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Unilateral changes in commercial terms
Šípošová, Miroslava ; Horáček, Tomáš (advisor) ; Josková, Lucie (referee)
This Master's thesis deals with the topic of unilateral change of commercial terms and conditions. It focuses mainly on the contractual change regulated in sec. 1752 of the Civil Code which is to respond to the needs arising from the mass conclusion of business contracts. The main goal of this thesis is to evaluate the appropriateness of formulation of the provisions of sec. 1752 of the Civil Code with respect to its purpose declared in the explanatory memorandum. This thesis thus focuses on the Czech legislation and incorporates the relevant case law of the Czech courts and the Court of Justice of the European Union. In addition to the introduction and conclusion, the thesis contains two main chapters. The first chapter provides an overview of the general theoretical scope of commercial terms and conditions. It defines the concept of commercial terms and conditions, their types and divisions, the incorporation of commercial terms and conditions into contracts, including incorporation into adhesion contracts, and their possible content with emphasis on surprising arrangements and conflicts of commercial terms and conditions. The aim of this chapter is to highlight problems of interpretation and conflicts of opinions that are related to this theoretical framework. The second chapter is arranged from...
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Contract of Sale in Private Law
Chvátalová, Daniela ; Dvořák, Jan (advisor) ; Salač, Josef (referee) ; Zahradníčková, Marie (referee)
1 ABSTRACT CHVÁTALOVÁ, Daniela: Contract of Sale in Private Law. [Dissertation thesis]. Charles University. Faculty of Law; Department of Civil Law. Tutor: prof. JUDr. Jan Dvořák, CSc., Head of Department of Civil Law, Vice-Dean for the Doctoral Study Programme and Rigorosum Procedure. Level of professional qualification: Ph.D., Praha: PF UK, 2015. Key words: Civil Code No. 40/1964 Sb. Commercial Code No. 53/1991 Sb. Civil Code No. 89/2012 Sb. Principles of civil law. Purchase. Dual regulation. Precontracting negotiations. Offer and acceptance of the offer. Contract of sale. Purchase of personal property. Purchase of real property. Subject of the contract. Superficies solo cedit. Construction is a part of the land. Hardship clause. Purchase price and manner for determining the purchase price. Commercial terms and conditions. Decrease in a purchase price. Unreasonable decrease in the purchase price Laesio enormis. Price clause. Delivery of goods. Seller's delay in delivery of goods. Transfer of title. Rights in case of defective performance. Quality, quantity, type, and package. Rebus sic stantibus clause. Contractual penalty. Cancellation of a contract of sale. Sale of a plant. Advance payment and retainer. Supranational projects. Draft Common Frame of Reference (DCFR). Principles of European Contract Law...
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