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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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Delay in the new Civil Code
Doležal, Tomáš ; Štenglová, Ivanka (advisor) ; Patěk, Daniel (referee)
The thesis which is called "Delay in the new Civil Code" analyses the general legal regulation of delay and its consequences under the current civil code and related European and Czech legislation. The thesis explains the system of the current regulation, explains the nature and meaning of delay, defines the term "delay" and partial terms "debtor's delay" and "creditor's delay" and how they relate to the term of performance of a obligation. The work further focuses on analysis of the individual consequences of debtor's delay" and "creditor's delay. The closing part of the work contains comparison of the current Czech legislation with the international regulations such as UNIDROIT Principles of International Commercial Contracts (PECL); The Principles of European Contract Law and Draft of a Common Frame of Reference (DCFR).
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Delay in the new Civil Code
Doležal, Tomáš ; Štenglová, Ivanka (advisor) ; Patěk, Daniel (referee)
The thesis which is called "Delay in the new Civil Code" analyses the general legal regulation of delay and its consequences under the current civil code and related European and Czech legislation. The thesis explains the system of the current regulation, explains the nature and meaning of delay, defines the term "delay" and partial terms "debtor's delay" and "creditor's delay" and how they relate to the term of performance of a obligation. The work further focuses on analysis of the individual consequences of debtor's delay" and "creditor's delay. The closing part of the work contains comparison of the current Czech legislation with the international regulations such as UNIDROIT Principles of International Commercial Contracts (PECL); The Principles of European Contract Law and Draft of a Common Frame of Reference (DCFR).
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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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Ekonomické dopady probíhající rekodifikace soukromého práva, především ve vztahu k odpovědnostním závazkům
Chromčák, Daniel
In this diploma thesis, I evaluate the impact of the recodification of private law. Recodification especially means a new Civil Code and I focus in particular on the impacts in relation to liability obligations of entrepreneurs. Liability obliga-tions arise due breach of contractual obligations, which implies the relevant responsibilities. The theoretical part provides an analysis of the current state of the issue in professional literature. In this part, I analyse the key factors, the liability for damage, delay, and the liability for defects. The practical part is focused on comparing the new rules of the new Civil Code to compare with the original legislation in the original civil and commercial code. I rate primarily economic impact on the company's economy, specifically in connection with the recodification. The knowledge gained from practical examples and theory will be treated as recommendations for entrepreneurs in the process of concluding contracts with their business partners or customers.
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