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International contract of sale
Chvojka, Michal ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
International Sales Contract Abstract The thesis deals with the issue of liability for a breach of an international sale contract in case the fulfillment of a contractual obligation is prevented or made significantly more onerous by events beyond the control of contracting parties. The aim of the thesis is to determine whether the United Nations Convention on Contracts for the International Sale of Goods (hereinafter referred to as the "CISG") also applies to hardship, which is a situation where a change of circumstances causes a fundamental imbalance between the parties. Firstly, the thesis covers general topics related to the international sales contract and the CISG as the most important source of law governing this area, while the attention is particularly aimed at its historical development and scope of application. This is followed by the chapter dealing with damages under the CISG together with an analysis of Articles 79 and 80, which regulate the liability exclusion of contracting parties including the conditions necessary for the application of these provisions. The second half of the thesis introduces the concept of hardship, its legal consequences and extension in national legal systems as well as at the international level. Then, specific theories concerning the relationship between a...
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International sales contract
Rada, Karel ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
International sales contract - Summary The topic of this thesis is an international sales contract. The aim of this thesis was to outline various ways of regulation of international sales contracts. Particular attention was paid to the United Nations Convention on Contracts for the International Sale of Goods and the emerging European legislation Common European Sales Law. The thesis is divided into three main parts. The first part provides insight into the history of the concept of contracts of sale and the definition of this term in Roman law. Following is a brief description of modern regulations on sales contracts. Also an international element is defined in the international sales contracts and basic elements of choice of law rules are discussed in the next section. The last section of this part is devoted to individual regulations regarding international sales contracts. These regulations are divided according to their origins into national regulations, international regulations, norms and rules of European law and the rules of international business transactions - lex mercatoria. The second part of this thesis deals exclusively with the United Nations Convention on Contracts for the International Sale of Goods, which is the most successful international treaty in the area of international sale of...
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International sales contract
Petráček, Vladimír ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
The purpose of my thesis is to analyse the scope of application of the UN Convention on Contracts for the International Sale of Goods ("CISG"). The reason for my research is the wide use of the CISG in international trade. Therefore, it is necessary to know exactly when the CISG is applicable. The thesis is composed of four chapters, each of them dealing with a different aspect of international sales contracts. Chapter One is introductory and defines the basic concept of regular and international sales contract in Czech law and legal literature, taking into account the upcoming recodification of the Czech Civil Code. Chapter Two examines the basic approaches of legal regulation in private international law. After a brief theoretical introduction, special attention is paid to various Czech and international legal instruments governing contracts for the international sale of goods. In Chapter Three, I explore the basic requirements for application of the CISG. Using scholarly literature as well as case law, I characterise the concepts of sales contract, goods, place of business, contracting states and party autonomy. Consideration is also given to the material scope of application of the CISG. The existence of controversial issues related to this question is shown on the topic of interest for any sum...
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International sales contract
Lauermannová, Irena ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
International sales contract The purpose of this diploma thesis was to analyse the term "fundamental breach" of international sales contract as defined in Art. 25 of the United Nations Convention on Contracts for the International Sale of Goods (hereinafter the " Vienna Convention"). The thesis is composed of introduction, conclusion and four chapters, each of them dealing with different aspects of the international sales contract and its breach. Chapter One is introductory and defines first international sales contract and Vienna Convention. The chapter is subdivided into two parts. Part One describes the characteristics of international sales contract. Part Two deals with history and characteristics of Vienna convention, and also explains the relationship between Vienna Convention and Regulation Rome I. Second chapter describes three interpretative principles specified in Art. 7(1) of Vienna Convention, i.e., a) regard to the international character of the Vienna Convention, b) need to promote uniformity in its application and c) the observance of good faith in international trade. The chapter consists of three parts. Part One focuses on regard to the international character of the Vienna Convention. It states, that the Vienna Convention should be interpreted autonomously, without reference to the...
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International Sales Contract: The principle of good faith under the United Nations Convention on Contracts for the International Sale of Goods
Večeřa, Matěj ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
60 Abstract The thesis is called International Sales Contract: The principle of good faith under the United Nations Convention on Contracts for the International Sale of Goods. The aim of the thesis was to outline the position of good faith in international trade together with a reference to its conception in different legal systems with special focus on continental and common law. The main aim of the thesis was to analyse the good faith principle under the United Nations Convention on Contracts for the International Sale of Goods (CISG). The author is trying to offer a theoretical basis for the realization of this analysis through the whole thesis. In doing so, the thesis describes, inter alia, historical development of the good faith principle under the CISG, related geopolitical problems and finally a comparison of the good faith principle under the CISG with other documents dealing with international trade is also included. In analysing the good faith principle under the CISG, the author focused mainly on the issue of different concepts and interpretations of this principle with an emphasis on the precise function of the good faith principle based in Art. 7 (1) of the CISG. The thesis was realized by using a descriptive method since the author used information obtained chiefly from the doctrine and...
