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Protection of a Weaker Contract Party and Private International Law
Skalská, Helena ; Dolanská Bányaiová, Lucie (referee)
Protection of a Weaker Contract Party and Private International Law The topic of this dissertation thesis is the protection of weaker parties in the context of determination and application of the applicable law. The dissertation seeks anchor and concept of protection of weaker parties in the Rome I Regulation. The thesis is divided into three main parts. The first part deals with the basis for protection of weaker parties, linking the theoretical and value foundations on which the protection stands with practical implications that ignorance of significantly unequal position might have. For a comprehensive understanding, it is necessary to look at the background of individual legal rules. However, dealing with these issues cannot be viewed solely in the context of private international law. Certain legal institutions of private international law may not be designated solely for the protection of certain categories of weaker parties but may be used to protect a weaker party with regard to the concept of a weaker party and the importance of its protection in substantive law (especially civil law). The second part, which is the focal point of this thesis, consists in the analysis of ways of protecting the weaker parties, both at a more general methodological level and in the form of a more detailed...
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Protection of a Weaker Contract Party and Private International Law
Skalská, Helena ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Brodec, Jan (referee)
Protection of a Weaker Contract Party and Private International Law The topic of this dissertation thesis is the protection of weaker parties in the context of determination and application of the applicable law. The dissertation seeks anchor and concept of protection of weaker parties in the Rome I Regulation. The thesis is divided into three main parts. The first part deals with the basis for protection of weaker parties, linking the theoretical and value foundations on which the protection stands with practical implications that ignorance of significantly unequal position might have. For a comprehensive understanding, it is necessary to look at the background of individual legal rules. However, dealing with these issues cannot be viewed solely in the context of private international law. Certain legal institutions of private international law may not be designated solely for the protection of certain categories of weaker parties but may be used to protect a weaker party with regard to the concept of a weaker party and the importance of its protection in substantive law (especially civil law). The second part, which is the focal point of this thesis, consists in the analysis of ways of protecting the weaker parties, both at a more general methodological level and in the form of a more detailed...
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The legal protection of clients of financial intitutions
Černý, Daniel ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
The legal protection of clients of financial institutions Abstract The first chapter focuses on the definition of basic concepts essential to the subject of this work. Emphasis was placed on defining the term of client in relation to the notion of a customer who is often used in positive law at both European and national level. Furthermore, the concept of consumer is defined, which is a generally used category of customers and is offered the highest legal protection. The notion of financial institution and the concept of legal protection are also important in defining the scope of this work. Given the diversity of the current financial services market, in the rest of my thesis I have focused only on the most important providers of financial services and the legislation governing their activities. The concept of legal protection is defined in the sense of division into institutional and normative legal protection, with the focus being on normative protection. The aim of the second chapter was to describe the basic aspects of two complementary principles of law as the theoretical basis of legal protection of clients, which are the concept of autonomy of will and the protection of the weaker party. The principle of protection of the weaker party and its modality of consumer protection has been introduced from...
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Distance contracts and contracts concluded out of business premises
PETROVÁ, Michaela
The main aim of my bachelor thesis is to define main terms and to analyse legislation which is related to distance contracts and contracts concluded out of business premises. The legislation which is deal with these types of contracts are especially The new civil code and Consumer protection act. These regulations have been created for protection of weaker side. The aim of the practical part is to find out consumer´s experiences with concluding these types of contracts through the research by the questionnaire.
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