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Framework Contracts and General Terms and Conditions
Koukalová, Simona ; Moravec, Tomáš (advisor) ; Kostelanský, Ludvík (referee)
The thesis deals with the meaning and use of so-called the framework agreements and general business conditions in contracts in business relations between entrepreneurs. Besides the initial issues related to legislation and the ways of concluding agreements in the new Civil Code, no. 89/2012 Coll. Attention is paid to the interpretation of the meaning and practical application of the concept of so-called framework agreements as a specific type of unnamed contract, with an emphasis on so-called general purchase agreements and distribution agreements. This work then provides analysis of the importance and forms of use of general terms and conditions, which are in the nature of indirect and secondary contractual arrangements, both in terms of the overall framework of contractual relations (long-term business cooperating parties), as well as the determination of specific parts of the content of individual contracts. Particular attention is paid to the possible application of more general business conditions in the contract as part of a new way of solving the so-called "battle of the forms", and related commercial and contractual risks. The forgoing is the setting for the object of this thesis, which is to confirm or refute the hypothesis that the new modification of obligations, and especially general business conditions, in the business environment brought major legal uncertainty and confusion. The conclusion is devoted to the problem of the hierarchy of the advantages of both the use of framework agreements and also general business conditions and individual contracts, as well as specific issues of the use of framework agreements and the general conditions in international trade.
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