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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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Liability for defects in a Sold Thing as one of the Protection Instruments of the Weaker Party
Nováková, Jana ; Švestka, Jiří (referee) ; Pohl, Tomáš (referee)
The thesis deals with the topic of the liability for defects in a sold thing with an emphasis on the relevant provisions of private law, particularly the Civil Code, and with regard to legislation concerning consumer protection. The thesis does also not forget to highlight the changes that have occurred recently with respect to the accession of the Czech Republic to the European Union, and even the planned impacts on liability for defects in a sold thing in the upcoming re-codification of private law are examined. The thesis is divided into four chapters. Introductory chapters focus on defining of the concept of civil liability and its classification. The key aspect of this thesis becomes the third chapter, which deals with the institute of liability for defects in a sold thing, taking into account current legislation. Part of this thesis is the comparison of current Czech legislation with relevant German provisions. A summary of problematic aspects of the liability for defects and suggestions of their possible solution are presented at the end of the thesis.
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Legal consequences with respect to the breach of contract under civil law
Novák, David ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
S u m m a r y The goal of this thesis is to analyse the legal consequences of the breach of contract, especially under civil law, although, some essential comparison with legal regulation of commercial law is given, too. The text is divided into ten chapters. In the introduction, i. e. in the first two chapters the term of contract is defined and then the basic legal principles of the contractual law are enumerated and described in respect of the topic. The third chapter deals with the subject of the paper globally and shortly characterises each consequence of the breach of contract. The account of them is also given. The following chapters provide complete information how every consequence works and which part it plays in the Czech legal system. Specifically, Chapter Four is focused on debtor's delay and Chapter Five on creditor's delay. Chapter Six investigates liability for damage and damages a bit, as well. Chapter Seven deals with liability for defects and Chapter Eight is about contractual fine. In Chapter Nine is mentioned discharge of contract and its consequences. Each of in this paragraph enumerated chapters describes its subject itself and also relevant related problems in context with practice of the courts. In the last chapter, i. e. in the Conclusion is the whole topic shortly summarized with...
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Liability for defects of work
Doležal, Tomáš ; Plíva, Stanislav (advisor) ; Štenglová, Ivanka (referee)
1 Abstract The presented thesis deals with liability for defects in work in business obligations. It analyzes the effective legislation which is primarily contained in the Commercial Code and points out some problems arising from the interpretation of the law. It further summarizes the numerous and relatively constant judicature of the Supreme Court of the Czech Republic and legal opinions of several commercional lawyers. The author of the thesis tries to assess the conclusions of the judicature and legal doctrine. In some cases, he presents his own suggestions to solve the shortcomings of the current legislation. These proposals are based on his own legal reasoning. During the creation of the Commercial Code, the legislature had been inspired by the Economic Code and the International Trade Code, the immediate predecessors of the Commercial Code, and by United Nations Convention on Contracts for the International Sale of Goods. For this reason the legislation contained in these sources of law is mentioned particularly when the legislation departs from the current legislation of the Commercial Code. The future development of the legislation is also presumed. The thesis deals with the draft of the new Civil Code and focuses on the draft's solutions of several selected issues (issue of performance of...
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The application of legal standards in materials engineering
Večeřa, Petr ; Pantělejev, Libor (referee) ; Pavloušková, Zina (advisor)
The thesis describes points where the basic universal prescriptive system of law interferes with the questions of materials engineering. The main part of the thesis concerns legal liabilities, mainly civil liability represented with liability for defects. Basic analysis of chosen topics concerning liability for defects is done, defects are divided into groups as far as both technical and legal point of view is concerned. Consequently, the most common methods, principles and tests used for recognition and assessment of materials characteristics, both destructive and non-destructive, are described. Chapter, which deals with degradation processes follows. Integral part of the thesis are thoughts of possible types of legal liabilities, which could be important for materials engineers, with basic recommendations for contracting, as well as chosen problems connected with judicial proceedings and out of court settling of disputes. Technical standards are described with high attention, because both technical and legal public is not familiar with the legal background of technical normalisation.
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Liability for defects in sale contract
Šťastná, Eva ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
This thesis carried out an analysis of various aspects of liability for defects in the contract of sale under the New Civil Code. The text discusses general liability and displays special treatment contracts. The thesis includes a division of defects, deals with a liability for defects focused on the sale contract and a contract for work. Further specification party beneficiary rights of defective performance and other rights to the settlement of total loss. There are given rights principles and procedures of the defects of the complaint procedure. The text contains rules on liability for defects in international trade. The thesis is the comparison of new and old legislation, the most significant changes and an overview of the consequences of changes to the consumer.
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Liability for defects and guarantee according to the Civil Code
Šorf, Marek ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The aim of this thesis is to analyse legal regulation of liability for defects and guarantee in Czech civil code and to elaborate problematic paragraphs of this area of law. Thesis defines general regulation, specific regulation for separate contracts and also specialities of consumer law according to civil codes no. 40/1964 and no. 89/2012. There are defined principles of liability for defects and guarantee liability, rights from liability for defects and complaint procedure. Thesis also contains comparision of Czech legal regulation with the English one. Law of European Union is added too, there is summarized the accuracy and suitability of implementation of European directive no. 1999/44/ES into the Czech Civil Code.
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Consumer protection - liability for defects concerning a sale of textiles
Šedivá, Jana ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The aim of this bachelor thesis is to analyse and elaborate problems around liability for defects concerning a sale of textiles. Another purpose deals with evaluation of consumer experience in this matter which results from a questionnaire. The thesis defines basic notions in this area and describes a legal relationship between consumer and seller in the meaning of the liability for defects. An overview of consumer rights which can be applied in complaint procedure with regard to the nature of defects is adduced. Furthermore there are summarized phases of complaint procedure. The results from evaluation of respondent's answers are presented in the form of graphs with a verbal commentary at the conclusion.
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Consumer protection - the liability for defects of the textile products purchase
Kadorová, Martina ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The thesis deals with the question of the liability for defects of textile products, especially the defects on the clothes purchased in the shops. The thesis is divided into seven chapters. The readers get to know necessary information concerning clothes and obligations of the entrepreneur before the purchase. Furthermore, the thesis analyses both the issue of liability for defects and the legal security of the consumer protection in this area. Finally, last chapters both theoretically and practically introduce the topic of complaints as well as possible difficulties connected with them.
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Consumer protection in on-line shopping
Kristejnová, Veronika ; Kořánová, Helena (advisor) ; Hůlová, Marie (referee)
The aim of this task is an assignment of seller duties according to legislation. These duties should be followed not only in a process of purchase, but even in an after-shopping phase. I also dealt with a carrying out of supervision and with an existence of consumer associations. A fulfillment of checklist was also a part of this task. The goal of this was revealing of the experience with e-shop purchases.
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