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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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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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Contractual penalty as an instrument of confirming a debt in commercial relations
Hořenín, Radim ; Černá, Stanislava (advisor) ; Liška, Petr (referee)
Contractual penalty as an instrument of confirming a debt in commercial relations. The Master degree's thesis is concerned with contractual penalty. The topic was chosen because contractual penalty has been an important often-used instrument of confirming debts for many years. Through its functions, it contributes to compliance with the fundamental principle of private law - "pacta sunt servanda". The aim of the study is to analyse and assess contractual penalty on the basis of valid Czech law, related judicial decisions and professional literature chiefly with the use of language, logical, systematic and teleological method of legal reasoning. The text is based on the Act No. 89/2012 Coll., The Civil Code, which is to become effective on 1st January 2014. The Act's legal rules are compared to the former ones so that the changes of law can be described as a result of recodification of private law. The thesis is focused on the most important and the most discussed issues regarding contractual penalty. Chapter one is devoted to general characterization of contractual penalty with respect to its functions and accessory character. Chapter two deals with the prerequisites for commencement of the claim on contractual penalty - a valid and proper agreement on contractual penalty and a breach of the secured...
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Contractual fine
Vernerová, Martina ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
A Contractual fine Keywords Contractual fine, damages Summary The aim of this Master's degree thesis is to analyze the usage of contractual fine in civil-law relations. This essentially very useful institute is used in almost every possible contract although often without proper knowledge or sometimes even without good intention. The main goal of this study therefore may be simply to provide parts of the contract with a guide called "How to arrange (not)valid contractual fine". The thesis is composed of six chapters, each of them dealing with different aspects of the contractual fine. Chapter One searches for the best available definition of contractual fine both in specialized literature and in injudicial sources and points out differences in point of view of the authors. Chapter Two deals with the purpose of contractual fine and hierarchy of its functions in order to provide deeper understanding of situations suitable for arranging a contractual fine. Chapter Three focuses on the basic characteristic of contractual fine mainly in contrast to the attributes of punitive interests which is the institute of some similar functions. The Chapter also examines the questions of concurrence of these important institutes. Chapter Four examines relevant legislation both in Civil and Commercial Code, explains the...
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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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Financial insolvency of the firm and methods of solution to this problem
Kinclová, Klára ; MBA, Vlastimil Kučera, (referee) ; Rais, Karel (advisor)
Master’s thesis "Financial insolvency of the firm and methods of solution to this problem" deals with management of receivables. The first part describes tools which can be used for the management of receivables after maturity or prevention before this type of receivables. In the second part the work is focused on management of receivables in the company. In this section the current status of this area in the company is summarized and more types of debt collection are proposed. Finally, ideas for improvement of management of receivables are suggested, e.g. in the area of client communication by sales representatives. Recommendations are also made for tools usage, e.g. sale of bad debts of transfer of risk to other subject.
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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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