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Good morals in business relations
Kurník, Jan ; Čech, Petr (advisor) ; Černá, Stanislava (referee)
Good morals in business relations Abstract This thesis explores the concept of good morals in in business relations. Its aim is to contribute to a deeper understanding of the role of good morals in commercial relationships and to provide a comprehensive view of their significance and application in the current Czech legal environment. Through an analytical approach to case law, legislation, and theoretical concepts, it aims to offer a complex analysis of the importance and implementation of good morals in business interactions. Good morals, with a long tradition tracing back to classical Roman law, represent a key moral corrective in legal relationships, evolving through the First Republic and the General Civil Code to the current Civil Code. The work examines how good morals function as a tool for regulating business relationships, focusing on specific cases where the morality of actions between businessmen was subject to judicial review. The thesis begins with a historical excursion mapping the development of the concept of good morals from Roman law to the present day. Through extensive analysis of the jurisprudence of the Constitutional and Supreme Courts, the thesis aims to provide a comprehensive view of how good morals shape relationships between businessmen and how they are reflected in the current...
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Debtor's default
Hartmann, Jiří ; Elischer, David (advisor) ; Dvořák, Jan (referee)
This diploma thesis deals with the issue of debtor's default, as a universal legal institute through the prism of current legislation in private law. It looks at the problem from both a general and theoretical perspective, and also discusses various partial and specific parameters occurring in legal practice. When defining the concept and content of the debtor's default, the conclusion is that the debtor's default can only be discussed when the obligation is not fulfilled in time. Not proper performance does have its reflection to debtor's default only via the creditors entitlement to refuse such a performance, thus causing the debtor to default if the debtor does not correct his performance before the due date. However, if a situation arises where a defective performance is provided and this is accepted by the creditor, then there is no default of a debtor, but the creditor acquires rights from the defective performance. The thesis also deals with the issue of debtor's default in case of monetary obligations, when it discusses, among other things, the issue of contractual and statutory default interests. It compares the development of this regulation in relation to the former legislation represented by Civil Code of 1964, including the development of case law, concluding that, contrary to the...
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