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Legal consequences of a breach of contract in civil law
Antošová, Eliška ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic of this Master's degree thesis is "Legal consequences of breach of contract in civil law". The aim of this thesis is especially to analyse the legal consequences of the breach of contract under civil law. The text is divided into six chapters. Each chapter characterizes the particular consequence of the breach of contract. Each chapter also shows main differences and and possible advantages or disadvantages its enactment in the new Civil Code that came into effect on 1st January 2014. The first chapter deals with the pre-contractual liability. This chapter includes description of the pre- contractual negotiation and its main elements recognized within the framework of the Czech legal system. The chapter two analyzes aspects of delay in civil commitments in the law system of the Czech Republic with focus on the consequences a delay may cause. The third chapter explains essential points of the withdrawal from a contract. The fourth chapter describes and analyzes the legal institute of liability for defects, the issues regarding the liability for defect, its impact and also mentions some practical aspects related to it.Chapter five deals with the civil liability for damage. The aim of this chapter is to provide a basic overviewand to clarify crucial aspects of this legal institute. Chapter six...
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Withdrawal from a contract
Beran, Jaromír ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The aim of this (diploma) thesis is to compare the withdrawal from a contract according to the Civil Code on one hand and the Commercial Code on the other hand. In addition to this aim the thesis compares the withdrawal from a contract and the dismissal of a contract and critically deals with contemporary valid legislation. This thesis reminds a judicial development of this institute. Mentioning all the above aspects it evaluates legislation of withdrawal from a contract in the new Civil Code. Providing of all these aspects this thesis tries to help to map the developing statement at the final stage of transformation of Czech civil law and to collect crucial issues to evaluate the given thesis. The thesis analyses several aspects of the withdrawal from a contract - conditions of its application, reasons and consequences of this withdrawal and a limitation of actions. In addition it examines a cancellation fee as a special consequence of the withdrawal from contract. After a detailed investigation of legislation in the Civil Code and in the Commercial Code it emerged that the legislation in the Commercial Code is more precise and closer to a modern conception of contractual law. Considering modern contractual law legislation in the new Civil Code could also be positively evaluated. It has been...
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Withdrawal from a Contract
Fialová, Lenka ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
This rigorosum thesis deals with the civil issue - withdrawal from the contract under the condition of the Czech legal system. The introduction focuses on essential points especially classification of the withdrawal from a contract into legal system and principles of contractual law of obligations. The other chapters exclusively pay attention to the analysed institute itself, its nature, relevance, form, legal essentials, requirements and limitation of the right to withdraw from a contract. The author devotes the attention to legal and contract grounds, which enables to use withdrawal from a contract and to the legal consequences and effects, which the withdrawal from a contract induces. The thesis also covers the issue of contractual provisions, which stays valid despite the withdrawal from a contract. One single chapter deals with the appropriate solution of the effect of the withdrawal from a contract to sell and transfer the title to real property including a review of effect of the withdrawal from a contract upon the contracting parties and third persons in case there is the withdrawal from a such contract after the transfer of the real estate to the contracting party/parties which has/have not participated in the original civil law relation. In the next chapter the regularization of the...
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