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Contractual penalty in consumer contracts
Beláková, Zuzana ; Elischer, David (advisor) ; Lederer, Vít (referee)
Contractual penalty in consumer contracts Abstract The topic of rigorous work is the contractual penalty in consumer contracts, while this issue is very current, as it falls into the legal area of consumer protection, which belongs to the current most modern trends in private law. The aim of the thesis is to answer, in particular, what are the specifics of the use of the contractual penalty institute in consumer contracts, to analyze the issue of negotiating a contractual penalty in consumer contracts and its permissible amount. Furthermore, the author of the thesis will focus on the possibility of moderating an unreasonably high contractual penalty in consumer contracts and the possibility of negotiating a contractual penalty within the commercial terms of consumer contracts. Last but not least, the author of the thesis intends to analyze the issue of due date and limitation of the right to pay a contractual penalty. The first chapter deals with the functions of the contractual penalty in consumer contracts and contains a brief analysis of individual terms that are central to this rigorous work. The second chapter is focused on the jurisprudence regarding the contractual penalty. The author of the thesis chose two areas, namely the possibility of conditional negotiation of the contractual penalty and the...
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Unilateral changes in commercial terms
Sagan, Klára ; Horáček, Tomáš (advisor) ; Eichlerová, Kateřina (referee)
Unilateral changes in commercial terms Abstract The subject of this thesis is the issue of unilateral changes in commercial terms in B2C relations, both in general legislation and in sectoral legislation, specifically in the Energy Act. The thesis aims to reveal the gaps in the legal regulation and at the same time to fill these gaps or to offer alternative solutions. The thesis is divided into five chapters. The first two chapters represent the theoretical framework necessary for the following parts of the thesis. The first chapter is devoted to commercial terms as a means of standardization and rationalization of legal relations, in particular their concept in Czech legal system, which is crucial for dealing with related institutes, including unilateral changes. The chapter also briefly discusses the conditions of incorporation of standard terms into a contract as a prerequisite for subsequent amendment of commercial terms. The second chapter defines terms that I consider to be important in relation to unilateral changes to commercial terms. The third chapter finally opens up the issue of unilateral changes in commercial terms from a general point of view. It discusses the systematic classification in the Civil Code (CC), the adherence of the term and the development of the institute. The most important...
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Passing of Risk in International Sale Contract under CISG
Dimitrov, Pavel ; Pauknerová, Monika (referee)
PŘECHOD NEBEZPEČÍ DLE ÚMLUVY OSN O SMLOUVÁCH O MEZINÁRODNÍ KOUPI ZBOŽÍ 5 Abstract This thesis is focused on passing of risk of accidental loss and destruction of goods during international sale. The main objective is to fulfil the hypothesis concerning the the regulation of passing of risk in two main sources of its regulation, the Incoterms clauses and the UN Convention on the International Sale of Goods, so called the Vienna Convention, and their mutual relationship in the regulation of this institute. Thesis also contains an analysis of the term danger and its various types. The second part is focused on the revision of Incoterms 2020, comparison of the passing of risk under Incoterms and the Vienna Convention, their similarities and differences and the possibility of their interaction.
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Use of commercial terms in consumer contracts
Beláková, Zuzana ; Patěk, Daniel (advisor) ; Josková, Lucie (referee)
Use of commercial terms in consumer contracts Abstract The topic of this thesis is the use of commercial terms in consumer contracts. The issue is relevant, as it falls within the scope of the protection of consumers, which is one of the most recent trends in private law. The main aim of the thesis is to analyse the legal regulation of the use of commercial terms in consumer contracts and evaluate the possibility of negotiating contractual penalties in commercial terms in consumer contracts. This thesis is divided into four chapters. First chapter concentrates on the sources of legislation, which can be divided into private and public. The constitutional foundations of consumer protection are briefly subjected to an analysis, as consumer protection does not fall only within the sub-constitutional level. Neither Constitution nor the Charter explicitly work with the term consumer protection, but it results from a conflict of autonomy of will and the principle of equality. In this chapter, attention is also paid to the development of consumer protection and the impact of European Union law on this issue. In the second chapter of this thesis, attention is paid to the analysis of basic terms such as consumer, entrepreneur or consumer contract and attention to the issues that may arise during their interpretation...
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Commercial Terms and Clauses in Business Transactions
Ševečková, Jelizavěta ; Horáček, Tomáš (advisor) ; Pelikán, Robert (referee)
1 Abstract Commercial Terms and Clauses in Business Transactions This diploma thesis is focused on the topic of commercial terms and clauses in business transactions. Legislation of commercial terms remains concise, but it contains some news in comparation with the previous legislation valid until January 1st 2014. A major novelty is the issue of conflicts of commercial terms (the battle of forms), the rules for unilateral change and also newly grounded content corrections in the form of surprising arrangements. This fact provides a space for professional literature to create a variety of views and answers to the questions that legal practice provides. Today, commercial terms are a common part of contracts. Using the terms greatly accelerates the contracting process and reduces the costs. Commercial clauses contained in some interpretative rules are also frequently used, mainly in the international business. The aim of this thesis is to analyse how business law experts respond the questions regarding to commercial terms and clauses. As a part of my work, I have also looked at the legislative solutions in the UN Convention on the International Sale of Goods CIGS, the Principles of international trade agreements UNIDROIT and the Principles of European contract law PECL. In the first chapter I defined the...
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Freight Forwarding for Maritime Shipping in CR
Hošková, Lucie ; Novák, Radek (advisor) ; Kolář, Petr (referee)
The aim of this thesis is to provide a reader with the most complex information possible about the field of freight forwarding specialized in maritime shipping and about all the processes which take place in this area. This information could serve for a better orientation for trade or manufacturing companies which need to use maritime transportation and which do not have any or have only little experience with it. My aim is also to show, how to communicate with freight forwarding companies and what prices can be expected.
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Contract analyses, concrete business case
Stepanenko, Karol ; Malý, Josef (advisor) ; Halík, Jaroslav (referee)
At the beginning of the 21st century the international trade gets more important than ever before. The amount of the traded goods rises. There are more and more new small and medium size companies that participate in the international trade but have rather limited experience with it. This brings new threat to the business. It is, therefore, advisable to include one of the thirteen international commercial terms also known as INCOTERMS. These terms are published by the International Chamber of Commerce in Paris. The terms, however, are not a standard part of a contract and therefore if the parties want to use it, they must clearly refer to one in the contract. These 13 terms set rights and obligations for both contract parties. This paper aims to analyze INCOTERMS 2000 and apply the facts on general commercial terms of 1CSC PRECISION TUBES, a.s.
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