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Boilerplate contracts made by an entrepreneur
Chalabi, Robin ; Horáček, Tomáš (advisor) ; Hurychová, Klára (referee)
Boilerplate contracts made by an entrepreneur Abstract The diploma thesis thematically focuses on an issue of contracts of adhesion which are concluded by entrepreneur in the course of trade. Contracts of adhesion are characterised by a specific, adhesive, method of entering into contracts based on the principle of take it or leave it which relies on the fact that the basic terms of contract are determined by one of the contractual parties which results in reducing the options of the weaker contractual party to full acceptance of unilaterally determined basic terms of contract or to the rejection of the contract as a whole. The aim of this diploma thesis is the presentation of a comprehensive analysis of the legal institute of contracts of adhesion de lege lata which is completed by synthesis of the insights in question into relevant theoretical and practical conclusions, including considerations de lege ferenda. The legal institute of contracts of adhesion with regard to the aim of the diploma thesis is subjected to theoretical analysis from the point of view of historical development, from the point of view of definition of the thematically relevant legal concepts de lege lata which are entrepreneur, weaker entrepreneur, consumer or legal regimes of contractual relations, from the point of view of...
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Conclusion of adhesion contracts by entrepreneurs
Hlůže, David ; Horáček, Tomáš (advisor) ; Zahradníčková, Marie (referee)
Conclusion of adhesion contracts by entrepreneurs Abstract The aim of this work is to describe the conditions under which the protective provisions of the Civil Code on the conclusion of contracts in an adhesive manner are applied in relations where the entrepreneur acts. In this regard, attention is focused on the definition of the weaker party and the individual conditions that the entrepreneur must meet if he is to enjoy the protection of the weaker party. Subsequently, the work deals with the institute of concluding contracts in an adhesive manner, formulating its individual features and manifestations, especially in commercial practice. This work consists of an introduction, four chapters and a conclusion. The first chapter forms the basis for the rest of this work, by defining the weaker party with an emphasis on relations between entrepreneurs. Furthermore, this form describes the form of protection of the weaker party with an analysis of private and public protection of the weaker entrepreneur. The second chapter deals with contracts concluded in an adhesive manner and burden of proof beard by the contracting party. Subsequently, this work captures the most common forms in contractual practice such as general terms and conditions, form documents or framework contracts. A specific form of adhesion...
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Boilerplate contracts made by an entrepreneur
Válek, Petr ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Entering into contracts of adhesion by entrepreneur Abstract This thesis is focused on the topic of entering into contracts of adhesion by entrepreneur. It is an agreement that allows one party no bargaining power, typically to the weaker party and though is limited only to accept it or to reject it. In this thesis I pursue to describe problematics of adhesional contracts in detail focusing on specifics related to entrepreneur and possible lack of legislation. At the end of this thesis i describe the benefits of this institute and it's possible future evolution. Key Words Contracts of adhesion, Standardize form of a contract, clauses, freedom of contract, weaker contractual party, entrepreneur
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Legal instruments for the protection of weaker side within the obligation
HLADOVÁ, Barbora
The aim of the thesis is to discuss of significant principle in civil law, protection of weaker sides and about instruments leading to the realization. The work is focused on the allocation of specific tools for protection the weaker side. For these purposes, the existing legislative measures are used. The thesis deals with the disproportionate shortening also named Laesio Enormis, the contracts that are concluded with an adhesion method and the usury. Subsequently, there is analysed the chosen area of the protection of weaker side within the obligation which is the protection of consumer. From the findings is carried out the research by the questionnaire. Obtained data are analysed by the program Excel and from these outcomes, there is evaluated the conclusions of the work.
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