day of the entry of the Czech Republic to the European Union, there was no legal regulation of the unfair terms in the Czech Republic. Firstly, the aim of this thesis was to evaluate the pros and cons of the Council Directive 93/13/EEC. Consequently this thesis deals with the detailed analysis of the transposition of the directive to the legal order of the Czech Republic. As for the questions de lege ferenda, from this point of view thesis proposes the way of elimination of the lacks of the Council Directive 93/13/EEC and the lacks of the regulation of unfair terms in the valid Czech Civil Code. In the case of the new Civil Code the thesis deals mainly with the questions of conformity of the new Civil Code to the valid Council Directive 93/13/EEC and also deals with the future evolution of the consumer law at the level of the European Union. This thesis also compares the way of transposition of the Council Directive 93/13/EEC in the Czech Republic with the way of transposition of this directive in...
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Insurance Policy and the Legal Expenses Insurance
Beran, Tomáš ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee) ; Vychopeň, Martin (referee)
1.Summary - review in English The above-mentioned work comprises of two basic issues that are connected together, namely commentary on Insurance Policy Act as general introduction into the field of insurance policies and consequent and special issue of legal expenses insurance interpretation. The basic meaning of it was to introduce not only the provisons concerning insurance policies, but also to show one of the insurance policies type in details, what could be hardly possible or satisfactory without preceding description of the Insurance Policy Act. Thus, complete summary of this work will be divided into two parts; first would be the part concerning Insurance Policy Act and second would be the part concerning legal expenses insurance. 1.1.Insurance Policy Act - Summary The first part of this work concerned, as mentioned above, the Insurance Policy Act, whereas my primary aim was to interpret provisions of this act that were worth it and point out namely on imperfections of the existing legislature. It wasn't and wouldn't be of any significant value just to copy and paste individual provisions of the act, therefore, this work aimed primarily on introduction of new ideas and as a basis for that served a confrontation with the actual wording and its interpretation, whereas plain consent with what was...
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The Maintenance Obligation
Dlouhá, Markéta ; Hendrychová, Michaela (advisor) ; Dvořák, Jan (referee)
The Maintenance Obligation Resume The thesis is concerning maintenance obligation issue whereas is taking into account all categories of the maintenance obligation. The maintenance obligation is one of the family law juridical institutes that includes number of correlative rights and duties and applies to anyone whether in the position of obligor or obligee. The thesis is aimed to compare legal regulations related to the maintenance obligation presented in the Act no 94/1963 of the Coll. on family, as amended by subsequent acts, with legal enactment in Act no 89/2012 Coll., Civil Code, as amended by subsequent acts. First chapter of the thesis highlights basic terms of the problem as the alimony and the maintenance obligation, and also explains the function of the maintenance obligation. Next chapter of the thesis introduces legal regulation related to the maintenance obligation from historical view and focuses on the legal regulation in the Civil Code 2012 and the reasons of its enactment. As next, the thesis summarizes individual categories of the maintenance obligation and follows mutual relations among them. The thesis also specifies basic condition for the duration of the maintenance obligation and also particular criteria for the formulation of the extension concerning maintenance obligation, that are...
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Community property of spouses - termination and settlement comparison of the German legislation
Štěpánková, Martina ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee)
The thesis provides a comprehensive treatise on the institute of community property of spouses under current law, with an emphasis on its termination and settlement. The thesis analyzes particularly the ways of termination of the community property of spouses, which can occur with the dissolution of marriage or within its duration. It examines the subject of the settlement, the principles and methods of the settlement and also deals with selected specific situations in case of the settlement of defunct community property of spouses. The thesis also deals with the institute of the community property of spouses according to the new legal framework effective from 1 January 2014, when it highlights the fundamental changes. And last but not least, the thesis compares Czech regulation of the community property of spouses and German regulation of the matrimonial property law.
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Ownership acquisition
Pitrák, Jan ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
This paper deals with the means of ownership acquisition as defined in Civil Codes applicable within the contemporary Czech Republic. The comparison of individual means of acquisition defined in civil codifications provides an overview of the development of this institution over the past two hundred years, a pertinent issue nowadays, taking the way in which the institution has been defined in the New Civil Code into account. The paper describes the acquisition means of the right to property in individual Civil Codes and does not leave out historical events impacting the ownership relationship which were reflected in legal regulations concerning property acquisition. Therefore, it provides basic information on the development of the means of acquiring the right to property and its anticipated future form.
