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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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Contractual penalty under the Commercial Code (with focus on the discretionary power of a judge to reduce a contractual penalty)
Mináčová, Michala ; Patěk, Daniel (advisor) ; Klee, Lukáš (referee)
Contractual Penalty under the Commercial Code (with focus on the discretionary power of a judge to reduce a contractual penalty) Contractual penalty is a concept frequently used by the parties to consolidate the position of the creditor as well as to motivate the debtor to fulfill the obligation as agreed. Not different from the other institutes of private law, the practical application of contractual penalty arises many questions with no uniform answers. The purpose of the thesis is to analyze selected contentious issues concerning the contractual penalty, especially discretionary power of a judge to reduce its unreasonable amount, to confront controversial theoretical opinions as well as non-conforming conclusions drawn from the juristic theory and established practice of the courts and add own opinion on the discussed matters. The paper does not include the exhaustive construction of contractual penalty, and therefore the general aspects are outlined only to the necessary extent. Greater attention is paid to the creation and existence of the right and claim to the contractual penalty. The study shifts the focus on the discretionary power of a judge to mitigate its inappropriate amount comprising different opinions on the related issues. The concept of contractual penalty has been used in private...
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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 penalty and late payment interest in the private law
Hrmová, Monika ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
The thesis "Contractual penalty and late payment interest in the private law" deals with the relevant current Czech private legislation of the contractual penalty and late payment interest. Then this thesis tries to compare many aspects of the contractual penalty and late payment interest and concentrates on problems resulting from it. After this thesis examines the legal regulation of the contractual penalty and late payment interest "de lege ferendae" and refers to the possible solution of problematic aspects in the bill of the new Czech Civil Code. The last chapter of this thesis is devoted to the character of the contractual penalty and late payment interest in the European law and Francophone law systems.
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Contractual penalty under the Commercial Code
Kratochvíl, Vladimír ; Patěk, Daniel (advisor) ; Elek, Štefan (referee)
Contractual penalty under the Commercial Code Summary The theme of this Master's degree thesis is Contractual penalty under the Commercial Code. Author chose this topic because contractual penalty is important and very often-used institute through which parties to the contract can secure their obligations. This instrument should guarantee that the debtor would perform his main (primary) commitment to the creditor. If not, he may be punished for a breach of the contract even if there won't arise any damage (loss) on the creditor's side. This fact represents considerable advantage over other similar institutes. The study is focused on issues of contractual penalty in commercial relations, specifically in a situation when both parties to the contract are businessmen and they entered into agreement in connection with their business. However the legislation of the instrument is relatively brief (articles 544 and 545 of the Act No. 40/1964 Coll., The Civil Code and articles 300 to 302 of the Act No. 513/1991 Coll., The Commercial Code, which includes a special regulation for business relations), many questions and uncertainties can be found. Many of them were resolved by adjudications but there are still problematic aspects. Author focuses on their solutions and tries to give response, which will be satisfactory...
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Default of time in business transactions and its consequences
Kolář, Ondřej ; Patěk, Daniel (advisor) ; Oehm, Jaroslav (referee)
Delay in commercial commitments and its consequences The purpose of the thesis is to describe all the aspects of delay in commercial commitments in the law system of the Czech Republic with focus on the consequences a delay may cause. Even though the history of the respective legislation is long and uninterrupted (it basically dates back to the Austrian General Civil Code from 1811), certain cases of indistinct interpretation in every-day use of the rules may still arise and that is the reason for elaborating the research. Legislation, expert interpretation of the legislation, papers from professional journals and a number of judicatures, mostly decisions of the Supreme Court of the Czech Republic, are used to thoroughly analyse the topic. The Czech Commercial Code recognises two general kinds of delay - debtor's delay, which occurs if the debtor does not fulfil their (usually contractual) duties in time and/or properly and creditor's delay, that is initiated by the creditor if they do not accept proper fulfilment from the debtor and that supersedes the debtor's delay, if it may be in place. In case of the debtor's delay the law automatically guarantees the creditor several rights. They have the right to insist on the proper fulfilment to be delivered or they are entitled to cancel the contract, if...
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Receivables at a Corporate Enterprise
Lečbychová, Vendula ; ing.Božena Okénková (referee) ; Fedorová, Anna (advisor)
My bachelor’s thesis deals with the topic of receivables from business relations. Based on the facts found out by the analysis of receivables in the chosen business organization, I recommended measures that might make receivables management system more effective. To ensure accurate records of receivables after due date in accounting books, I designed a suitable mode of creation of rectifying items for the business organisation.
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Contractual penalty – the frequent type of security
Šedová, Klára ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
Contractual penalty is an effective and in practice often used type of security. However, we cannot consider the Czech legal regulation of the contractual penalty as ideal and there have been many difficulties connected with the application of this instrument. The thesis aims at clarification of the functions of contractual penalty, conditions for its valid and effective creation and consequences of the excessive sum of contractual penalty. Furthermore, the thesis focuses on the relation between contractual penalty and other legal instruments and finally also on comparison with other types of security. Main legal sources of the final thesis are court decisions, especially judgments of the Supreme Court of the Czech Republic. In the thesis there are used methods of historical and comparative interpretation.
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