|
|
Pre-contract liability (culpa in contrahendo)
Obstová, Martina ; Čech, Petr (advisor) ; Horáček, Tomáš (referee)
Formation of a contract is nowadays more sophisticated than it formerly used to be due to major progress in communication technologies and technical development, and therefore, looking on negotiation process only through the notions of offer and acceptance alone appears to be somewhat insufficient. It is not unusual and infrequent that long term and complicated dealings take place prior to the conclusion of a contract, especially in more or less complex business matters. During various negotiation stages, many parties may incur different kinds of significant expenses in order to prepare well for the next phase of the negotiations and, eventually, for the targeted contractual performance. For the conclusion of a contract it may also be necessary to inform the other party about the terms and conditions which are essential for the first party's final decision about the contract, while some of this information might be considered as strictly confidential. Although the fundamental principle of contractual freedom allows the parties to act freely in negotiations and the contractual process is generally regarded as a non-binding relationship, there are some restrictions set up with the aim to protect good faith of the parties and support their fair dealings. According to the abovementioned, a situation...
|
|
|
Pre-contract liability (culpa in contrahendo)
Kinclová, Veronika ; Čech, Petr (advisor) ; Štenglová, Ivanka (referee)
The times when closing of the contract was as simple as making an offer and receiving its acceptance are long over now. A variuosly long period preceeds an establishment of a contractual relationship. During such period, when a contract is being formed, the parties exchange their requests or essential information and negotiate the content of the contract. The longer this pre-contractual negotiation lasts, the more time, money or other means parties invest in good faith that they shall be compensated once the contract is concluded. In case the closing of the contract is not going to occur, because of a party's unfair dealings, the party in harm shall be entitled to engage liability of the other contractor. In these circumstances, the party in harm shall base its claim on a pre-contractual liability, also referred to as culpa in contrahendo. Apart from determining the pre-contractual obligations and liability for their breach in general fashion, the subject matter of this thesis is mainly an effective comparison of Czech and French relevant legal regulation. Since the legislation does not currently regulate the issue of pre-contractual liability, this thesis is focused primarily on the case law issued by courts from both states. In particular, the thesis analyzes the case law of the Czech Supreme...
|
|
|
Pre-contract liability (culpa in contrahendo)
Kinclová, Veronika ; Čech, Petr (advisor) ; Štenglová, Ivanka (referee)
The times when closing of the contract was as simple as making an offer and receiving its acceptance are long over now. A variuosly long period preceeds an establishment of a contractual relationship. During such period, when a contract is being formed, the parties exchange their requests or essential information and negotiate the content of the contract. The longer this pre-contractual negotiation lasts, the more time, money or other means parties invest in good faith that they shall be compensated once the contract is concluded. In case the closing of the contract is not going to occur, because of a party's unfair dealings, the party in harm shall be entitled to engage liability of the other contractor. In these circumstances, the party in harm shall base its claim on a pre-contractual liability, also referred to as culpa in contrahendo. Apart from determining the pre-contractual obligations and liability for their breach in general fashion, the subject matter of this thesis is mainly an effective comparison of Czech and French relevant legal regulation. Since the legislation does not currently regulate the issue of pre-contractual liability, this thesis is focused primarily on the case law issued by courts from both states. In particular, the thesis analyzes the case law of the Czech Supreme...
|
|
|
Pre-contract liability (culpa in contrahendo)
Obstová, Martina ; Čech, Petr (advisor) ; Horáček, Tomáš (referee)
Formation of a contract is nowadays more sophisticated than it formerly used to be due to major progress in communication technologies and technical development, and therefore, looking on negotiation process only through the notions of offer and acceptance alone appears to be somewhat insufficient. It is not unusual and infrequent that long term and complicated dealings take place prior to the conclusion of a contract, especially in more or less complex business matters. During various negotiation stages, many parties may incur different kinds of significant expenses in order to prepare well for the next phase of the negotiations and, eventually, for the targeted contractual performance. For the conclusion of a contract it may also be necessary to inform the other party about the terms and conditions which are essential for the first party's final decision about the contract, while some of this information might be considered as strictly confidential. Although the fundamental principle of contractual freedom allows the parties to act freely in negotiations and the contractual process is generally regarded as a non-binding relationship, there are some restrictions set up with the aim to protect good faith of the parties and support their fair dealings. According to the abovementioned, a situation...
|
guest ::
