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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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Default of time in business transactions and its consequences
Kolář, Ondřej ; Patěk, Daniel (advisor) ; Oehm, Jaroslav (referee)
Delay in commercial commitments and its consequences The purpose of the thesis is to describe all the aspects of delay in commercial commitments in the law system of the Czech Republic with focus on the consequences a delay may cause. Even though the history of the respective legislation is long and uninterrupted (it basically dates back to the Austrian General Civil Code from 1811), certain cases of indistinct interpretation in every-day use of the rules may still arise and that is the reason for elaborating the research. Legislation, expert interpretation of the legislation, papers from professional journals and a number of judicatures, mostly decisions of the Supreme Court of the Czech Republic, are used to thoroughly analyse the topic. The Czech Commercial Code recognises two general kinds of delay - debtor's delay, which occurs if the debtor does not fulfil their (usually contractual) duties in time and/or properly and creditor's delay, that is initiated by the creditor if they do not accept proper fulfilment from the debtor and that supersedes the debtor's delay, if it may be in place. In case of the debtor's delay the law automatically guarantees the creditor several rights. They have the right to insist on the proper fulfilment to be delivered or they are entitled to cancel the contract, if...
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Receivables at a Corporate Enterprise
Lečbychová, Vendula ; ing.Božena Okénková (referee) ; Fedorová, Anna (advisor)
My bachelor’s thesis deals with the topic of receivables from business relations. Based on the facts found out by the analysis of receivables in the chosen business organization, I recommended measures that might make receivables management system more effective. To ensure accurate records of receivables after due date in accounting books, I designed a suitable mode of creation of rectifying items for the business organisation.
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Bank guarantees of contractor of construction order
Šoula, Michal ; Comorek,, Martin (referee) ; Marková, Leonora (advisor)
The thesis deals with the topic of bank guarantees in the construction industry focusing on the contractor of the construction commission. The aim of this paper is the definition of bank guarantees in legal and economic terms, and on the basis of available literature, and also a proposal for the application of a bank guarantee in construction contracts. This thesis includes an overview of the products offered by national bank institutions in the field of bank guarantees and their comparison. The thesis contains an overview and description of bank guarantees used in the construction industry. The thesis focuses on a bank guarantee for the proper execution of the work (for the correct execution of the contract for work). There is described the progress of the guarantee from the contract for work until the warranty exercise and any dispute over the amount paid under the guarantee. Further, the paper deals with the use of bank guarantees in practice from the point of view of construction companies, focusing on the guarantee for the proper execution of the work. The thesis also describes solutions in the field of bank guarantees of construction companies, ways of surety, credit limits and bank charges for bank guarantees. In conclusion, there are described terms of the bank guarantee in the contract for work for the specific construction contracts and a method of preparation of the bid price for the contract with regard to where the cost appears applying the bank guarantee at the contractor's bid price. The contribution of this thesis is a comprehensive overview of bank guarantees in the construction industry and their application intended for a contractor of the construction commission.
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Security Institutes of Civil Law
MARÝŠKOVÁ, Nikola
This Bachelor´s Thesis has focused on the topic of "Security Institutes of Civil Law" and deals with security institutes like a contractual fine, surety, lien and securing bill of exchange. This work is devided into chapters and sub-chapters. After the introduction there is a literature search, that contains the characterization of the contractual legal relationship and the definition of the basic concepts of the law of contract. In the second part of the literature search there are selected security institutes, that are used in the Czech law. Individual sub-chapters of the comparative part are devoted to comparing of security institutes mentioned in the literature search from the standpoint of the legislation in effect prior to 1.1.2014, and from that date. The practical part continues these problems. Here we can find the process of the accounting of contractual penalties and interest rates for late payment. This chapter also deals with the definition of bills of exchanges from the standpoint of accountancy their accounting and writing own bills and someone else's bills.
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Penalty clause and late payment interest as the assurance instruments
Nováková, Tereza ; Švarc, Zbyněk (advisor) ; Hásová, Jiřina (referee)
The aim of this thesis is to provide comprehensive information about penalty clause as the assurance instrument which is used in obligations very often. Attention is paid to the comparison of penalty clause in civil and commercial code and new regulation is outlined. Explicated in the light of the decisions rendered by the Supreme Court of the Czech Republic and laws there are given information how to negotiate the penalty clause which would meet all the requirements. The second part of the paper deals with late payment interest, especially in terms of its comparison with the penalty clause. The objective of this comparison is for the private person or legal entity, who aims to enter into the contract, to be aware of the benefits of one instute to another and in the same time to be aware of difficulties which are with both institutes associated.
