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The principle of fair business transactions
Gajdíková, Markéta ; Eichlerová, Kateřina (advisor) ; Liška, Petr (referee)
- The Principle of Fair Business Transactions The submitted thesis called The Principle of Fair Business Transactions deals with assessment of impacts of private law's recodification on this principle and the issue of its application. The thesis consists of two main parts - theoretical and analytical. The theoretical part is divided into general and specific. The general theoretical part focuses on the specification of the business principle and its emplacement among other similar private law's principles such as principle of good faith and fair dealing and good manners. The aim of this part was to define divergences of each of the principles and the aftermaths of breaking these principles. It is impossible to go through the topic of the principle of fair business transactions globally, especially due to the extensiveness and variety of usage of the principle in business law relationships. Therefore, special attention has been paid to the principle of fair business transactions in the field of contractual penalty in the next theoretical part. In the analytical part, I endeavour to deal with the issue of the exercising of the right of a contractual penalty. In the first part, there is a short discourse on the contractual penalty itself, definition of an inadequate amount of the contractual penalty...
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Use of commercial terms in consumer contracts
Beláková, Zuzana ; Patěk, Daniel (advisor) ; Josková, Lucie (referee)
Use of commercial terms in consumer contracts Abstract The topic of this thesis is the use of commercial terms in consumer contracts. The issue is relevant, as it falls within the scope of the protection of consumers, which is one of the most recent trends in private law. The main aim of the thesis is to analyse the legal regulation of the use of commercial terms in consumer contracts and evaluate the possibility of negotiating contractual penalties in commercial terms in consumer contracts. This thesis is divided into four chapters. First chapter concentrates on the sources of legislation, which can be divided into private and public. The constitutional foundations of consumer protection are briefly subjected to an analysis, as consumer protection does not fall only within the sub-constitutional level. Neither Constitution nor the Charter explicitly work with the term consumer protection, but it results from a conflict of autonomy of will and the principle of equality. In this chapter, attention is also paid to the development of consumer protection and the impact of European Union law on this issue. In the second chapter of this thesis, attention is paid to the analysis of basic terms such as consumer, entrepreneur or consumer contract and attention to the issues that may arise during their interpretation...
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Contractual penalty
Kmoníčková, Klára ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
Contractual penalty The theme of this thesis is the contractual penalty. The contractual penalty is an ancient institute, a similar legal instrument was already known in Roman Law. In our territory an equivalent of the contractual penalty can be already found in municipal law in the 16th century. The fact that contractual penalty has been used for such a long time illustrates its doubtless importance and its necessity for Law of Obligations. Nowadays contractual penalty still plays an important role and it is frequently used in contracts. The aim of this thesis is to analyse current legal regulation of the contractual penalty in the Czech Republic, including the relevant case-law and literature. The purpose is also to point out the difference in opinions about some particular issues or practical problems. The thesis focuses primarily on amount of the contractual penalty and a discretionary power of a judge to reduce an excessive contractual penalty. The thesis does not forget to deal with other topics relating to the contractual penalty. This thesis consists of 11 Parts, some of these Parts are divided into the Chapters or Points. The thesis summarizes a historical development of the contractual penalty in its first Part. The second Part of the thesis concerns with a systematic classification of...
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Contractual penalty as a means of corroboration of a debt in business relations
Palan, Ondřej ; Černá, Stanislava (advisor) ; Patěk, Daniel (referee)
Contractual penalty as a means of corroboration of a debt in business relations The theme of this Masterʼs degree thesis is the contractual penalty as a means of corroboration of a debt in business relations. The author has chosen this topic because the contractual penalty is a traditional private institution, which enjoys great popularity for its function and relative simplicity of negotiation in current practice. The contractual penalty improves a creditorʼs status. It makes a borrowers fulfil their confirmed obligation since in case of its violation, they would have to provide the creditor with performance representing both generalized compensation of the damage and a penalty. In spite of a frequent use of the contractual penalty, its legislation is rather brief and does not cover all problematic aspects. The relevance of the topic increased with recodification of the private law. The main aim of the thesis is to explore legislative changes and their impact on selected problematic aspects of the contractual penalty using chosen methodology. The thesis explains whether legislative changes solve existing problems of the contractual penalty or not, what new questions in the context of the a contractual penalty arise and to what extent the conclusions of judicial decision-making practices are still...
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Conctractual penalty
Tautrman Atanasovská, Pavlína ; Hendrychová, Michaela (advisor) ; Elischer, David (referee)
PhD thesis Contractual penalty concerns legal regulation of the contractual penalty in the Czech legal order and focuses on the most frequent application problems, which co- contractors at agreement on contractual penalty are faced with. Introductory chapters put emphasis on an interpretation of the term contractual penalty itself and on legislation genesis from the ancient Rome time to the present legal regulation of the contractual penalty included in Act N.89/2012 Sb., the Civil Code. The following chapters deal with some questionable aspects of an agreement on the contractual penalty, such as the form and the content of agreement, amount of the contractual penalty and its adequacy. The final part of the thesis describes legal regulation of the contractual penalty in the Republic of Croatia and in the Republic of Macedonia to a reader. This passage of the thesis takes into account also results of decision-making experiences of courts in the Republic of Croatia and in the Republic of Macedonia.
