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Liability for defects applicable to contracts for work
Svoboda, Jakub
Liability for defects is one of the important elements of contract for work. This thesis deals with comparison of the current regulation of defects liability in contract for work as provided by the Civil Code and contract for work as provided by the Commercial Code. Individual topics are addressed jointly to show common features of liability and differences in approach to liability for defects in the Civil Code and the Commercial Code. Individual explications are also supplemented by the case law, which has in many instances already helped to overcome certain interpretation difficulties. The aim of this thesis is to find the general features of civil liability for defects under a contract for work. Before others it concentrates on the concept of defective performance and the concept of defect, which are the cornerstone to liability for defects. This thesis also examines the concept of consumer law on general level.
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Subject matter of performance and liability for a breach of obligations from contracts for work in international trade
Béreš, Ján
This dissertation deals with how the subject matter of performance under a contract for work is defined and issues related to formulating the rights and obligations ensuing therefrom. At the same time, it seeks common legal sources existing across national laws which provide definitions thereof. It attempts to find a common definition of contracts for work and how they differ from other similar contracts. It further defines some common basic features and problems related to contracts for work which apply in international trade or in cases where parties decide to formulate their contract by reference to international contract conditions. In that context, it primarily refers to construction contracts as the most common type of contract for work in international trade. At the same time, it focuses on the possible consequences of a breach of contract and emphasizes some parties' claims ensuing therefrom. Moreover, this work examines the definition of work defects and conditions for asserting claims as a specific topic, which relates to the definition of the subject matter of a contract for work and its basic features. Key words: contract for work, construction work, contractor, employer, international trade, sources for determining obligations, international contract conditions, subject matter of...
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Contract for work focusing on structure as a subject of a work
Blaha, Martin ; Frinta, Ondřej (advisor) ; Zvára, Michael (referee)
Contract for work focusing on structure as a subject of a work Abstract The topic of this rigorous thesis is the legal regulation of a contract for work with a focus on structure as the subject of a work. Its aim is not only to provide the reader with a description of the obligation with the raising of problematic issues in practice, but also to try to answer them with the help of relatively extensive judicial decisions in cases where the explicit legislation is completely absent or unclear. The rigorous thesis is divided into an introduction, twelve chapters and a conclusion. The individual chapters are designed to make the reader think critically about the legislation chosen by the legislator, not only from the point of view of the letter of the law, but directly in relation to specific practical examples. When reading it, the reader will get acquainted in particular with the essentials of the contract for work, the manner of performance of the work, the issue of ownership of the construction work, the client's rights from defective performance or securing the contractor's obligations. Special attention is paid to the definition of the structure as a subject of a work, additional work, fulfilment of the contractor's obligation, or conversely, its cancellation by withdrawal from the contract and the...
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Contract for a work
Korefová, Alžběta ; Elischer, David (referee)
The dissertation deals with some areas of the work contract (the scope of the work, the price of the work and the payment terms and the execution of the work). The dissertation consists of two unevenly large parts. The general part briefly introduces the concept of commitment and contract, describes in general the contract for a work including a brief historical and foreign excursion and generalizes the national legislation of contract for a work according to the Civil Code, focusing on its character, form, typical features and essentials. The last subchapter differentiates the contract for a work from some similar contractual types. A special part of this dissertation is divided into four chapters. The first chapter approximates the concepts of "mandatory" and "non-mandatory" provisions as the types of legal nature of a legal rule. The next chapter deals with contract for a work focused on construction work and examines the legal nature of the special provisions. The following and most extensive chapter consists of three subchapters (price for a work, the scope of a work and the performance of a work and payment terms) and deals in detail with both the legal regulation of the part and the legal nature of provisions, as well as the reflection of the parties' interests in the area of the contract...
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Construction Order Organization
Leinweber Hanzalová, Petra ; Comorek,, Martin (referee) ; Waldhans, Miloš (advisor)
The topic of this diploma thesis si the Organization of construction contract. The thesis is divided into three parts. The first is about the theory of project management and construction organization, the second part analyzes the contracting authority and the contractor of the construction contract and solves the process of awarding and obtaining a public contract. The third part is about the documents needed for the management of the construction contract.
