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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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Comparison of the Czech and French Consumer Law with emphasis on Distance contracts and analysis of the relevant French Legal terminology with a glossary
KADLEC, Jakub
The aim of this bachelor thesis is to perform a comparative analysis of Czech and French Consumer law in terms of its legal regulation with an emphasis put on distant contracting. The second objective is to provide a linguistic analysis of French legal terminology and to elaborate French-Czech glossary. The thesis is divided into five main chapters which are internally divided into subchapters. First chapter presents a term Consumer law and its principal characteristics. Second chapter is dedicated to Consumer law in Czech Republic and its legal regulation. Third chapter deals with legal regulation of Consumer law in France. Fourth chapter is focused on comparison of Czech and French legal regulation of Consumer law. Fifth chapter contains a linguistic analysis of French legal terminology and French-Czech glossary. The thesis ends with a conclusion and a summary in French.
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Nekalé obchodní praktiky při distančním sjednávání spotřebitelských smluv
Řezníčková, Nikola
This bachelor thesis deals with unfair business practices used by entrepreneurs towards consumers when negotiating consumer contracts by distant communication. The research part is primarily dedicated to such issues legal regulatory and consumer rights defending organizations. The analytical part is dedicated to specific examples from common practice, on which basis the final recommendation is made to minimize consumers undesirable economic impacts and the risks associated with making of contracts in distant manner.
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Business contracts with consumers
Bém, Jáchym ; Liška, Petr (advisor) ; Čech, Petr (referee)
Title: Business contracts with consumers This thesis presents an analysis of the general regulation of consumer contracts. Given the comprehensive nature of this topic and its many ambiguities due, among other things, to the recodification of civil law, it was not possible to address every aspect of consumer law. This is also why the specific regulation of distance contracts and of contracts concluded outside of business premises was not analysed. On the other hand, emphasis is placed on provisions whose interpretation is uncertain and that require clarification by means of the case law. The thesis consists of five chapters which are divided into several thematic topics. In the chapter one, I introduce the basic issues which I will analyse in detail and for which I attempt to find or at least outline possible solutions. It is first necessary to introduce the topics in terms of their legislative classification and to define the basic concepts of consumer law - consumer, entrepreneur and consumer contracts. The fourth chapter is the most comprehen- sive and forms the core of the thesis. It contains an analysis of the specifics of consumer con- tracts, which are compared to the general regulation of the law of obligations and are system- atically divided into subchapters. Each subchapter summarizes...
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Consumer in Contracts Concluded on the Electronic Communications Market.
Martiška, Daniel ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Title Consumer in Contracts Concluded on the Electronic Communications Market. Abstract This diploma thesis Consumer in Contracts Concluded on the Electronic Communications Market deals with issues that every consumer might be interested in. Its aim is to make the reader familiar with the de lege lata status focusing on the protection of the rights of the distance contracts participants being consumers. Further, the dissertation deals with its intended amendment having been initiated by the Czech government and the de lege ferenda status. There is also a consideration whether the current level of regulation in place resulted from the act, the regulator and the EU has not exceeded a certain rational limit - in which case it would mean that the regulation itself has become non-efficient and could be regarded as a large further development barrier. The dissertation also involves and mentions the most characteristic institutes which can be found in concluded contracts, e.g. contractual penalty, unilateral changes made by contract provider or withdrawal from the agreement. Such institutes - which cannot be construed as consumer friendly - are sometimes overused by the service providers and thus make the consumers unsatisfied and indignant. As a source for the thesis, I used both domestic and foreign legislation,...
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Business contracts with consumers
Bém, Jáchym ; Liška, Petr (advisor) ; Čech, Petr (referee)
Title: Business contracts with consumers This thesis presents an analysis of the general regulation of consumer contracts. Given the comprehensive nature of this topic and its many ambiguities due, among other things, to the recodification of civil law, it was not possible to address every aspect of consumer law. This is also why the specific regulation of distance contracts and of contracts concluded outside of business premises was not analysed. On the other hand, emphasis is placed on provisions whose interpretation is uncertain and that require clarification by means of the case law. The thesis consists of five chapters which are divided into several thematic topics. In the chapter one, I introduce the basic issues which I will analyse in detail and for which I attempt to find or at least outline possible solutions. It is first necessary to introduce the topics in terms of their legislative classification and to define the basic concepts of consumer law - consumer, entrepreneur and consumer contracts. The fourth chapter is the most comprehen- sive and forms the core of the thesis. It contains an analysis of the specifics of consumer con- tracts, which are compared to the general regulation of the law of obligations and are system- atically divided into subchapters. Each subchapter summarizes...