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Legal consequences of a breach of contract in civil law
Antošová, Eliška ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic of this Master's degree thesis is "Legal consequences of breach of contract in civil law". The aim of this thesis is especially to analyse the legal consequences of the breach of contract under civil law. The text is divided into six chapters. Each chapter characterizes the particular consequence of the breach of contract. Each chapter also shows main differences and and possible advantages or disadvantages its enactment in the new Civil Code that came into effect on 1st January 2014. The first chapter deals with the pre-contractual liability. This chapter includes description of the pre- contractual negotiation and its main elements recognized within the framework of the Czech legal system. The chapter two analyzes aspects of delay in civil commitments in the law system of the Czech Republic with focus on the consequences a delay may cause. The third chapter explains essential points of the withdrawal from a contract. The fourth chapter describes and analyzes the legal institute of liability for defects, the issues regarding the liability for defect, its impact and also mentions some practical aspects related to it.Chapter five deals with the civil liability for damage. The aim of this chapter is to provide a basic overviewand to clarify crucial aspects of this legal institute. Chapter six...
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Application issues of contractual penalty
Proněk, Martin ; Patěk, Daniel (advisor) ; Černá, Stanislava (referee)
The thesis deals with a contractual penalty as an institution of private law. Thanks to the simple application of contractual penalty, it has become a traditional way of ensuring of debts which is frequently used as an instrument for strengthening the cre- ditor's position. Considering the growing non-formality of legal relations in current society, it is possible to expect the increase of contractual penalty's importance in future. The aim of this thesis is to explore the institution of contractual penalty with focusing on actual application issues which arise from its practical use. The thesis relates to the current legislation on contractual penalty of the Czech Civil Code, Act No. 89/2012 Coll. With regard to the nature of the topic, the thesis concentrates on the case law and the comparison with the previous legislation. In this way the legal development is reflected as well. The work consists of five chapters. The first chapter deals with the legal institution of contractual penalty in a general way, outlining the concept and functions of contractual penalty. This chapter also examines the current legislation on contractual penalty and the comparison with the previous legislation and the European legislation. In the second chapter, the thesis refers to the contractual penalty's negoti- ation...
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The principle of fair business transactions
Gajdíková, Markéta ; Eichlerová, Kateřina (advisor) ; Liška, Petr (referee)
- The Principle of Fair Business Transactions The submitted thesis called The Principle of Fair Business Transactions deals with assessment of impacts of private law's recodification on this principle and the issue of its application. The thesis consists of two main parts - theoretical and analytical. The theoretical part is divided into general and specific. The general theoretical part focuses on the specification of the business principle and its emplacement among other similar private law's principles such as principle of good faith and fair dealing and good manners. The aim of this part was to define divergences of each of the principles and the aftermaths of breaking these principles. It is impossible to go through the topic of the principle of fair business transactions globally, especially due to the extensiveness and variety of usage of the principle in business law relationships. Therefore, special attention has been paid to the principle of fair business transactions in the field of contractual penalty in the next theoretical part. In the analytical part, I endeavour to deal with the issue of the exercising of the right of a contractual penalty. In the first part, there is a short discourse on the contractual penalty itself, definition of an inadequate amount of the contractual penalty...
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Contractual penalty as a means of corroboration of a debt in business relations
Novotný, Jan ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
The thesis deals with contractual penalty as a means of corroboration of a debt in business relations. The topic was chosen by the author primarily because of the fact that contractual penalty is a traditional institute of private law. It is frequently used in the law of obligations as an instrument of corroboration of a debt. Therefore its application improves the position of creditor. The aim of this thesis is to scientifically describe and analyze institute of contractual penalty as frequently used tool of corroboration of a debt in the context of the current, relatively new legislation. The work is based on rules of the Civil Code effective since 1. 1. 2014. At the same time, there is a great emphasis on jurisprudence. The work also abounds comparison with the previous legislation, which aims to capture the development of the concept of contractual penalty. The thesis focuses on the most important issues related to the penalty clause. At the same time it offers a comparison with the English legislation in the last chapter. This comparison is particularly interesting due to the diversity of the legal system in the Czech Republic and the legal system in England. The work is divided into eight main chapters, which are divided into subsections according to the content of the topic. The first...
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Claims arising from the breach of a contractual obligation (in private law relationships)
Kašová, Lenka ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
Claims arising from the breach of a contractual obligation (in private law relationships) The topic of this Master's degree thesis is "Claims arising from the breach of a contractual obligation in private law relationships". The aim of this thesis is especially to outline the claims that may arise to the contractual party in case the other party breaches its contractual obligation. The text characterizes the particular claims, compares them mutually and subsequently shows their main differences. Each chapter contains an important passage focused on legal enactment of particular claims in the New Civil Code that comes into effect on 1st January 2014. The thesis is composed of four chapters, each of which deals with one legal institute that may be considered as a consequence of the breach of contract, namely the liability for default, the liability for damage, the contractual penalty and the liability for defects. The chapter One analyzes situation when the debtor breaches his duty to perform duly and in due time. The purpose of the chapter Two is to describe the essential preconditions for occurrence of the liability for damage, to provide with information about scope and methods of damages including (im)possibility of contractual limitation of damages under Czech law. The second chapter also...
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