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Subject matter of performance and liability for a breach of obligations from contracts for work in international trade
Béreš, Ján
This dissertation deals with how the subject matter of performance under a contract for work is defined and issues related to formulating the rights and obligations ensuing therefrom. At the same time, it seeks common legal sources existing across national laws which provide definitions thereof. It attempts to find a common definition of contracts for work and how they differ from other similar contracts. It further defines some common basic features and problems related to contracts for work which apply in international trade or in cases where parties decide to formulate their contract by reference to international contract conditions. In that context, it primarily refers to construction contracts as the most common type of contract for work in international trade. At the same time, it focuses on the possible consequences of a breach of contract and emphasizes some parties' claims ensuing therefrom. Moreover, this work examines the definition of work defects and conditions for asserting claims as a specific topic, which relates to the definition of the subject matter of a contract for work and its basic features. Key words: contract for work, construction work, contractor, employer, international trade, sources for determining obligations, international contract conditions, subject matter of...
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Subject matter of performance and liability for a breach of obligations from contracts for work in international trade
Béreš, Ján ; Pauknerová, Monika (advisor) ; Poláček, Bohumil (referee) ; Zahradníčková, Marie (referee)
This dissertation deals with how the subject matter of performance under a contract for work is defined and issues related to formulating the rights and obligations ensuing therefrom. At the same time, it seeks common legal sources existing across national laws which provide definitions thereof. It attempts to find a common definition of contracts for work and how they differ from other similar contracts. It further defines some common basic features and problems related to contracts for work which apply in international trade or in cases where parties decide to formulate their contract by reference to international contract conditions. In that context, it primarily refers to construction contracts as the most common type of contract for work in international trade. At the same time, it focuses on the possible consequences of a breach of contract and emphasizes some parties' claims ensuing therefrom. Moreover, this work examines the definition of work defects and conditions for asserting claims as a specific topic, which relates to the definition of the subject matter of a contract for work and its basic features. Key words: contract for work, construction work, contractor, employer, international trade, sources for determining obligations, international contract conditions, subject matter of...
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Custom Software Development Agreement
Kábrt, Filip ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Custom software development agreement is a very actual topic. Nowadays, the increasing demand for IT services puts greater demands on quality of legal services. Development of IT services in the Czech Republic also causes that more and more cases end up in court. One of important parts of IT services is the custom software development and the legal regulation of this phenomenon is the subject of this master's thesis. Custom software development agreement as a legal topic is a very specific topic, because it contains not only problematic issues from the field of law but also from more technical fields. To fully understand content of this work, it is necessary to have at least basic knowledge in the field of software development. Basic computer skills are then taken for granted. The topic of this thesis is very actual also because of the recodification of private law in the Czech Republic, which came into force during the elaboration of this thesis. Thesis will operate with the Czech law, because comparison with foreign legislation would require much larger scope of the paper, than the given one. This thesis aims to provide the most complex view of the custom software development agreement as possible, considering defined scope of this paper. Articles regarding this subject are mostly focused on the...
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Contract for work in international construction projects
Pessrová, Monika ; Klee, Lukáš (advisor) ; Dobiáš, Petr (referee)
Contract for work in international construction projects (Summary) The present master thesis analyses the contemporary practice in the field of making contracts for work in international construction projects. Its goal is to answer the following research question: is it possible to use the new Czech trust concept as a payment instrument under the most used FIDIC standard form of contract - Conditions of Contract for Construction First Edition 1999 (better known as "Red Book")? The thesis is divided into three chapters, each of them dealing with different aspects of the new trust concept: from construction projects through construction contracts for work to payment conditions. The opening part of Chapter One focuses on construction projects. It defines their characteristic features and describes the main types of their management, organization and contractual relationships. Next, the chapter discusses the international character of construction projects and concentrates on situations involving a conflict of laws. Party autonomy and the choice of law rule, that empowers parties to designate the applicable law to their contractual relationship, are assumed to be fundamental principles of contract formation in international construction projects. This part of the chapter is concluded by the proposition that...
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Contract for Work
Flachsová, Liběna ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee)
1 Abstract Contract for Work The purpose of my thesis is to analyse the regulation of contract for work in Act No. 89/2012 Coll., the Civil Code. The thesis is composed of two parts. The first one contains historical background and the second one deals with the current regulation. The second part is subdivided into eighteen chapters. References to Act No. 40/1964 Coll., the Civil Code, and Act No. 513/1991 Coll., the Commercial Code, are also made within the analysis of current regulation. The Draft Common Framework of Reference is mentioned at relevant points and for comparison with foreign regulations the law of the United Kingdom of Great Britain and Northern Ireland and the law of Germany were selected. Chapter one deals with definition, object of work and it is pointed out that the result of work does not have to be of a physical substance. In the second chapter, the contract for work is distinguished from the other types of contract. A separate chapter deals with the form and it is followed up by the chapter on pre-contractual obligations. The fifth chapter concentrates on transfer of risk and ownership title. The following chapter focuses on costs of performance of work and straight afterwards a chapter dealing with the price for work is placed. This one is a bit longer, because it is a very...
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