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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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Inominated and mixed contracts on the background of the new Civil Code
Šidlo, Jan ; Lederer, Vít (referee)
Inominated and mixed contracts on the background of the New Civil Code Abstract This rigorous thesis deals with contracts that are not specifically regulated by law as a type of contract. These are mainly inominated contracts, but also mixed contracts, combining two or more nominated or inominated contracts. The aim of the rigorous thesis is to focus on certain specifics of concluding these contracts and define the regime by which these contracts will be governed, i.e. whether the general provisions of jurisdical acts are applicable to the inomninated or mixed contract, whether the general provisions of contract law are applicable and whether the special provisions for individual types of contracts are applicable (i.e. the so- called admissibility of analogy with the type of nominated contract, whick is closest to the inominated contract) etc. The author divides the rigorous thesis into eight crutial chapters. The first six chapters form a general part of the rigorous thesis and the remaining two chapters form a special part of the thesis. In the general part, the author defines the inominated contract in Chapter 1, distinguishes it from nominated contracts and asks whether the inominated contract can contain essential elements of a contract in Chapter 2. The author also deals with the relationship between...
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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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Contract on future contract - comparison of the existing and future regulation
Zemanová, Radka ; Černá, Stanislava (advisor) ; Horáček, Tomáš (referee)
no save date (document not saved) Abstract The aim of this thesis was to compare the current legislation regarding a contract on a future contract with the future legislation. As of 1 January 2014 the Act No. 89/2012 Coll., the civil code, will become effective. The new civil code will bring many changes to the Czech legal system. Legal provisions regarding a contract on a future contract will also be amended by the new code. This thesis is divided into seven chapters. Each of these chapters is divided into subchapters. In each chapter I analyze the legal provision regarding the topic of the chapter in general and then I follow up with an analysis of a contract on a future contract. In the first chapter I compare legal provisions on form of a contract on a future contract under the current legislation with the provisions of the new civil code. The new civil code is based on a principle of informality of legal acts. Therefore it will be possible to enter into a contract on a future contract in any form. In the second chapter I analyze subjects of a contract on a future contract. Changes regarding the parties of the contract under the new civil law will not be significant. The third chapter is focused on a mandatory content of a contract on a future contract. The current civil and commercial law differs at...
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