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Contractual Retroactivity
Vláčil, Jan ; Elischer, David (advisor) ; Hrádek, Jiří (referee)
Contractual Retroactivity Abstract There are contracts which set down that their effectiveness occurred before their perfection and validity. It prima facie seems that we may call this legal phenomenon as "contractual retroactivity". However, this topic has not been discussed much yet because there are only seven very short articles devoted to the phenomenon in question. This master thesis has two main aims: 1) to define contractual retroactivity, 2) to demarcate the legal circumstances under which contractual retroactivity is allowable. A legal definition of contractual retroactivity should consist of the legal aspects of this phenomenon. So, the relevant legal institutes (such as: a contract and contractual consequences in law, a perfection, an effectiveness, a retroactivity etc.) were identified, described and case- law was recapitulated in the first part of this thesis. This approach provided, among others, three main conclusions. A contract can be generally defined as "a multilateral binding legal act". The function of contractual retroactivity is to determine time applicability of contractual consequences in law. This is achieved through a legal fiction which feign that effectiveness occurred before perfection and validity. Then, many potentially retroactive legal institutes were analysed (such as: a...
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