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Legal regulation of package tour
Šedivý, David ; Elischer, David (advisor) ; Dvořák, Jan (referee)
The main object of this thesis is to summarize legal regulation about package tour in czech legal order, define and describe subject of this contractual relationship, define contracting parties and individual rights and duties that are being established at the beginning or during this contractual relationship. Basic concepts linked to the package tour contract as well as the role of travel agency in the whole process are being analysed in this thesis. I also focused on the most important changes connected with passing of the New Civil Code when individual provisions are examined and their significance is explained. Similarly as a legal ground of this contractual type the directive 90/314 EEC is also being examined. Finally, this thesis evaluates whether implementation of this directive to czech legal order has been done correctly and whether czech laws comply with the basic rules this directive is based on. The thesis is composed of nine chapters, each of them dedicated to individual issue. In the introduction I define basic objective of this thesis. The following chapter focuses on the basic definiton, purpose, basic concepts and character of this contractual relationship. In the third most comprehensive chapter I analyse concrete requirements of package tour contract, individual rights and duties...
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Contractual modifications of statutory matrimonial property regime
Kalousková, Iveta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Marriage is a topic that more or less concerns all of us. Community property is a financial aspect of marriage which is inseparably tied to it. Despite it being a fundamental problem, it is not well known to the general public. For this reason the aim of this diploma thesis is to clearly and systematically summarize the issue of contractual marital property law. For better understanding, the thesis defines basic terms of statutory matrimonial property regime, and focuses on parts of community property of spouses. Attention is focused on the issue of usual family equipment, because it was removed from the matrimonial property law due to recodification, which then instituted a new matrimonial regime: The Separate Property Regime. Except for the statutory matrimonial property regime, spouses are allowed to negotiate different property regime by using a contract of modification of community property of spouses. The contractual matrimonial property regime represents a major part of this thesis. First, the thesis deals with contractual matrimonial property regime, and then it mainly focuses on types of matrimonial property contracts, its contents and its limitations. It pays significant attention to registration of matrimonial property contracts, especially to the new publicly accessible list of...
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Good morals and public order as the limits of the autonomy of will in civil law
Vopěnková, Tereza ; Dvořák, Jan (advisor) ; Elischer, David (referee)
1 Abstract This thesis deals with the principles of good morals and public order focusing on their role function as limits restricting the autonomy of the will. Although both principles are vague legal concepts, this thesis doesn't seek to define exactly not even cover all the practical possibilities of their application. The aim of the thesis was to bring the possible content of these principles and to highlight their importance in assessing the validity of legal actions or to specify further consequences of legal conduct, which would be contrary to these principles. The view on this topic is primarily from the Czech law perspective. On exemplary and a limited number of legal institutes, this thesis tries to capture the possibilities of using good manners and public order as correctives of autonomy of will. The thesis is divided into eight chapters. The theme of the first chapter is the principle of autonomy of the will and its position in the Czech legal order. Such introduction was begun for the purpose primarily for understanding the whole thesis and to highlight the importance of this principle for the functioning of a democratic society. The second chapter deals with the principle of good morals. Different opinions on the content of this term are closer specified. Furthermore, this section discusses...
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Representation
Horčičková, Anna ; Dvořák, Jan (advisor) ; Elischer, David (referee)
1 Abstract Representation This thesis concerns the institute of the representation in effective legislation of civil law particularly in the Act no. 89/2012 Coll., Civil Code. This institute is very important for each person, no matter it's age or profession, because everybody in his live needs to use the representation. Not only have I focused in my thesis on the part of the Civil Code which is called representation, but also on the other parts that contain representation as well. My thesis is divided into nine chapters, in which I am dealing with representation based on the decision of the court as well as the contract or the law. At the beginning my thesis describes historical basis of representation and also short glimpse to the previous legislation. The next chapter deals with chosen types of the representation that are not regulated in the chapter III of the Civil Code, but I also consider them as really important and very useful in practice. The most of the thesis is focused on the part of the Civil Code that is named the representation. Firstly general provisions are described where I specially focus on the power of attorney, its form and necessary provisions. In the representation based on contract belongs also procuration, where I included its origin, its extent, form and termination. The thesis...
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Selected aspects of consumer contracts
Borovička, Miloš ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Selected aspects of consumer contracts Abstract: This thesis occupies selected aspects of consumer's contracts. It focuses on the phenomenon of commercial terms and conditions, their unilateral changes, the adhesion method of negotiating contracts and related customer protection against the abuse of standardization and simplification of the process of negotiation and conclusion of contract amendments. The second part focuses on the process of concluding a distance contract with a consumer and it discusses the different phases of the process of concluding agreements and the practice of deviation from standard procedures foreseen by law on a practical example of an e-shop. The aim is to evaluate the current legal situation and its development regarding to the transposed European directives and adumbrate the interpretation of certain provisions.
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