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Securing of contractual obligations in the international trade (economic and legal aspects)
Mišoň, Petr ; Švarc, Zbyněk (advisor) ; Koucká, Jiřina (referee)
The first part of the thesis deals with a description of legal relationships in the international trade and explains the term "international element." Further there is a short description of private international law and international trade law. The second part of the thesis is focused on securing of contractual obligations in the international trade. The third part concerns with explanation of the basic forms of legal relationships in the international trade regulation with regard to securing of contractual obligations. The final part of the thesis deals with a description of securing instruments used in the international trade. At the end of this part there are listed factors which influence the choice of a suitable securing instrument.
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Comparison of commercial contracts securities in the Czech republic and in Germany
Matošík, Tomáš ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The diploma thesis deals with the comparison of commercial contracts securities in the Czech Republic and in Germany. The first part of the thesis describes the general question of secured transactions. The second chapter deals with comparison of the lien and the right of retention. The third part analyzes penalty, warranty and recognition of an obligation. The last chapter summarizes the main differences between commercial contracts securities in the Czech Republic and in Germany.
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Contractual penalty – the frequent type of security
Šedová, Klára ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
Contractual penalty is an effective and in practice often used type of security. However, we cannot consider the Czech legal regulation of the contractual penalty as ideal and there have been many difficulties connected with the application of this instrument. The thesis aims at clarification of the functions of contractual penalty, conditions for its valid and effective creation and consequences of the excessive sum of contractual penalty. Furthermore, the thesis focuses on the relation between contractual penalty and other legal instruments and finally also on comparison with other types of security. Main legal sources of the final thesis are court decisions, especially judgments of the Supreme Court of the Czech Republic. In the thesis there are used methods of historical and comparative interpretation.
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Work with claims of selected entrepreneurial subject
WEIGNEROVÁ, Jana
Accounting terms are very important for every company in the sphere of company finance, accounting terms are claims and accounts payable. The aim of this work was detailed description of claims which are parts of belongings of any company. The work has two parts, theoretical and practical part. Practical part predominate in this work, the main themes are claims, their operating,ensuring and debt recovery. In the practical part I describe claims of MICo company and I made my own project how to deal with claims. The main reasons why claims come into existence are business relations, but they can be caused by provided deposits, loans and bank credits. Claims from business relations are necessary parts of belongings, because every businessman needs goods and services from others. A company can analyse high earnings and profit in accounting but his financial resources can be essentially different. For a company is very important to have a sufficient number of financial resources and to this a company ensures of claims and then restricts entrepreneurial risk. The ensuring of claims means that contractual partner is obliged to realise his account payable. General forms to ensure claims are for example: penal clause, liability, acknowledge a debt, bank quarantee or altitude of debt. We can divide claims in risk claims and abandoned claims. During trading a lot of profits are formed, these profits can be evoked by for example: political or economical events, announcing a financial insolvency or natural catastrophe. Between the most frequent cause of risk claims are mainly the absence of morality in business relations. If the payment of claim is not done until fixed date, the claim gets the bad debt. The only way how to anticipate abandoned claims is, that busines men do not let them come into existence. MICo, spol. s.r.o. divides debts into short-term and long-term claims. The term of expiration of claims is established at intervals 14 {--} 45 days, it depends on which customer it is. The company of MICo tryes to aviod claims after maturity, therefore MICo makes use of ensuring claims as a penal clause, debt approval, bank quarantee or deposit. In conclusion, I would like to recommend to any company to have an evidence of claims and pay attention mainly to a prevention of claims because the ambit of czech legislation for a protection of rights of an accounting payee and the recovery of claims is generally regarded as deficient. Bankruptcy proceedings is slow and ineffective. During the competition accounting payees have small or even no rights and basically they are degraded inactive role and therefore the whole bankruptcy proceedings is regarded as a paradise for debtors.
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