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Consumer contract, direct selling in ČR, EU, USA
Strnadel, Dalibor ; Dvořák, Jan (referee) ; Pohl, Tomáš (referee)
Abstract The purpose of my thesis is to analyse the regulation of consumer contracts negotiated away from permanent retail locations and to outline the industry of direct selling in the Czech Republic, the European Union and the United States. The thesis is subdivided into six independent chapters. Chapter One is introductory and defines basic terminology used in the thesis. This Chapter is divided into three parts. Part One defines direct selling as a channel of distribution for the marketing of products and services directly to consumers. Part Two presents different kinds of direct selling, i.e. door-to-door selling, person-to-person selling, home parties and group selling. Finally Part Three compares direct selling with distance selling. Chapter Two provides an outline of the relevant legal regulation of direct selling. The current legislation in the European level is composed of Directive 85/577/EEC which relates to protection of the consumers in respect of contracts negotiated away from business premises. The Directive has been implemented into Czech legal system on the basis of the Czech Republic's membership in the European Union. The Directive is provided in Section 57 of Czech Civil Code 40/1964 Coll. This Part also looks at the process of the review of the consumer acquis. Chapter Three...
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Invalidity in Civil Law
Langhans, Martin ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The thesis is dealing with the notion of invalidity as a juridical institute of civil code. It is expounding the types of invalidity, their common features and differences between them. Particular reasons of invalidity are being examined in detail. The thesis is focused mainly on comparing the legal regulations of the current and the new Czech Civil code.
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Testate succession
Schneiderová, Martina ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The law of succession is a part of civil law and its main goal is to secure the succession during generations. On somebody's decease there is come to gaining inheritance in the same point. The inheritance proceedings begin ex offo subsequently. The purpose of my thesis is to analyse the institution of testate succession. Actually there are two possibilities of inheritance succession. The first is an intestate succession and the alternative is constituted by a testate succession. Although in the Civil Code there is mentioned the intestate succession in the first place, testate succession holds the first position in practice. In fact legal heirs succeed if a deceased doesn't leave any testament. The exception is represented by forced heirs. The legal grounds to the testamentary succession there is a testament, sometimes called a will of deceased, too. It is necessary to write a testament in compliance with provisions of the Civil Code to be valid. The thesis is composed of five chapters, each of them dealing with different aspects of testate succession. Chapter One is introductory and there is also explained the historical context of testate succession. Chapter Two is named "Preconditions of succession", at first it defines basic terminology used in the thesis, for example the subjective law of succession and...
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A comparison of the property regimes of spouses in Czech and French law
Mackuliaková, Michaela ; Dvořák, Jan (advisor) ; Elischer, David (referee)
A comparison of the property regimes of spouses in Czech and French law The aim of this masters thesis was to compare property regimes of spouses in Czech and French legal systems. The thesis is dealing with different aspects of "marital estate regime" under the Czech Civil Code, "legal regime" under the French Civil Code and the "legal regime" under the new Czech Civil Code effective from 2014 In addition, the aim was also to examine whether the legislators of both countries based the legal texts on similar premises. In cases of missing positive legal norms, the thesis examined whether practice or case law leads the legislators to conclusions similar or completely different in the respective legal systems. The secondary objective was to compare existing and new Czech Civil Code and evaluate the progress in the approach to the institute of marital estate. The marital property law has to face traditionally two interests, namely individual interest of each spouse and the common interest of the conjugal union. It is important to reconcile these two interests to such extent that common interests will be given sufficient protection, but on the other hand, to extent not as restrictive as to cause aversion to the institution of marriage itself. The thesis is composed of four chapters, each of them dealing...
