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Mistake
Musil, Jan ; Zvára, Michael (referee)
Mistake Abstract The final thesis discusses the issue of mistake in civil law. The aim is to map out in detail the background of the overly brief wording of the law, which is associated with a large number of interpretation problems. The main focus is on the means of inducing a mistake, the question of excusability and the importance of deceit and fraud in legal acts. The text is based on Czech and foreign scholarly literature and case law, especially of the Supreme Court. In the introductory chapters, the wording of law is set in a broader perspective. First, key principles for the interpretation, as well as theories dealing with the issue of the conflict between expression and will, are presented. Subsequently, the historical genesis of the laws on mistake is presented, which is of considerable importance for the subsequent interpretation. One of the pillars of the work is a theoretical division of specific types of errors. Further ways of inducing error are discussed. With the help of historical, logical and systematic interpretation, a conclusion is made about the need to bridge the textual imperfection of the law. The specific nature of deceit is taken into account. An excursion into foreign unification projects, which process the wording of provisions of mistake more precisely is important for the...
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Mistake
Musil, Jan ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Mistake Abstract The final thesis discusses the issue of mistake in civil law. The aim is to map out in detail the background of the overly brief wording of the law, which is associated with a large number of interpretation problems. The main focus is on the means of inducing a mistake, the question of excusability and the importance of deceit and fraud in legal acts. The text is based on Czech and foreign scholarly literature and case law, especially of the Supreme Court. In the introductory chapters, the wording of law is set in a broader perspective. First, key principles for the interpretation, as well as theories dealing with the issue of the conflict between expression and will, are presented. Subsequently, the historical genesis of the laws on mistake is presented, which is of considerable importance for the subsequent interpretation. One of the pillars of the work is a theoretical division of specific types of errors. Further ways of inducing error are discussed. With the help of historical, logical and systematic interpretation, a conclusion is made about the need to bridge the textual imperfection of the law. The specific nature of deceit is taken into account. An excursion into foreign unification projects, which process the wording of provisions of mistake more precisely is important for the...
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