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Freedom to contract and its restriction in business obligations
Prieložný, Milan ; Plíva, Stanislav (advisor) ; Čech, Petr (referee)
Freedom to contract and its restriction in business obligations (Summary) This thesis deals with freedom to contract and its limitations in the field of business obligations. It introduces the possibilities that parties have when entering into contracts as well as it outlines the boundaries which they cannot cross. It aspires to clarify the topic by referring to a wide scope of related judicial decisions which have evolved throughout the years. The first chapter briefly describes and classifies business obligations; hence it specifies cases in which freedom to contract and its restriction apply. The second chapter then characterizes freedom to contract and sets it to the context of other fundamental principles governing private law. It also clarifies the normative roots of this freedom and describes the nature of legal rules that can be freely deviated from in a contract. The following chapter reviews particular manifestations of freedom to contract with special focus on free determination of contract's content. The last chapter looks into various kinds of restrictions that limit contracting parties entering into business obligations. It deals with certain issues regarding mandatory rules and mentions some formal requirements regarding legal acts. Then the analysis of restriction of freedom to contract set...
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A letter of credit contract and a collection contract
Wagnerová, Markéta ; Liška, Petr (advisor) ; Elek, Štefan (referee)
A letter of credit contract and a collection contract This final thesis is focused on two important payment instruments - the letter of credit and the collection. The aim of this thesis is to analyze the letter of credit and the collection. Its main target is to describe both payment instruments and to introduce their use in real life situations and to point out advantages and disadvantages of both instruments. Both domestic and international legal arrangements as well as expert literature and articles were used to write the thesis. As a main source was used Commercial Code and unification of trade customs by the International Chamber of Commerce. The thesis is divided in 5 chapters which furthermore divide themselves into several more subchapters. Because of the fact that contract on the letter of credit and the contract on collection are fundamental for the creation of commercial law obligation the first chapter discusses the general characteristics of commercial obligations from the point of view of the Civil Code and from the point of view of the Commercial Code. Furthermore the letter of credit and the collection are one of the many of bank contracts and these are explained in detail in the second chapter. The bank itself is a party to such contracts and that is why a lot of attention is paid in the...
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Freedom to contract and its restriction in business obligations
Nedvěd, Filip ; Plíva, Stanislav (advisor) ; Rozehnal, Aleš (referee)
Every law in the Czech legal system regulates social relations. This adjustment serves to protect and determine values in society. Important role in this process hold the basic legal principles. Private law is no exception. Probably the most important principle of private law is the principle of autonomy of will. Its expression in the law of business oblagations is the principle of contractual freedom, which is the main theme of this work. The principle of freedom to contract is quite crucial for the functioning of the modern principle of contract law, which regulates relations arising in a market economy. The aim of this work is to describe the principle of freedom to contract and its manifestation in the legal standards, which governs business obligations. Finally, this work discusses restrictions of freedom to contract, since it is clear that this can not be applied without some correctives. Keywords: contractual freedom restrictions of contractual freedom commercial contractual relations
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Unjust enrichment under business law
Keltner, Miloslav ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
Unjust enrichment under business law The aim of this work is to analyze the unjust enrichment with its overlap to commercial law. The introduction of the text summarizes the historical development of unjust enrichment from ancient Roman law provisions, including the Austrian General Civil Code and the Civil Code from 1950 up to the history of the currently effective codex published under no. 40/1964 Coll. This historical analysis points out certain analogies with the current regulation and the development of elements that are the foundation of today's unjust enrichment legislation. The following part of the work contains analysis of the current de lege lata legislation of unjust enrichment in the commercial law, the subsequent part constitutes the crucial part of this work that is concerned directly with unjust enrichment in the commercial law. First, it analyses the term of business contractual obligations, then it analyses the relationship between the Civil Code and the Commercial Code and finally it sums up the expert discussion relating to the unjust enrichment in the commercial law and subsequently the author presents his personal view of the problem and the effects of the unjust enrichment, especially on the question of limitation period, are considered briefly. The final chapter consists...
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Alternative dispute resolution methods in business relationships
Šteflová, Iva ; Kotoučová, Jiřina (advisor) ; Pavlok, Jan (referee)
The diploma thesis is focused on alternative dispute resolution (ADR) in business relationships. The goal of thesis is to determine the term of alternative dispute resolution and to compare different approaches to regulation of mini-trial and mediation. The first part of thesis presents the term ADR and identifies its key characteristics. It points out the advantages and disadvantages of ADR and introduces institutions which concern with ADR. The attention is also aimed on arbitration and its relation to ADR. The second part of thesis deals with mini-trial. The description of its features is based on comparison of model rules provided by institutions which concern with ADR. The third part of thesis is focused on the most expanded method of ADR -- mediation. The attention is aimed at regulation trend within the European Union, legislation in the Czech Republic and Mediation Act Proposal. Closing part compares regulation of mini-trial and mediation and points out some of the debatable provisions of the Mediation Act Proposal.
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Relations in commercial law of the Republic of Korea
Pappová, Martina ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The increasing volume of bilateral trade between the Czech Republic and the Republic of Korea is the statistical fact. Korean companies employ many Czech workers. Korean companies cooperate with many subcontractors, that come from different legal environment. Czech managers communicate with Korean investors. In these interactions there is not only a possibility of conflict of different cultural traditions, but also legal culture. I seemed it therefore appropriate to examine what legal environment the Korean investors and business partners came from, and what misunderstandings may possibly arise from the lack of information. Another area of practical application of my work can be a legal relationship with an international element. If the parties choose the law applicable to their contract, it is essential for the actors of the contract to be aware of differences in the jurisdictions considered. The Korean law was influenced by both continental legal system and Anglo-American legal system. Moreover, there are still noticeable the residues of traditional Chinese law, and he later developed traditional Korean law. Due to these different influences, the current Korean law is interesting from a theoretical point of view, too. The source for this work is the Korean commercial and civil act and the Czech Commercial and Civil Code. Whereas I have never learned Korean, I was studying Korean laws in their English translation. In my comments I would like to suggest basic differences between the Czech and Korean law. I hope that my work will provide enough information for the theoretical understanding of the differences and similarities of Korean and Czech legislation.
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The activities of organization CzechTrade in the Czech-Russian business relations
Kuličková, Iveta ; Petříček, Václav (advisor) ; Harbitski, Siarhei (referee)
The first part is devoted to the characteristic of Russian Federation, to the Czech-Russian business relations and organizations, which provide support for Czech enterprises exporting to Russia. The following one describes Czech Trade Promotion Agency (CzechTrade) and services, which this organization and its representative offices offer to Czech exporters. The final part is engaged in the activities of foreign offices acting in Russian Federation, in export alliances and successful cases of cooperation between CzechTrade's offices in Russia and Czech companies.
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