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Sale of goods in shops in the process of reform (new directive to regulate sale of goods and its implementation in Czech law)
Fárník, Tomáš ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
Sale of goods in shops in the process of reform (new directive to regulate sale of goods and its implementation in Czech law) Abstract The thesis analyzes the directive of the European parliament and Council (EU) on certain aspects of contracts on the sale of goods and its transposition into Czech law. Since both the directive and the implementing national legislation have yet to enter into force, the thesis also reflects on the law currently applicable, highlights possible issues and answers the question whether these will be solved, deepened or whether the directive shall give rise to new issues altogether. Part one deals with the scope of application of the rules set out in the directive. The national legislature has chosen to limit the personal as well as material scope of the application of the special provisions of the Civil Code concerning the sale of goods in shops (newly "the sale of goods to consumers"). Rules contained in the directive shall in the future apply only to the sale of movable material goods, provided the person buying these goods is a consumer. The currently very broad application of these provisions, which consider the "sale of goods in shops" to include not only the sale of immovable property, but under certain circumstances also the sale of goods to other entrepreneurs, is being...

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