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Contract of sale and selected related issues of contract law according to Act No. 141/1950 Coll., Civil code, in comparison with recent legislation
Mužík, Vít ; Šouša, Jiří (advisor) ; Soukup, Ladislav (referee)
Contract of sale and selected related issues of contract law according to Act No. 141/1950 Coll., Civil code, in comparison with recent legislation Abstract The thesis deals with the contract of sale and other selected legal institutes of contract law according to the Act No. 141/1950 Coll., the Civil Code (hereinafter "OZ 1950") while comparing them with the recent legislation contained in the Act No. 89/2012 Coll., the Civil Code. The contract of sale is generally one of the most important means of realizing the autonomy of the will of the subject bearing rights and obligations, moreover it is one of the most frequent ways of transferring ownership. The thesis offers a critical view of the legal regulation of legal institutes in both mentioned codes, when at the same time, both positive and negative aspects of the given legal regulations are pointed out. On this count, in relation to the recent legal regulation, some considerations de lege ferenda are stated, and furthermore some inaccuracies in the prevailing current evaluation of the OZ 1950 are also noted. The legal institutes that are mentioned in this thesis are e.g., legal act, its requisites and defects, the concept of contract and obligation with their theoretical definition, the principles of contract law or certain issues of tort lawin...
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The Liability for the Non-Conformity of Goods in a Consumer Contract of Sale
JANOUŠKOVÁ, Aneta
This bachelor thesis deals with the analysis of rights and obligations arising from the defective performance in consumer relationships, especially from the contract of sale. This thesis analyses basic institutes connected to the nonconformity of the contract of sale according to the new Civil Code, which came into full effect on January 1, 2014 and compares them with the EU regulations on which the regulation in the Civil Code is based. Furthermore, the text defines elementary terms, it includes a division of defects, specification of rights from a defective performance and other rights that are beyond the defective performance. The thesis also deals with given principles and processes within the complaint procedure. The practical part of the thesis is focused on consumers using the questionnaire survey to examine the awareness and knowledge of their rights.
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Internet business transactions with an international element
Hůlka, Tomáš ; Brodec, Jan (advisor) ; Růžička, Květoslav (referee)
This thesis deals with issue of Internet transactions in relation to the private international law, particularly with recent sources of law that govern cross-border sale. The thesis is divided into three parts. The first part addresses general issues of Internet transactions, namely the relationship between the Internet and the law, identification of subjects on the Internet, attributability of legal effects caused due to operation of electronic agents and last but not least electronic contracting, especially delivery of electronic communication and technical methods of presentation of terms and conditions by Internet service WWW. Part two provides analysis of the most important sources of law that govern cross- border sale at the private international law level, particularly those that are part of the Czech legal system, namely the United Nations Convention on Contracts for the International Sale of Goods, the regulation Rome I and the Act no. 91/2012 Coll. (the act governing private international law) and beside those also relatively new unified substantive rules governing some issues of formation and performance of contracts electronically contained in the United Nations Convention on the Use of Electronic Communications in International Contracts. In the analysis is addressed whether and what...
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Contract of sale in czech law
Růžek, Lukáš ; Švarc, Zbyněk (advisor) ; Žák, Květoslav (referee)
The very purpose of this thesis is a legal analysis and comparison of codifications of contract of sale in particular acts. The first part of this thesis concerns czech private law (czech civil and business law), and it deals with both current and future statutes. The second part is dedicated to contract of sales either in international private law and written law of a few countries (Germany, Austria, Slovakia).
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Sale of company or its part
Novotná, Barbora ; Martiník, Karel (advisor)
This dissertation deals with the sale of a company or its part - in terms of law, accounting and taxes. Each of the two parts is devoted to a particular area. The first part is devoted to the sale of a company or a part of it from a legal point of view. Defines important terms, which are closely related to the sale of a company or its part as it is provided in the commercial code -- and deals with the rights and obligations of the seller. The second part is focused on the sale and purchase of a company or its part from the persective of accounting and taxes, whereas the first chapter is dedicated to the issue in general in terms of accounting and tax laws. Next chapter explains the sale and purchase of the company or its parts, depending on the income tax. Following chapters are focused on the sale or purchase of a company or its parts in connection with other significant taxes in the Czech Republic and on their impact on the issues examined. The last chapter is a summary of the most important, what should the seller and buyer know and manage.
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Price and terms of payment in the contract of sale
Bolotov, Ilya ; Malý, Josef (advisor)
Due to important differences and risks in international trade, firms pay due attention to the legal background of their contractual relationships. To do this, they use a variety of contracts, the most important of which is the contract of sale. In this paper I will analyse two requisites of a contract of sale: the price and the terms of payment. The first part of the paper deals with the examination of the regulation of these requisites in the law of five selected countries and in the international law (the United Nations Convention on Contracts for the International Sale of Goods). In the second part I will compare two concrete contracts of sale and assess their quality. The last part is then devoted to the definition of the main problems of the examined regulation and to the search of their possible solutions.
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