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International sales contract and perspectives of its legal regulation
Koričanská, Marie ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Ondřej, Jan (referee)
The international sales contract is one of the most important and frequently used legal instruments in the area of international business relations. Despite its functional stability, it is subject of continuous interest of legal theory and practice through which the questions related to its legal regulation are tackled. Therefore, this thesis deals with international sales contract and the perspective of its legal regulation. Particularly, the aim of this thesis is to answer the question on how the regulation of international sales contract is developing with regard to the national and supranational law, especially the Act on international private law, the Vienna convention, the Rome I regulation and the CESL (Common European Sales Law). The thesis considers this question both from the entrepreneurs' and customers' point of view. Besides the general theoretical aspects of the international sales contract, the thesis also focuses on particular legal acts containing the most relevant regulation of international sales contract and the structure and framework of the thesis corresponds with this focus. The thesis is divided into five chapters, which are preceded by the introduction and followed by the conclusion. The core of the thesis is in chapter five, which analyzes partial aspects of current...
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International sales contract
Rada, Karel ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
International sales contract - Summary The topic of this thesis is an international sales contract. The aim of this thesis was to outline various ways of regulation of international sales contracts. Particular attention was paid to the United Nations Convention on Contracts for the International Sale of Goods and the emerging European legislation Common European Sales Law. The thesis is divided into three main parts. The first part provides insight into the history of the concept of contracts of sale and the definition of this term in Roman law. Following is a brief description of modern regulations on sales contracts. Also an international element is defined in the international sales contracts and basic elements of choice of law rules are discussed in the next section. The last section of this part is devoted to individual regulations regarding international sales contracts. These regulations are divided according to their origins into national regulations, international regulations, norms and rules of European law and the rules of international business transactions - lex mercatoria. The second part of this thesis deals exclusively with the United Nations Convention on Contracts for the International Sale of Goods, which is the most successful international treaty in the area of international sale of...
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International sales contract
Lauermannová, Irena ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
International sales contract The purpose of this diploma thesis was to analyse the term "fundamental breach" of international sales contract as defined in Art. 25 of the United Nations Convention on Contracts for the International Sale of Goods (hereinafter the " Vienna Convention"). The thesis is composed of introduction, conclusion and four chapters, each of them dealing with different aspects of the international sales contract and its breach. Chapter One is introductory and defines first international sales contract and Vienna Convention. The chapter is subdivided into two parts. Part One describes the characteristics of international sales contract. Part Two deals with history and characteristics of Vienna convention, and also explains the relationship between Vienna Convention and Regulation Rome I. Second chapter describes three interpretative principles specified in Art. 7(1) of Vienna Convention, i.e., a) regard to the international character of the Vienna Convention, b) need to promote uniformity in its application and c) the observance of good faith in international trade. The chapter consists of three parts. Part One focuses on regard to the international character of the Vienna Convention. It states, that the Vienna Convention should be interpreted autonomously, without reference to the...
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International sales contract: formation of internationals sales contract under the CISG
Gavrilova, Iva ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
The topic of this thesis is the international sales contract and its formation under the United Nations Convention on Contracts for the International Sale of Goods (CISG or the Vienna Convention). The Vienna Convention is the most significant and widely used legal instrument governing the international sales contract. The aim of this thesis is to highlight interesting aspects of the contract, carry out a deeper analysis of the regulation contained in the Vienna Convention, and to point out and clarify problematic areas. The thesis is composed of two major parts, with the first part essential to the understanding of the second. The first part deals with the basic provisions of the Vienna Convention. It briefly describes its creation, then its sphere of application. Within this part the term "international sales contract" is defined and distinguished from its domestic counterpart and also from the contract for services. The term "goods" is discussed in the context of this regulation. It then deals with the consequences of freedom of contract, the issue of gaps in the regulation and their filling and the interpretation of the regulation. Finally it discusses the question of trade usages, when the CISG differentiates between the usages and practices established between the parties on the one hand and...
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The sales contract in international business transactions
Masařová, Barbora ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
The topic of my diploma thesis is "The sales contract in international business transactions". The development of international trade is currently thriving, as evidenced by the fact that the significance of the international trade in the Czech Republic continues to grow. The reason I chose this topic is that the international sales contract is one of the most important contract in the field of international trade and I decided to expand my knowledge on that field. The diploma thesis analyzes the international sales contract in relation to the historical development of the term international sales contract, to its definition, legislation and unification efforts in the field of international sales contract legislation. The diploma thesis is structured into three chapters. The first chapter is devoted to the term sales contract in international business transactions. It contains the basic characteristics of the sales contract in Czech law, the characteristics of the term international business transactions and the largest part of this chapter is concerned with the historical development of the international sales contract and United Nations Convention on Contracts for the International Sale of Goods, as the basic legislation in relation to the international sales contract. The second chapter is...
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