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Agreement to make a contract (pactum de contrahendo)
Král, Václav ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The purpose of this Master's degree thesis is to deal with preparatory institute of private contractual law pactum de contrahendo. This institute passed through to contemporary legislative conception long progress, currently it is in Czech Republic simultaneously regulated in two codes and at the present time performed re-codification of the Czech private law is in submission of the new Czech Civil Code its explicit regulation also contained. The thesis focuses on preliminary agreement being concluded according to valid Czech Civil Code, on its purpose, utilization and function. The thesis characterises its subjects, subject- matter, content and the process between entering into the preliminary agreement and the future agreement. In several cases the thesis provides with alternative approaches to a particular issue, presents judicial opinions of legal experts and pursues case law. The thesis also describes the development of regulation of agreement to make a contract in the context of Czech law within the range, which was appropriate to the subject, the thesis refers to similar legal institutes and compares current valid parallel regulation of preliminary agreements among themselves and with newly suggested regulation with the aim to find advantages and disadvantages of particular regulation....
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Agreement to make a contract (pactum de contrahendo)
Král, Václav ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The purpose of this Master's degree thesis is to deal with preparatory institute of private contractual law pactum de contrahendo. This institute passed through to contemporary legislative conception long progress, currently it is in Czech Republic simultaneously regulated in two codes and at the present time performed re-codification of the Czech private law is in submission of the new Czech Civil Code its explicit regulation also contained. The thesis focuses on preliminary agreement being concluded according to valid Czech Civil Code, on its purpose, utilization and function. The thesis characterises its subjects, subject- matter, content and the process between entering into the preliminary agreement and the future agreement. In several cases the thesis provides with alternative approaches to a particular issue, presents judicial opinions of legal experts and pursues case law. The thesis also describes the development of regulation of agreement to make a contract in the context of Czech law within the range, which was appropriate to the subject, the thesis refers to similar legal institutes and compares current valid parallel regulation of preliminary agreements among themselves and with newly suggested regulation with the aim to find advantages and disadvantages of particular regulation....
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Change of circumstances related to contract on the future contract
Král, Václav ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
The purpose of this rigorosum thesis is to deal with the preparatory institute of private contractual law, pactum de contrahendo, under the influence of a qualified change of circumstances. This institute passed through to the contemporary legislative conception long progress, currently in the Czech Republic its simultaneously regulated into two effective codes and in connection with recent re-codification of the Czech private law, the explicit regulation is also contained in the new Czech Civil Code. The thesis focuses on the preliminary agreement being concluded according to the effective Czech Civil Code, on its purpose, utilization and function. The thesis also characterises its subjects, subject- matter, content and the process between entering into the preliminary agreement and the future agreement. The thesis deals in detail with the extinguishment of obligation deriving from under the influence of changes in circumstances. In several cases the thesis provides alternative approaches to a particular issue, presents judicial opinions of legal experts and pursues case law. The thesis also describes the development of regulation of agreement to make contracts in the context of Czech law within the range, which was appropriate to the subject, the thesis refers to similar legal institutes and...
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Agreement on the Future Agreement according to the arrangement of Commercial Code
Štindlová, Lucie ; Patěk, Daniel (advisor) ; Oehm, Jaroslav (referee)
Resumé Agreement on the Future Agreement according to the arrangement of Commercial Code The thesis deals with the institute of a contract about a future contract in the sense of a commercially legal adjustment. Although the focus is on the analysis of the legal institute according to its currently valid arrangement, the thesis also contains a brief historical excursus about the development of the pacta de contrahendo institute. The reason for it is the fact that a contract about a future contract is a legal institute with a long history which dates in the Roman law, where there cannot be any doubt that the long historical development of the institute of a contract about a future contract contributed to the forming of its current form and concept. From the point of view of the valid legal adjustment of a contract about a future contract implemented by the code of law the thesis deals with single necessities of this legal institute, as to say with the subjects which can conclude a contract about a future contract with essential necessities which condition its valid negotiation. It is also dealt with the consequences of breaking the obligations following from concluding pacta de contrahendo. Collaterally with the analysis of the valid commercially legal adjustment of the pacta de contrahendo institute there...
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