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Late payment interest and contractual penalty in theory and practice
Voborský, Jan ; Dvořák, Jan (advisor) ; Janoušková, Anežka (referee)
in English, Title and Keywords Late payment interest and contractual penalty in theory and practice This diploma thesis is concerned with late payment interest, contractual penalty and their mutual comparison. Late payment interest and contractual penalty are both very important and frequently used institutes of civil law. Both of them show many similarities on one hand, but on the other hand they also have many differences. I address this similarities and differences specifically in the third part of my thesis, where I not only explore the differences that can be easily recognised from the text of the Civil code itself (e.g., how these legal institutes arise) but also the finer nuances, which are often the subject of expert/scholar discussion or arise only in the complex legal disputes (e.g., which function should prevail in the given institution). However, before I could compare these two institutes, it was necessary to describe each of them individually. I deal with this in the first two parts of my work. In the part of my thesis concerning late payment interest, I focused on describing its functions, conditions which must be met in order to the right on late payment interest arise and the determination of its amount. Regarding the determination of its amount, I describe both the automatic...
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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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Contractual penalty and late payment interest in the private law
Hrmová, Monika ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
The thesis "Contractual penalty and late payment interest in the private law" deals with the relevant current Czech private legislation of the contractual penalty and late payment interest. Then this thesis tries to compare many aspects of the contractual penalty and late payment interest and concentrates on problems resulting from it. After this thesis examines the legal regulation of the contractual penalty and late payment interest "de lege ferendae" and refers to the possible solution of problematic aspects in the bill of the new Czech Civil Code. The last chapter of this thesis is devoted to the character of the contractual penalty and late payment interest in the European law and Francophone law systems.
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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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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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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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