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Culpa in contrahendo
Kolářová, Kateřina ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Culpa in Contrahendo Resumé The aim of this degree work is to introduce the institute of pre-contractual liability and its practical application. The work focuses on the position of this institute in the Czech legislation, its classification in the system of laws before the recodification of civil law, and its express regulation in Act No. 89/2012 Coll., Civil Code. Much attention is devoted to rulings of the Supreme Court of the Czech Republic and its approach to the application of pre-contractual liability in specific cases. The degree work is divided into seven chapters. The first chapter defines the term 'Culpa in contrahendo', describes its origin in the work of a German jurist of genius, Rudolf von Jhering, and outlines the origin of the institute in Roman law. In this chapter is also a description of the first case of pre-contractual liability, 'Linoleumfall', which was resolved by the Imperial Court. The chapter also contains an overview of instances of pre-contractual liability embodied in foreign judicial codes. The second chapter describes the regulation of pre-contractual liability in the Czech body of laws before the recodification of civil law with illustrations of individual facts in issue formerly contained in Act No. 40/1964 Coll., Civil Code, and Act No. 513/1991 Coll., Commercial Code....
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