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Contract of sale and selected related issues of contract law according to Act No. 141/1950 Coll., Civil code, in comparison with recent legislation
Mužík, Vít ; Šouša, Jiří (advisor) ; Soukup, Ladislav (referee)
Contract of sale and selected related issues of contract law according to Act No. 141/1950 Coll., Civil code, in comparison with recent legislation Abstract The thesis deals with the contract of sale and other selected legal institutes of contract law according to the Act No. 141/1950 Coll., the Civil Code (hereinafter "OZ 1950") while comparing them with the recent legislation contained in the Act No. 89/2012 Coll., the Civil Code. The contract of sale is generally one of the most important means of realizing the autonomy of the will of the subject bearing rights and obligations, moreover it is one of the most frequent ways of transferring ownership. The thesis offers a critical view of the legal regulation of legal institutes in both mentioned codes, when at the same time, both positive and negative aspects of the given legal regulations are pointed out. On this count, in relation to the recent legal regulation, some considerations de lege ferenda are stated, and furthermore some inaccuracies in the prevailing current evaluation of the OZ 1950 are also noted. The legal institutes that are mentioned in this thesis are e.g., legal act, its requisites and defects, the concept of contract and obligation with their theoretical definition, the principles of contract law or certain issues of tort lawin...
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Kupní smlouva a způsoby jejího uzavírání
Zmrzlý, David
Zmrzlý, D. Purchase contract and ways of closing. Bachelor thesis. Brno: Mendel University in Brno, 2016. This thesis is devoted to the purchase agreement and the manner of its conclusion. It deals with legislation of the purchase contract in the New Civil Code (Law no. 89/2012 Coll.) and assesses the impact of this legislation on the needs of the practice. It is also included in the economic context associated with the conclusion of the contract and a further analysis of the general contract of purchase.
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Kupní smlouva v mezinárodních obchodních vztazích
Olšanská, Petra
The international contract of purchase is a contract governed by private law and the form is not exactly given by any law. It gives a chance to companies to make with the contractual partner their own satisfactory conditions on domestic and international level too. With the option to choose the form of agreement comes advantages, disadvantages and risks for entrepreneurs who can't quite adapt to threats in foreign markets. It is necessary to know contracting partners and also the environment in which they work in international trade. The text of the purchase agreement fundamentally affects the possible resolution of disputes, so the content is important part which should not be underestimated. The aim of this bachelor’s thesis is to evaluate the pros, cons and risks related to sales contracts concluded by the selected companies with foreign entrepreneurs and suggest improvements in connection with international sales contracts, that would be for entrepreneurs the most economically advantageous.
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The Liability for the Non-Conformity of Goods in a Consumer Contract of Sale
JANOUŠKOVÁ, Aneta
This bachelor thesis deals with the analysis of rights and obligations arising from the defective performance in consumer relationships, especially from the contract of sale. This thesis analyses basic institutes connected to the nonconformity of the contract of sale according to the new Civil Code, which came into full effect on January 1, 2014 and compares them with the EU regulations on which the regulation in the Civil Code is based. Furthermore, the text defines elementary terms, it includes a division of defects, specification of rights from a defective performance and other rights that are beyond the defective performance. The thesis also deals with given principles and processes within the complaint procedure. The practical part of the thesis is focused on consumers using the questionnaire survey to examine the awareness and knowledge of their rights.
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Selected Commitment Relations in Agricultural Business
PÍCHOVÁ, Andrea
The bachelor thesis examines the selected commitment relationship in the agricultural business. Its aim is to describe, analyze, evaluate and assess the economic impact on the business. The main themes of the thesis are the sales contract for the sale of milk and sale of agricultural comodities and the lease ageement. For both types of contracts, their patterns are first described. Then, on the basis of the questionnaire survey and on the basis of the obtained data, we will find out how the selected commodities are involved in the company's profit. Finally, these data are compared with the results obtained from the Agricultural Union, Agrarian Chamber and the Ministry of Agriculture of the Czech Republic.
