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European and Czech principles of contract law
Horáková, Monika ; Černá, Stanislava (advisor) ; Oehm, Jaroslav (referee)
8 Summary European and Czech Principles of Contract Law This thesis is focused on principles of contract law. In the first instance, it explains the theoretical conception of principles of law and adverts to their status in the Czech legal system. The second Chapter of the thesis dissertates about basic principles of the Czech private law starting with the principle of freedom of contract, ends with the principles of good faith and fair dealing. The main part of the thesis deals with the European principles of contract law. A contract is an indispensable instrument of a market economy. There is a close relationship between the European contract law and a proper functioning of the Single European Market. The European Union as an economic community requires harmonisation of private law, mainly the branch of contract law, to eliminate those differences between national laws which are inimical to the efficient cross-border business within Europe. The Commission on European Contract Law, as an independent body of legal experts from all the Member States of the European Union, under the chairmanship of Professor Ole Lando, started the way towards the consolidation of European contract law. It established the Principles of European Contract Law as a response to the need for a Union-wide infrastructure of contract...
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Unfair competition
Hajžin, Lukáš ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Resumé My diploma thesis is focused on unfair competition in the law of Czech Republic. The law of unfair competition is a coherent field of regulation as regards the economic competition. This sub-branch of law is a specific area of the civil law systems. Whilst antitrust, mergers and dominance on the market are subjects to the statutes using administrative methods of regulation. Competitors who used the unfair practices can be sued in civil proceedings directly by those harmed by such behavior. This thesis has two main parts, both divided into chapters and sub-chapters. First part deals with the legal regulation of unfair competition in Czech Republic and in second part I compare Czech regulation of unfair competition with the Polish one. Firs of all I explain the reader the terms "economic competition" and "unfair competition". The following chapter is devoted to the history of unfair competition, especially the beginning of legal regulations, international treaties related to unfair competition and the history of Czechoslovak and Czech legal regulation. The key point of my thesis is the analysis of legal regulation of unfair competition in Czech Commercial Code (Act 513/1991 Sb). I have primarily focused on a general provision of the unfair competition, relation of this general provision to provisions...
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