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The Purchase Agreement
Horváth, Marian ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
2 Abstract The subject-matter of this thesis is the analysis of legal regulation concerning purchase contracts which, in functional market economy, represent the most important relations based on legal obligations between individuals who are non-entrepreneurs, and also the most frequent contracts of transfer of ownership rights. The thesis aims to make a detail survey of legal regulation of purchase contract in general terms. The work is divided into two basic parts. The first part deals with the current legal regulation of purchase contract as defined by the civil law. The other part deals with codification issues of private law, including civil-law codification of purchase contract which will enter into effect in the Czech Republic on 1 January 2014, and focuses mostly on the changes in legal regulation of purchase contract. Key words: purchase contract, commercial purchase contract, non-commercial purchase contract, seller, buyer, subject-matter of the purchase contract, purchase price, ownership, collateral arrangements.
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Lease of a flat - comparison of Czech and Polish legal regulation
Hajžin, Lukáš ; Salač, Josef (advisor) ; Dvořák, Jan (referee)
This thesis deals mainly with legal regulation of rental housing in Czech Republic and Poland and comparison of the legal regulation of rental housing and rent regulation in both countries. The thesis starts with the brief in rights to housing in the important international documents and its regulation in national law in Czech Republic and Poland. Then follow the analysis and comparison of legal regulation of rental housing in Czech Civil Code and Polish Civil Code. In following chapters there are the detailed analysis of the decision made by European court of human rights in Strasbourg in case Hutten-Czapska vs. Poland and its affect on legal regulation of the rental housing, regulation of the limitation of rent in flat and the support of rental housing in Czech republic and Poland. Next chapters deal with rights and obligations defined in Polish Act to defense the users of flats, Dz.U. Nr 133, poz. 654. Last chapter is focused on social housing in both countries.
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The substitution of parties to the legal relationship in relation to renting apartments
Hejhal, Zdeněk ; Dvořák, Jan (referee) ; Pohl, Tomáš (referee)
The substitution of parties to the legal relationship in relation to renting apartments The contract of rental, the renting apartments, the landlord, the tenant Executive Summary The aim of the thesis is to describe the legal relationship aspects arising in relation to the substitution of parties to renting apartments, with the focus being on substitution initiated by the tenant. The key reason for choosing this topic is the author's personal experience with dealing with the issues that arose as a result of the transfer of rights and obligations pertaining to renting of an apartment of the author's acquaintance, his experience gained during the assistance at the civil proceedings held by district court for Prague 3, the fact that renting is currently an issue of great significance in the Czech law system, and also the increasing number of people living in rented apartments. The thesis comprises ten chapters, each of them considering different aspects of the issues involved. Having provided the background information to the reader in the introductory chapter, the first chapter considers the historical framework of renting apartments. The chapters explores the renting of apartments in accordance with Roman law throughout the Middle Ages up to the present Czech legal regulations, including the rental agreement...
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Contract for Work
Flachsová, Liběna ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee)
1 Abstract Contract for Work The purpose of my thesis is to analyse the regulation of contract for work in Act No. 89/2012 Coll., the Civil Code. The thesis is composed of two parts. The first one contains historical background and the second one deals with the current regulation. The second part is subdivided into eighteen chapters. References to Act No. 40/1964 Coll., the Civil Code, and Act No. 513/1991 Coll., the Commercial Code, are also made within the analysis of current regulation. The Draft Common Framework of Reference is mentioned at relevant points and for comparison with foreign regulations the law of the United Kingdom of Great Britain and Northern Ireland and the law of Germany were selected. Chapter one deals with definition, object of work and it is pointed out that the result of work does not have to be of a physical substance. In the second chapter, the contract for work is distinguished from the other types of contract. A separate chapter deals with the form and it is followed up by the chapter on pre-contractual obligations. The fifth chapter concentrates on transfer of risk and ownership title. The following chapter focuses on costs of performance of work and straight afterwards a chapter dealing with the price for work is placed. This one is a bit longer, because it is a very...
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