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Weaker Party and Consumer in E-commerce
Kmoch, Štěpán ; Elischer, David (advisor) ; Selucká, Markéta (referee) ; Rozehnal, Aleš (referee)
Weaker Party and Consumer in E-commerce Abstract The guiding principles of private law include the principles of equality and autonomy of the will. The question of access to freedom of contract is highly relevant for contracting in e-commerce, given the almost exclusively adhesive nature of contracting. Real inequality and restrictions on freedom of contract undermine these principles, and one of the functions of the law is to balance the resulting asymmetry in the legal position of persons, which is something that the legislator, particularly the European legislator, has long sought to do. The ambition of this dissertation is first to take a notional step back and, thanks to my legal specialization in e-commerce law, to critically evaluate the legislator's efforts, which I do more comprehensively in Chapters 4 and 5. For these purposes, I place the relevant legislation (which includes indirect consumer protection legislation such as the GDPR or the ePrivacy Directive) in the broader social context of the world of e-commerce. In doing so, I proceed systematically. First, I address issues such as the position of e-commerce in the economy, digitization, automation of work, and, last but not least, the data economy. I then elaborate on the legislative objectives of the legislator and, based on the data...
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Community of property and its seizure attachment
Maxa, Hubert ; Dvořák, Jan (advisor) ; Selucká, Markéta (referee) ; Salač, Josef (referee)
The community of property stands out as a key institution of matrimonial property law, but at the same time it is a very specific type of common property; it is the community of property that gives the marriage an indispensable property basis after all. The establishment and subsequent building of a family background simply cannot be done without property. The civil law tries to strengthen the security of the spouses in the area of property in every possible way, in particular by the broadness of the concept of community of property. In the name of marriage, all assets acquired by one or both spouses during the marriage fall within the scope of the community of property, with the exceptions expressly provided for by law. However, during the marriage, the spouses do not only acquire assets but also enter into obligations which give rise to debts. Whether the debts are debts common to both spouses or only of one spouse, they can often be satisfied by means of the marital property. The attachment of the spouses' community property means a more or less substantial interference with the matrimonial property base. The legislation therefore seeks to respond adequately to this phenomenon, and therefore differentiates between the various debts in order to protect the community property or the non-debtor...
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Security of a Debt in the Civil Law of the Czech Republic
Galinskaya, Yuliya ; Dvořák, Jan (advisor) ; Selucká, Markéta (referee) ; Salač, Josef (referee)
Security of a Debt in the Civil Law of the Czech Republic Abstract The dissertation work is devoted to the study of the legal regulation of the security of a debt in the civil law of the Czech Republic. The purpose of the dissertation work is to study topical issues in the field of the security of a debt. This study was conducted primarily based on the provisions of Czech law in the field of the security of a debt. Within the framework of this study, we will focus on the issues of a debt security regulation in the framework of Book Four, Title I, Chapter 8, Division 2 of the Civil Code of the Czech Republic. Therefore, the study will focus on the security institutions such as suretyship, financial guaranty, transfer of a right as security, and agreement on deduction from wages or other income. In addition, the legislation of foreign countries in the field of security of a debt. Much attention is paid to the differences in the legal regulation of the security of a debt in countries with a continental legal system and countries with a common law system. The history is considered in detail personal guaranty and property guaranty in Roman law, as well as in medieval law and in such a monument of medieval Czech law as statute Iura Zupanorum (Statuta ducis Ottonis). The dissertation work also considers the...
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Compensation for Personal Injury
Hamran, Richard ; Salač, Josef (advisor) ; Selucká, Markéta (referee) ; Šustek, Petr (referee)
COMPENSATION FOR PERSONAL INJURY ABSTRACT The aim of this thesis is to elaborate on the following questions: Whether and to what extent the compensation for personal injury (or, in other words, compensation for non- pecuniary damage to bodily and mental health) under the new Czech Civil Code (Act No. 89/2012 Coll.) ("NCC") means a (r)evolution in comparison to the previous Czech Civil Code (Act No. 40/1964 Coll.) ("OCC") and what conclusions can be drawn in this regard when comparing the NCC to selected European jurisdictions. In order to answer these questions, the comparative method as the main method was chosen for the purpose of this paper. In particular, this thesis compares the NCC to the OCC on one hand and to German law, Austrian law, French law, English law, PETL and DCFR on the other hand. The paper consists of four main parts: compensation for personal injury in the selected European jurisdictions, under the OCC, under the NCC, and the comparative part. Each of those parts addresses the same three principal issues: fundamental questions of tort law with the focus on compensation of non-pecuniary damage; compensation for personal injury of direct (primary) victims and that of indirect (secondary, third party) victims. Based on the research, we come to the following conclusions: Provided that the...
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Limitations on Freedom of Contract in the Civil Law
Juřicová, Kateřina ; Dvořák, Jan (advisor) ; Zahradníčková, Marie (referee) ; Selucká, Markéta (referee)
OF DISSERTATION IN ENGLISH Doctoral Student: JUDr. Kateřina Juřicová Topic of Dissertation: Limitations on Freedom of Contract in the Civil Law Supervisor of Dissertation: Prof. JUDr. Jan Dvořák, CSc. Doctoral Programme of Study: Theoretical Legal Sciences - Civil Law, Univerzita Karlova, Právnická fakulta, katedra občanského práva Date of Closing of Dissertation: 31.12.2019 The dissertation covers the limitations on freedom of contract in civil law and provides with the summary and following analysis of both general and specific limitations on freedom of contract in civil law. The general limitations consist of mandatory rules and stipulations prohibited by law. As part of the analysis of the general limitations both character and distinction between mandatory and non-mandatory rules are analyzed, as well as the criteria for the provisions to be designated as mandatory such as statutory prohibition, stipulations contrary to good morals, public order or the law concerning the status of persons, including the right to protection of personality rights. Similarly, the list of specific limitations on self-authorship describes legal relationships between landlord and tenant, employer and employee or consumer and entrepreneur, various cases in the community property of spouses or contracts with minors,...
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Principles of the Private Law
Dvorská, Petra ; Dvořák, Jan (advisor) ; Selucká, Markéta (referee) ; Thöndel, Alexandr (referee)
This thesis; apart from an introduction of the concept of legal principles, their importance and settlement of their conflicts; deals with an analysis of legal provisions relating to the legal principles and policies in the first, general section, Chapter I of the Civil Code, as these are the primary provisions with relevance to the entire private law. It further evaluates state of the current legislation and its positive and negative aspects. It focuses in detail on the principle of fairness, as it is a principle aiming for an important improvement of legal relations. It also deals with the key interrelated principles of the civil law - the principle of the freedom of choice, and the principle of equality and protection of the weaker party; their importance is also followed in chapters devoted to the selected special legal regulations of the private law (family law, labour law, and commercial law). Chapter 4 of this thesis deals with analysis of importance and role of good morals in the civil law. An independent section focuses on the term of public order in the civil law providing explanation of their common function. It also provides detailed analysis of legal construction of definition of nature of legal rules, seen not just as a theoretical legal problem, but also a practical one, as it is the...
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