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Distance contracts and contracts concluded out of business premises
PETROVÁ, Michaela
The main aim of my bachelor thesis is to define main terms and to analyse legislation which is related to distance contracts and contracts concluded out of business premises. The legislation which is deal with these types of contracts are especially The new civil code and Consumer protection act. These regulations have been created for protection of weaker side. The aim of the practical part is to find out consumer´s experiences with concluding these types of contracts through the research by the questionnaire.
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Business contracts with consumers
Bém, Jáchym ; Liška, Petr (advisor) ; Čech, Petr (referee)
Title: Business contracts with consumers This thesis presents an analysis of the general regulation of consumer contracts. Given the comprehensive nature of this topic and its many ambiguities due, among other things, to the recodification of civil law, it was not possible to address every aspect of consumer law. This is also why the specific regulation of distance contracts and of contracts concluded outside of business premises was not analysed. On the other hand, emphasis is placed on provisions whose interpretation is uncertain and that require clarification by means of the case law. The thesis consists of five chapters which are divided into several thematic topics. In the chapter one, I introduce the basic issues which I will analyse in detail and for which I attempt to find or at least outline possible solutions. It is first necessary to introduce the topics in terms of their legislative classification and to define the basic concepts of consumer law - consumer, entrepreneur and consumer contracts. The fourth chapter is the most comprehen- sive and forms the core of the thesis. It contains an analysis of the specifics of consumer con- tracts, which are compared to the general regulation of the law of obligations and are system- atically divided into subchapters. Each subchapter summarizes...
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Legal modification of selected consumer contracts
Nováková, Michaela ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Development of consumers' protection issue dates back to 1970s but real beginning of the issue is considered to be at the turn of 1980s and 1990s. Ever since then has this area gone through dynamic development. The main reason behind that is fact that consumer contracts became everyday reality of our life (when buying goods, using public transportation or eating in restaurants). Another reason is unfair or even abusing behavior of businessman towards consumers. Thus main purpose of consumer's law is setting up of balance that is disrupted by economic strength and supremacy of businessman over consumer. That is achieved primarily by binding legal enactment. Securing protection of consumers from point of view both private law and public law including definitions of consumer, businessman and consumer contract is described in chapter number four and six. Consumer law isn't privilege of civil law only. Whole sphere of consumer law overlaps into commercial law, administrative, criminal and European law as well. Numerous legal acts, public notices, regulations and orders that more or less regulate consumer law are the evidence. Consumer law is strongly affected by European legislation - especially by secondary sources of law (directives). Both evolution and sources of law are described in chapter number...
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Business contracts with consumers
Kozáková, Dominika ; Liška, Petr (advisor) ; Patěk, Daniel (referee)
Thesis title: Business contracts with consumers The objective of this thesis is to analyse current legislation in Czech Republic regarding consumer law, especially business contracts concluded with customers. The main objective of this thesis is the assessment of selected provisions of the consumer legislation from entrepreneur's view and analyse whether the consumer protection provisions in question are justified and not unreasonably limiting for the entrepreneur. The thesis is divided into 5 main chapters. Each of them deals with selected aspects of the topic in question. For the completion of the thesis were used domestic and foreign resources, especially legislation, specialised literature and the case-law. First chapter is introductory and contains my reasons and motivation for the choice of the thesis topic. Second chapter briefly summarizes world history of consumer law and history of consume law in Czech Republic. The focus is mainly on putting the Czech consumer law into context with European Union consumer law, because it is primarily based on it. The aim of the third chapter is to carefully define the main terms of consumer law which will be used in the whole thesis. The fourth chapter is the most comprehensive and forms the core of the entire thesis. It is divided into four thematic...
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