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Purchase Agreement on Transfer of Ownership Right to Real Property
Zvonková, Denisa ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Thesis title: Purchase Agreement on Transfer of Ownership Right to Real Property This thesis deals with the issues related to the transfer of ownership right to a real property by the means of a purchase agreement. The topic of this thesis has been chosen mainly for the reason that the purchase agreement is the main type of contract used, in most of the cases, to meet the housing needs of people. The aim of this thesis is to set out the basic aspects of the above-mentioned legal institute and primarily to identify the problematic situations that may arise during a real property transaction on the basis of the purchase agreement, in terms of applicable legislation. The thesis is structured into sections and is formed by the introduction, six separate sections and the conclusion. The first section is devoted to a brief description of history of purchase agreement and contractual transfer of real property, which is subsequently followed by a summary of applicable legislation regarding the purchase agreement. Section two is concerned with the definition of real property as a legal term and is further divided into subsections, where the specific aspects of individual types of real property, i. e. plot of land, construction, right to build, and unit, are described. The third section describes the two...
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Sale of goods in a shop - Consumer purchase agreement
Kotulová, Anna ; Elischer, David (advisor) ; Dvořák, Jan (referee)
This thesis deals with the issue od selling goods in shops, thus the isme of consumer purchase contracts, which everyone of us concludes every day. The content of this thesis is devided into six chapters whose aim is to characterize current legislation of consumer purchase contracts in details and it deals primarily with rights and obligations of sellers - businessman and buyers - consumers. Part of this thesis deals with alternative consumers dispute resolution The first charter focuses on general analysis of legislation which deals with sell of goods in shop. This chapter systematically includes the issue of consumer purchase contracts to current private law legislation and mentions the legislation of the European Union. In this chapter the author also define the legal terms as sell of goods in shop, consumer, businessman, goods. Finally in this chapter is mentioned unusual discharge with consumer purchase contract. In the second chapter is because of clarity of this thesis mentioned general legilsation of purchase contract, when the author describes requisites of purchase contract. Mainly essential requirements as item of purchase and purchase price. Further in this chapter the author describes rights and obligations of purchase contract parties. The third chapter named as transfer of ownership...
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Contract of sale under business law
Švábová, Jana ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee) ; Marek, Karel (referee)
The purpose of the thesis "Contract of sale under business law" is to compare changes of the contract of sale, which occurred as a result of the newly adopted Act No. 89/2012 Coll., Civil Code. The aim of this thesis is to simultaneously take into account the proposal for a European Parliament and Council Regulation on a Common European Sales Law (Common European Sales Law, CESL). The thesis also focuses on selected provisions of the purchase - especially rules governing the acquisition of ownership from unauthorized (and the related principle of good faith) under the new Civil Code. Rules governing the acquisition of ownership were significantly changed. Thesis attepmts to specify rules which are applied in the case one of the contracting parties is in the possition of a consumer. Specific features of contracting process must be taken in consideration due to the protection of consumers and or small and medium- sized enterprises. The thesis is focused on selected aspects of the contract of sale, thus the purchase of property, asset deal or liability for defects are mentioned only in passing.
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Contractual Acquisition of Real Estate Ownership
Riegerová, Adela ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Charter of Fundamental Rights and Basic Freedoms of the Czech Republic guarantees each person a right to own property. However, to protect this fundamental right, a secondary legislation must state which things can be refered to as property and which ways to create the ownership are legally relevant. Civil law of the nowaday Czech Republic has gone through a significant history. As to a part of the Austrian Empire, the later Austro-Hungarian Empire, the austrian legislation had been applied in the lands of former Kingdom of Bohemia and here it remained in force even after the fall of Austro-Hungarian Empire, when a new country, the Czechoslovakia, was formed. The regulation contained in the Allgemeines bürgerliches Gesetzbuch (ABGB), in other words the austrian Civil Code of 1811, was built mostly on Roman law basis. Such an influence can be exhibited e.g. on the provisions about things in legal sense and their divisions or about the ownership of things and means of its creation. In the lands of former Kingdom of Bohemia, the ABGB stayed in use until 1950, when it was succeeded by a new Civil Code. The Civil Code of 1950 was a result of only two year long process of recodification, that should create new rules for a new system based on the idea of socialism, leaving the Roman law principles behind....
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Sales agreement according to the Civil Code
Solil, Jiří ; Salač, Josef (referee) ; Pohl, Tomáš (referee)
This thesis describes the purchase contract under the Civil Code. Attention is paid to the legal regime of purchase contracts, the emergence of the purchase agreement, substantial content- conditions of the contract are by agreement in the purchase contract and the rights and obligations of the parties. The work also deals with the issue of acquisition of ownership rights under a contract and the seller's liability for defects in the object of purchase.
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