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Commercial terms and clauses in business transactions
Hošna, Vojtěch ; Horáček, Tomáš (advisor) ; Pelikán, Robert (referee)
Commercial terms and clauses in business transactions This thesis focuses on contracting with standard commercial terms between entrepreneurs. There are higher demands on the mentioned subjects, and therefore, in these cases, the provisions of the Civil Code governing the standard commercial terms will be interpreted differently than in the case of entrepreneur - to - consumer relationships. At first I will try to define the notion itself of business obligations and standard commercial terms. The thesis prefers material understanding of the standard commercial terms. In the other parts, the thesis deals with the function and division of commercial terms. The Civil Code draws the line between standard commercial terms prepared by professional or interest organisations and other standard commercial terms. On that mentioned professionals or interest organisations do not exist any further qualitative or quantitative requirements. This type of standard commercial terms are in the privileged position as to its incorporation. To be the standard commercial terms able to became the valid part of the contract, the link on that terms has to exist. They have to be futther attached or known to the parties. These steps are described in detail. If the standard commercial terms became valid part of the contract,...
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International sales contract: formation of internationals sales contract under the CISG
Gavrilova, Iva ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
The topic of this thesis is the international sales contract and its formation under the United Nations Convention on Contracts for the International Sale of Goods (CISG or the Vienna Convention). The Vienna Convention is the most significant and widely used legal instrument governing the international sales contract. The aim of this thesis is to highlight interesting aspects of the contract, carry out a deeper analysis of the regulation contained in the Vienna Convention, and to point out and clarify problematic areas. The thesis is composed of two major parts, with the first part essential to the understanding of the second. The first part deals with the basic provisions of the Vienna Convention. It briefly describes its creation, then its sphere of application. Within this part the term "international sales contract" is defined and distinguished from its domestic counterpart and also from the contract for services. The term "goods" is discussed in the context of this regulation. It then deals with the consequences of freedom of contract, the issue of gaps in the regulation and their filling and the interpretation of the regulation. Finally it discusses the question of trade usages, when the CISG differentiates between the usages and practices established between the parties on the one hand and...
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Standardized forms of concluding contracts in international trade
Trojanová, Kamila ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Resumé: Standardized forms of concluding contracts in international trade The contemporary international trade is defined by the standardized approach to commercial transactions. The purpose of my thesis is to analyse legal issues concerning contract formation by means of standardized legal forms in international trade. Chapter One describes the development of standardization in international trade. It introduces and defines basic terminology covering standardized forms of contract formation: standard terms, standard clauses, boilerplate terms, form and model contracts and legal manuals. Chapter Two addresses the process of contract formation under the United Nations Convention on Contracts for International Sale of Goods (CISG) in comparison with the regulation in the Principles of European Contract Law (PECL), Principles of International Commercial Contracts (UNIDROIT Principles, UPICC), Draft Common Frame of Reference (DCFR) and the Proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law (CESL). The emphasis is placed on the incorporation of standard terms into a contract, i.e. into an offer or an acceptance. It is followed by an analysis of the battle of forms and its possible solutions including last shot rule, first shot rule, knock-out rule and...
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