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Clausula Rebus sic stantibus in contractual relations
Doksanská, Debora ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Clausula Rebus sic stantibus in contractual relations Abstract The main topic of this thesis is mainly the evaluation of the legal regulation of the clausula rebus sic stantibus. Its purpose is a kind of right of the contracting party concerned to provoke negotiations on the content of the obligation and to adjust the relations between the contracting parties, which will help to restore the balance within the contractual relationship. This right of the party concerned is subject to a substantial change of circumstances, i.e. there must be a change of circumstances of such a serious nature as to fundamentally alter the terms of the contractual obligation. There is still a conflict between two directions in the approach to this issue. The first is that it is a fundamental interference with the legal certainty of the parties and with the principle of pacta sunt servanda, and that such an institution should not be part of the legal order because it is essentially against the principles that are the cornerstones of civil law. The second approach is rather positive and welcomes its inclusion in the legal order, the institute thus ensures fairness and equilibrium between the parties in contractual relations and makes it possible to intervene in unforeseeable situations to save the conditions prevailing in the...
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Economic impossibility to perform: change of circumstances in new Czech civil code
Petrásek, Matěj ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
Economic impossibility to perform Change of circumstances in new Czech civil code The topic of this thesis is the institute of economic impossibility to perform, or respectively change of circumstances. This institute of civil law is a part of new Czech civil code. This code shall be in effect on 1st January 2014. Similar institute has not been codified in our legal systém before. The economic impossibility is an institute focused on dynamics of surrounding circumstances of a concluded agreement. It solves exceptional cases in which unexpected events occur that adversely affect the functioning or equitable balance of the agreement. The uncodified nature of the institute does not mean that the cases were not solved before. Actually on contrary. After the 1st and the 2nd World War, especially after the first one, the czechoslovakian courts had to decide many cases related to this matter. In the first chapter of this thesis I have defined economic impossibility and related terms. After that I have shortly presented a history of institute of commercial impossibility and in chapter three I have focused intensively on a doctrine of the Czech first republic (1918 - 1938). In chapter four I have surveyed "old", still effective, civil code in a light of new Supreme court's decision. In chapter five I have summed up...
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The impact of altered realtions upon the duration of an obligation
Raffaiová, Markéta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
1. Summary The Influence of a Change of Circumstances on the Existence of an Obligation The purpose of my thesis is to present a brief outline of the problems concerning the impact of the change of circumstances on the existence of an obligation. The leading principle looking into this issue is the rebus sic stantibus principle. This principle can be considered as the opposite of the contemporary major contract rule worshipped by most of the European states and thus legal systems, the pacta sunt servanda principle. This principle, meaning the necessity of putting emphasis on the performance, is at present the fundamental principle of contract law of the Czech republic too. However, day-to-day life creates situations, in which the strict compliance with this principle can be in conradiction with justice and the contractor's expectations of the fairness of the law. The rebus sic stantibus principle is presently applied usually only to rare specific cases, the question, whether it should be allowed to terminate the contract under a essential change of the circumstances to all contracts in general, is an object of long-term discussions among many legal experts and legislators. This thesis is composed of five chapters, each of them dealing with different aspects of the essentialy changed circumstances (also...
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The change of circumstances and its impact upon the duration of obligations
Kašpar, Jakub ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Change of circumstances and its effect on a duration of an obligation In particular cases, an unexpected supervening event may substantially affect original equilibrium of a contract, or make the performance for one of the parties much more burdensome, so that it would be greatly unjust to hold the parties to their obligations. In such situations, when the performance of one of the parties has become much more onerous, a conflict may rise between the classical principles of contractual freedom, sanctity of the contract, certainty of the law and pacta sunt servanda, on the one hand, and principle of contractual fairness, equity and good faith on the other. Pacta sunt servanda, principle accepted by most of developed legal systems, determines that obligations which are validly concluded, must be fulfilled, parties are bound by their agreement. In case of change of circumstances, this may lead to situations, when it would be unjust to hold the debtor to the obligation. This makes the topic of the thesis very controversial and polemic. The topic of this thesis is a change of circumstances and its impact on an existing obligation. The aim of the thesis is to focus and describe relevant legal doctrines, institutes, and possible solutions of the problem. Another purpose is to analyze different legislations and...
