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Protection of an entrepreneur in the position of a weaker party
Hercíková, Jana ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The thesis deals with the protection of the entrepreneur in the position of the weaker party according to the Civil Code. The thesis is divided into five chapters. The first chapter deals with individual principles of the private law. The second chapter defines the concept of an entrepreneur, small and medium-sized entrepreneur and, in particular, the weaker contracting party, which is the main subject of this work, and last but not least, deals with entrepreneurs in the position of the weaker party. The third chapter deals with the individual criteria that the author takes into account when assessing whether he is a weaker entrepreneur. The fourth chapter deals with selected institutes according to the Civil Code and the fifth chapter represents a practical conclusion through practical examples. The aim of this work is to approach this issue, but this goal is divided into the three sub-objectives mentioned in the introduction. The author sets hypotheses that are confirmed or refuted at the end of the thesis.
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Conditions tender
Paníček, Patrik ; Chalupová, Hana (referee) ; Hrabincová, Dagmar (advisor)
This Bachelor's thesis follows up the conditions of participation in procurement procedure for public construction work contracts. The first part characterizes the procedure in the public procurement regime. The particular conditions of participation are described in theory. The second part describes the influence of the conditions of participation on the course of the procurement procedure and the selection of a supplier using practical examples.
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Contract of Sale in Private Law
Chvátalová, Daniela ; Dvořák, Jan (advisor) ; Salač, Josef (referee) ; Zahradníčková, Marie (referee)
1 ABSTRACT CHVÁTALOVÁ, Daniela: Contract of Sale in Private Law. [Dissertation thesis]. Charles University. Faculty of Law; Department of Civil Law. Tutor: prof. JUDr. Jan Dvořák, CSc., Head of Department of Civil Law, Vice-Dean for the Doctoral Study Programme and Rigorosum Procedure. Level of professional qualification: Ph.D., Praha: PF UK, 2015. Key words: Civil Code No. 40/1964 Sb. Commercial Code No. 53/1991 Sb. Civil Code No. 89/2012 Sb. Principles of civil law. Purchase. Dual regulation. Precontracting negotiations. Offer and acceptance of the offer. Contract of sale. Purchase of personal property. Purchase of real property. Subject of the contract. Superficies solo cedit. Construction is a part of the land. Hardship clause. Purchase price and manner for determining the purchase price. Commercial terms and conditions. Decrease in a purchase price. Unreasonable decrease in the purchase price Laesio enormis. Price clause. Delivery of goods. Seller's delay in delivery of goods. Transfer of title. Rights in case of defective performance. Quality, quantity, type, and package. Rebus sic stantibus clause. Contractual penalty. Cancellation of a contract of sale. Sale of a plant. Advance payment and retainer. Supranational projects. Draft Common Frame of Reference (DCFR). Principles of European Contract Law...
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Consensus and commercial terms: theoretical and comparative analysis
Kočer, Jan ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
Consensus and commercial terms: theoretical and comparative analysis This final thesis deals with the topic of the battle of the forms using the theoretical apparatus of rules governing the formation of contract. The problem is modeled (and therefore limited) for the case of formation of contract for the sale of goods concluded between merchants when each of them uses his/her own commercial (standard) terms. Another limitation of the thesis is connected with the use of classical contractual paradigm which is based on the continuity of offer and acceptance in the process of contracting. The key element of contract is found in consensus, therefore it is consensus which is analyzed in connection with extensiveness of terms, about which the minds have to meet in order to form the contract, and also in connection with the content of already formed contract. The final thesis has two objectives. First, it is to verify on theoretical level that no matter what principle in the process of formation of contract is used (whether mirror-image rule or not) both law professionals and legal theory are forced to find solutions which are in accordance with the principle of economic analysis of contract. Second, it is to analyze solutions on the formation and content of contract which were adopted by Czech...
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Standardized forms of concluding contracts in international trade
Trojanová, Kamila ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Resumé: Standardized forms of concluding contracts in international trade The contemporary international trade is defined by the standardized approach to commercial transactions. The purpose of my thesis is to analyse legal issues concerning contract formation by means of standardized legal forms in international trade. Chapter One describes the development of standardization in international trade. It introduces and defines basic terminology covering standardized forms of contract formation: standard terms, standard clauses, boilerplate terms, form and model contracts and legal manuals. Chapter Two addresses the process of contract formation under the United Nations Convention on Contracts for International Sale of Goods (CISG) in comparison with the regulation in the Principles of European Contract Law (PECL), Principles of International Commercial Contracts (UNIDROIT Principles, UPICC), Draft Common Frame of Reference (DCFR) and the Proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law (CESL). The emphasis is placed on the incorporation of standard terms into a contract, i.e. into an offer or an acceptance. It is followed by an analysis of the battle of forms and its possible solutions including last shot rule, first shot rule, knock-out rule and...
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