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Contractual penalty as an instrument of confirming a debt in commercial relations
Hořenín, Radim ; Černá, Stanislava (advisor) ; Liška, Petr (referee)
Contractual penalty as an instrument of confirming a debt in commercial relations. The Master degree's thesis is concerned with contractual penalty. The topic was chosen because contractual penalty has been an important often-used instrument of confirming debts for many years. Through its functions, it contributes to compliance with the fundamental principle of private law - "pacta sunt servanda". The aim of the study is to analyse and assess contractual penalty on the basis of valid Czech law, related judicial decisions and professional literature chiefly with the use of language, logical, systematic and teleological method of legal reasoning. The text is based on the Act No. 89/2012 Coll., The Civil Code, which is to become effective on 1st January 2014. The Act's legal rules are compared to the former ones so that the changes of law can be described as a result of recodification of private law. The thesis is focused on the most important and the most discussed issues regarding contractual penalty. Chapter one is devoted to general characterization of contractual penalty with respect to its functions and accessory character. Chapter two deals with the prerequisites for commencement of the claim on contractual penalty - a valid and proper agreement on contractual penalty and a breach of the secured...
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Contractual penalty as an instrument of confirming a debt in commercial relations
Hořenín, Radim ; Černá, Stanislava (advisor) ; Liška, Petr (referee)
Contractual penalty as an instrument of confirming a debt in commercial relations. The Master degree's thesis is concerned with contractual penalty. The topic was chosen because contractual penalty has been an important often-used instrument of confirming debts for many years. Through its functions, it contributes to compliance with the fundamental principle of private law - "pacta sunt servanda". The aim of the study is to analyse and assess contractual penalty on the basis of valid Czech law, related judicial decisions and professional literature chiefly with the use of language, logical, systematic and teleological method of legal reasoning. The text is based on the Act No. 89/2012 Coll., The Civil Code, which is to become effective on 1st January 2014. The Act's legal rules are compared to the former ones so that the changes of law can be described as a result of recodification of private law. The thesis is focused on the most important and the most discussed issues regarding contractual penalty. Chapter one is devoted to general characterization of contractual penalty with respect to its functions and accessory character. Chapter two deals with the prerequisites for commencement of the claim on contractual penalty - a valid and proper agreement on contractual penalty and a breach of the secured...
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Economic Relations Between the Czech Republic and Austria
Hořenín, Radim ; Sato, Alexej (advisor) ; Brož, Martin (referee)
The thesis focuses on economic relations between the Czech Republic and Austria, especially the relations concerning external trade and investment. The aim of the thesis is not only to analyse and assess background, nature, intensity and dynamics of the current relations, but also to predict likely evolution of the relations in the future and the possibilities and threats resulting from the evolution for Czech companies. The thesis also aims to illustrate economic relations between the Czech Republic and Austria by activities of the Schoeller Bleckmann Edelstahlrohr GmbH, an Austrian company, on the Czech market.
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