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Business contract concluded with consumers
Vavroušková, Barbora ; Liška, Petr (advisor) ; Patěk, Daniel (referee)
This thesis deals with the legal regulation of contracts concluded with consumers contained mainly in the Civil Code under the provisions on obligations under contracts concluded with consumers. It starts with a brief overview of historical development of consumer protection legislation. This is followed by an analysis of basic concepts, specifically definition of consumer and the trader, and also description of commercial contracts concluded with consumers. Following this, the work provides a complex overview of the relevant Czech legislation. Subsequently, the thesis focuses on the analysis and evaluation of the general rules of the process of concluding contracts with consumer in the Civil Code and also an analysis and evaluation of current legal regulation of contracts on financial services concluded with consumers by distance form. Specifically, it deals within the general rules of the consumer contract process, information obligation of the trader, rules on the interpretation of the content of consumer contracts, prohibited terms in consumer contracts and specific rules on withdrawal of consumer from the contract. Within the framework of the financial services contracts legislation concluded by distance, the following analyses the provisions on the information obligation of the trader and on...
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Contracts made by means of distant communication - the regulation of so-called distant contracts
Jozová, Hana ; Elischer, David (advisor) ; Dvořák, Jan (referee)
The agreements concluded by means of distant communication ("distance contracts") are one of the two types of Consumer Agreements explicitly defined by the Civil Code (the other type being agreements concluded outside usual business premises, "door-to-door contracts"). Consumer Agreements are not a stand-alone contractual type, but merely a specific term for those traditional contractual types (e.g. purchase agreement, agreement for work) concluded between a consumer and a supplier. For the purposes of Consumer Agreements, the supplier is defined as a person acting in the framework of his trade or other business activity, while the consumer is on the contrary a person who doesn't act in the framework of his trade or other business activity. It was the need to establish the higher standard of protection towards consumers (as a weaker contractual party) that led to the introduction of the new instrument of Consumer Agreements into the legal framework. The introduction took place through the Act No. 367/2000 Coll., which implemented into the Czech law three EC directives, namely the Council Directive 93/13/EEC on unfair terms in consumer contracts, the Council Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises, and finally the Directive of the...
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Rights and obligations of parties to consumer contracts with a focus on distance contracts
Vacková, Kristýna ; Elischer, David (advisor) ; Dvořák, Jan (referee)
This thesis deals with the rights and obligations of parties to consumer contracts, where on the one hand is the consumer and the entrepreneur on the other. The thesis focuses on consumer distance contracts. The rule of law is protecting the consumer as a weaker party, and so the legislation strengthens the consumer's position. This tendency is even more significant for distance contracts, given that the distance nature of contracting may further disadvantage consumers. The thesis is divided into three thematic sections, preceded by definitions of terms that are crucial to the chosen topic of the thesis. The individual thematic sections of the tesis are subsequently: information obligations of entrepreneurs, withdrawal from the contract and rights arising from a defective performance. The first part deals with the various information obligations of the entrepreneur with a division into the information obligations resulting from the Civil Code and then from other legal regulations. The summary of this section is a simple list of mandatory information demonstrated on the model case. The second part is devoted to analyzing a specific institute for consumer distance contracts, namely withdrawal from the contract without giving a reason within a fourteen-day period. The third part defines the rights...
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Discount portals
BAGOVÁ, Veronika
The bachelor thesis is about discount portals, in particular about legal relations between the relevant contract parties. The aim of this work is therefore to describe and analyse these relations. In the first part the work speaks about discount portals in general what they are and how they work from the consumer perspective. The thesis also deals with consumer law, especially with sales contract, agency contract and how the distance contracts are concluded. The second part of this work is practical research. The research is based on my own experience with the discount portals and the comparison of the commercial terms and conditions concerning the three most popular discount portals in the Czech Republic.
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Contracts made by means of distant communication - the regulation of so-called distant contracts
Jozová, Hana ; Elischer, David (advisor) ; Dvořák, Jan (referee)
The agreements concluded by means of distant communication ("distance contracts") are one of the two types of Consumer Agreements explicitly defined by the Civil Code (the other type being agreements concluded outside usual business premises, "door-to-door contracts"). Consumer Agreements are not a stand-alone contractual type, but merely a specific term for those traditional contractual types (e.g. purchase agreement, agreement for work) concluded between a consumer and a supplier. For the purposes of Consumer Agreements, the supplier is defined as a person acting in the framework of his trade or other business activity, while the consumer is on the contrary a person who doesn't act in the framework of his trade or other business activity. It was the need to establish the higher standard of protection towards consumers (as a weaker contractual party) that led to the introduction of the new instrument of Consumer Agreements into the legal framework. The introduction took place through the Act No. 367/2000 Coll., which implemented into the Czech law three EC directives, namely the Council Directive 93/13/EEC on unfair terms in consumer contracts, the Council Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises, and finally the Directive of the...
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Consumers protection during the process of contracting
Kakáčková, Tereza ; Švarc, Zbyněk (advisor) ; Kříž, Radim (referee)
The main purpose of diploma thesis - Consumers protection during the process of contracting - was to analyze the consumer protection legislation at national level and European level. Thesis deals with consumers protection during the process of contracting in Czech Republic with closer focus on distance contracts and off-premises contracts. The general part of thesis provides a comprehensive insight into the private, public and European regulation of consumer law, as well as it summarizes basic concepts and consumer contracts more in detail. Two chapters of the general part are devoted to the distance contracts and to the off-premises contracts. Analytical part of thesis is based on quantitative research made by me. These results are compared with the results of two European surveys (Eurobarometers). The aim of the research was to define the attitude of Czech consumers to the consumer law, protection of the consumer rights and also find out more about their approach within the distance contracts.
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Comparison of legislation of consumer contracts in the Czech Republic and in Spain
Karpetová, Andrea ; Hásová, Jiřina (advisor) ; Grmelová, Nicole (referee)
Consumer law is harmonised at European Union level, however, even though there are still differences in the legislation of individual states. The aim of this thesis is to describe and compare the Czech and Spanish legislation relating to consumer distance contracts and contracts concluded away from business premises. The thesis is divided into four chapters that firstly analyse the issue in both countries separately, and then provide a partial comparison. The thesis deals with an overview of the sources of consumer law, consumer policy institutions and organisations, definitions of basic concepts relating to consumer contracts, the general rules relating to all consumer contracts and at the conclusion with specific conditions that must be followed when concluding distance contracts and contracts away from business premises.
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