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Evolution of inheritance title deeds
Váňa, Dalibor ; Dvořák, Jan (advisor) ; Elischer, David (referee)
- Evolution of inheritance titles My thesis contains the description and analysis of inheritance titles through the history - from Roman law to legal situation de lege ferenda. The institution of inheritance is an indispensable part of the system of law. The inheritance contributes to keeping property values of a deceased person for his successors, usually for further generations. The inheritance law contributes also to the certainty and continuity in legal relations between entities of civil law relations. The topic of this thesis are inheritance titles, which represent legal grounds of inheritance. The thesis pays the greatest deal of attention to the regulation de lege lata and regulation de lege ferenda and their comparation. Description of the provisions of the civil code is accompanied by important judgments of the courts. Historical excursion starts in the Roman law which is commonly accepted as the basis of the current legal regulations and follows by the brief review of the middle-ages law. The thesis then deals with the Allgemeines bürgerliches Gesetzbuch (ABGB) adopted in 1811. This civil code became the first modern regulation in the Czech territory. ABGB was valid until the beginning of the twentieth century's 50s, after the communist revolution, when new "socialistic" regulation took...
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Contracts made by means of distant communication - the regulation of so-called distant contracts
Jozová, Hana ; Elischer, David (advisor) ; Dvořák, Jan (referee)
The agreements concluded by means of distant communication ("distance contracts") are one of the two types of Consumer Agreements explicitly defined by the Civil Code (the other type being agreements concluded outside usual business premises, "door-to-door contracts"). Consumer Agreements are not a stand-alone contractual type, but merely a specific term for those traditional contractual types (e.g. purchase agreement, agreement for work) concluded between a consumer and a supplier. For the purposes of Consumer Agreements, the supplier is defined as a person acting in the framework of his trade or other business activity, while the consumer is on the contrary a person who doesn't act in the framework of his trade or other business activity. It was the need to establish the higher standard of protection towards consumers (as a weaker contractual party) that led to the introduction of the new instrument of Consumer Agreements into the legal framework. The introduction took place through the Act No. 367/2000 Coll., which implemented into the Czech law three EC directives, namely the Council Directive 93/13/EEC on unfair terms in consumer contracts, the Council Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises, and finally the Directive of the...
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Community property of spouses and its settlement
Muzikář, Martin ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This thesis is primarily based on analysis of practice of the courts and papers, which afford the deeper insight into the relatively short legislation. Certainly could be adopted more particular legislation of the settlement of community property of spouses, decisions on such matters but may not look like as a "juristic machine", which is limited by the particular provisions of law. A key role is played by the legal conclusion of an experienced lawyer who, after analysis of the situation, adjudge in the spirit of the flexible provisions of the law. During the work on this thesis, I therefore had to deal with the different views on the problem and with the obsolete ideas. The work responds to a relatively large number of interpretative differences with the declaration of my own opinion on the problem supported by the relevant arguments. Today we face a very anxious fact that the number of marriages since 1989 is sharply decreasing. This issue is further analyzed in the first chapter where I pointed to some stimuli, which could weaken this trend. It could be very beneficial to realize a sociological research on the factors that cause this adverse trend. In the future it will be interesting to see how these numbers will be affected by the new legislation (i. e. law No. 89/2012 Coll., Civil Code). I...
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Legal regulation of residential lease with the attention to rent
Zítková, Jana ; Salač, Josef (advisor) ; Dvořák, Jan (referee)
This thesis is focused on problems related to the rental housing in the Czech Republic, which is a frequent theme of political as well as legal discussions. Czech population is separated between two sides of the dispute, landlords and tenants, in a way. I have chosen topic "Legal regulation of residential lease with the attention of rent" to familiarize myself with this actual subject. My thesis contains six chapters including the introduction and the conclusion. To understand the origin of present legal regulation of tenement relations, it is important to analyze it in a historical context. First part of the thesis therefore concentrates on the evolution of civil lease regulation, beginning from Roman law, which has put the basis of modern continental civil law, to our history shortly after the revolutionary year 1989. Chapter Three defines general grounds of the topic as international and constitutional basement of the right to abode, legal sources of current lease law and also the subject matter of legal relation of residential lease - a flat. It is necessary to remind that there isn't any general legal definition of flat in present civil law. Chapter Four is concerned with valid law and is subdivided into several parts. First subchapter describes basic terms of lease in general. Second passage explains...
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