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Right from a defective pe rformance and right to compensation for damage
Císařovský, Adam ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
1 Right from a defective performance and right to compensation for damage Abstract This thesis deals with the interrelation of the institutes of the right from a defective performance and the right to compensation for damage. The institutes of rights from defective performance and the right to compensate for damage caused by the provision of defective performance are both commonly perceived as breaches of obligation, and the literature consistently classifies them under the concept of breach of contract. The aim of this thesis is to analyse the defective performance as a necessary prerequisite for both claims arising from the right from defective performance and the right to compensation for damage. The thesis deals with the relationship of the above-mentioned institutes, which are in the Czech legal environment in the relationship of exclusivity of the right from defective performance to the right to compensation for damage on the basis of the provisions of Section 1925 of the Civil Code, according to which the acquirer of a performance that is defective must claim these defects only through the legal provisions of the right from a defective performance. The thesis then uses analytical, critical, comparative and descriptive research methods. In the first chapter of the thesis, the descriptive method is...
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Rights from defective performance in consumer contracts
Nováková, Kristýna ; Elischer, David (advisor) ; Dvořák, Jan (referee)
1 Rights from defective performance in consumer contracts Abstract This diploma thesis deals with rights from defective performance in consumer contracts, with both the general regulation of the rights of defective performance in the contract between the entrepreneur and the consumer, as well as the specific rights of defective performance in this contract in the case of the purchase contract and contract for work. The thesis contains definitions of the basic subjects of consumer law, as well as legal terms, which are often associated with the application of legal rules of consumer law. Such terms are defective performance, as well as individual types of defects, or even the disputed warranty under the law or voluntary contractual guarantees provided by the seller. This thesis deals in detail with the rights of defective performance, which belongs to the buyer in case of conclusion of the purchase contract. A special focus is given to the special subsection of civil code on the sale of goods in the shop. The part of this thesis is also the definition of the term of complaint, the exercise of the right from defective performance in terms of its content, manner or form, or the work also represents the persons entitled or compulsory to complain. The thesis also solves problems with proper application of the...
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