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Clausula rebus sic stantibus in obligation law
Jampílek, František ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
[Clausula rebus sic stantibus in obligation law] Abstract The paper examines the clause rebus sic stantibus in the law of obligations. The clause is first generally explained, especially in terms of its relationship to the fundamental principle of pacta sunt servanda, its role in the law of obligations and its position in the context of changing circumstances, subsequent impossibility of performance or unattainable obligations. The paper then documents the origin and development of the concept of rebus sic stantibus, as well as selected theoretical approaches that could compete with this clause, such as the German Voraussetzungen or Wegfall der Geschäftsgrundlage, the French théorie de l'imprévision or the English doctrine of frustration. This is followed by the history of the clause in today's Czech Republic, beginning with the General Civil Code up to the adoption of the current Civil Code. The paper then moves on to a critical analysis of the legal clause de lege lata, which primarily discusses the nature of legal norms, the structure of existing legislation and especially conditions for the application of the clause or the consequences of the cumulative fulfilment of these conditions. Conditions may include additional and substantial changes in circumstances, the emergence of gross disparity in the...
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The change of circumstances and its impact upon the duration of obligations
Kašpar, Jakub ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Change of circumstances and its effect on a duration of an obligation In particular cases, an unexpected supervening event may substantially affect original equilibrium of a contract, or make the performance for one of the parties much more burdensome, so that it would be greatly unjust to hold the parties to their obligations. In such situations, when the performance of one of the parties has become much more onerous, a conflict may rise between the classical principles of contractual freedom, sanctity of the contract, certainty of the law and pacta sunt servanda, on the one hand, and principle of contractual fairness, equity and good faith on the other. Pacta sunt servanda, principle accepted by most of developed legal systems, determines that obligations which are validly concluded, must be fulfilled, parties are bound by their agreement. In case of change of circumstances, this may lead to situations, when it would be unjust to hold the debtor to the obligation. This makes the topic of the thesis very controversial and polemic. The topic of this thesis is a change of circumstances and its impact on an existing obligation. The aim of the thesis is to focus and describe relevant legal doctrines, institutes, and possible solutions of the problem. Another purpose is to analyze different legislations and...
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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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The impact of altered realtions upon the duration of an obligation
Raffaiová, Markéta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
1. Summary The Influence of a Change of Circumstances on the Existence of an Obligation The purpose of my thesis is to present a brief outline of the problems concerning the impact of the change of circumstances on the existence of an obligation. The leading principle looking into this issue is the rebus sic stantibus principle. This principle can be considered as the opposite of the contemporary major contract rule worshipped by most of the European states and thus legal systems, the pacta sunt servanda principle. This principle, meaning the necessity of putting emphasis on the performance, is at present the fundamental principle of contract law of the Czech republic too. However, day-to-day life creates situations, in which the strict compliance with this principle can be in conradiction with justice and the contractor's expectations of the fairness of the law. The rebus sic stantibus principle is presently applied usually only to rare specific cases, the question, whether it should be allowed to terminate the contract under a essential change of the circumstances to all contracts in general, is an object of long-term discussions among many legal experts and legislators. This thesis is composed of five chapters, each of them dealing with different aspects of the essentialy changed circumstances (also...
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Economic impossibility to perform: change of circumstances in new Czech civil code
Petrásek, Matěj ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
Economic impossibility to perform Change of circumstances in new Czech civil code The topic of this thesis is the institute of economic impossibility to perform, or respectively change of circumstances. This institute of civil law is a part of new Czech civil code. This code shall be in effect on 1st January 2014. Similar institute has not been codified in our legal systém before. The economic impossibility is an institute focused on dynamics of surrounding circumstances of a concluded agreement. It solves exceptional cases in which unexpected events occur that adversely affect the functioning or equitable balance of the agreement. The uncodified nature of the institute does not mean that the cases were not solved before. Actually on contrary. After the 1st and the 2nd World War, especially after the first one, the czechoslovakian courts had to decide many cases related to this matter. In the first chapter of this thesis I have defined economic impossibility and related terms. After that I have shortly presented a history of institute of commercial impossibility and in chapter three I have focused intensively on a doctrine of the Czech first republic (1918 - 1938). In chapter four I have surveyed "old", still effective, civil code in a light of new Supreme court's decision. In chapter five I have summed up...
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