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Termination of travel contract due to force majeure
Juřinová, Sára ; Frinta, Ondřej (referee)
The subject of the thesis is the termination of travel contract due to unavoidable and extraordinary circumstances. The term of unavoidable and extraordinary circumstance is not legally defined in the Czech Civil Code. Therefore, the thesis analyses this concept in the light of the case law of several European countries and compares the term substantively with the liberation ground under art. 2913 par. 2 of the Civil Code. In the following sections, the thesis discusses the meaning of unavoidable and extraordinary circumstances for the right of the contracting parties to withdraw from the travel contract free of charge, defining the various conditions under which the right can be exercised. The thesis also covers the meaning of unavoidable and extraordinary circumstances for the subsequent impossibility of performance.
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The change of circumstances and its impact upon the duration of obligations
Kašpar, Jakub ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Change of circumstances and its effect on a duration of an obligation In particular cases, an unexpected supervening event may substantially affect original equilibrium of a contract, or make the performance for one of the parties much more burdensome, so that it would be greatly unjust to hold the parties to their obligations. In such situations, when the performance of one of the parties has become much more onerous, a conflict may rise between the classical principles of contractual freedom, sanctity of the contract, certainty of the law and pacta sunt servanda, on the one hand, and principle of contractual fairness, equity and good faith on the other. Pacta sunt servanda, principle accepted by most of developed legal systems, determines that obligations which are validly concluded, must be fulfilled, parties are bound by their agreement. In case of change of circumstances, this may lead to situations, when it would be unjust to hold the debtor to the obligation. This makes the topic of the thesis very controversial and polemic. The topic of this thesis is a change of circumstances and its impact on an existing obligation. The aim of the thesis is to focus and describe relevant legal doctrines, institutes, and possible solutions of the problem. Another purpose is to analyze different legislations and...
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Material change of circumstances and the impossibility of performance within the Czech and Anglo-American legal system
Bříza, Marek ; Elischer, David (advisor) ; Dvořák, Jan (referee)
English abstract Material change of circumstances and the impossibility of performance within the Czech and English legal system Civil law in the Czech Republic is based on a so-called principle pacta sunt servanda which means that parties are bound by the contract and should perform in accordance with it. It may happen, however, that unexpected supervening event substantially change the circumstances after the formation of a contract to the extent that it become impossible to perform the contract or it makes performance for affected party so burdensome that it will lead the party to the economical destruction. Such a change may lead to situations that to hold the affected party to fulfil its promise would be unjust and contrary to morality. Therefore, Czech Civil Code contains few provisions based on which court may terminate the contract or adjust the contract to restore equilibrium of the performance. Thesis focuses on two of those provisions, namely impossibility of performance and impracticability of performance. Thesis describes relevant legal institutes and doctrines, development of case law, analyze past and current Czech Civil Code and compare it with English case law and international and European soft law. After introductory chapter, chapter two describes relevant principles of civil law and...
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Material change of circumstances and the impossibility of performance within the Czech and Anglo-American legal system
Bříza, Marek ; Elischer, David (advisor) ; Dvořák, Jan (referee)
English abstract Material change of circumstances and the impossibility of performance within the Czech and English legal system Civil law in the Czech Republic is based on a so-called principle pacta sunt servanda which means that parties are bound by the contract and should perform in accordance with it. It may happen, however, that unexpected supervening event substantially change the circumstances after the formation of a contract to the extent that it become impossible to perform the contract or it makes performance for affected party so burdensome that it will lead the party to the economical destruction. Such a change may lead to situations that to hold the affected party to fulfil its promise would be unjust and contrary to morality. Therefore, Czech Civil Code contains few provisions based on which court may terminate the contract or adjust the contract to restore equilibrium of the performance. Thesis focuses on two of those provisions, namely impossibility of performance and impracticability of performance. Thesis describes relevant legal institutes and doctrines, development of case law, analyze past and current Czech Civil Code and compare it with English case law and international and European soft law. After introductory chapter, chapter two describes relevant principles of civil law and...
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The change of circumstances and its impact upon the duration of obligations
Kašpar, Jakub ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Change of circumstances and its effect on a duration of an obligation In particular cases, an unexpected supervening event may substantially affect original equilibrium of a contract, or make the performance for one of the parties much more burdensome, so that it would be greatly unjust to hold the parties to their obligations. In such situations, when the performance of one of the parties has become much more onerous, a conflict may rise between the classical principles of contractual freedom, sanctity of the contract, certainty of the law and pacta sunt servanda, on the one hand, and principle of contractual fairness, equity and good faith on the other. Pacta sunt servanda, principle accepted by most of developed legal systems, determines that obligations which are validly concluded, must be fulfilled, parties are bound by their agreement. In case of change of circumstances, this may lead to situations, when it would be unjust to hold the debtor to the obligation. This makes the topic of the thesis very controversial and polemic. The topic of this thesis is a change of circumstances and its impact on an existing obligation. The aim of the thesis is to focus and describe relevant legal doctrines, institutes, and possible solutions of the problem. Another purpose is to analyze different legislations and...
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