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Weaker Party and Consumer in E-commerce
Kmoch, Štěpán ; Elischer, David (advisor) ; Selucká, Markéta (referee) ; Rozehnal, Aleš (referee)
Weaker Party and Consumer in E-commerce Abstract The guiding principles of private law include the principles of equality and autonomy of the will. The question of access to freedom of contract is highly relevant for contracting in e-commerce, given the almost exclusively adhesive nature of contracting. Real inequality and restrictions on freedom of contract undermine these principles, and one of the functions of the law is to balance the resulting asymmetry in the legal position of persons, which is something that the legislator, particularly the European legislator, has long sought to do. The ambition of this dissertation is first to take a notional step back and, thanks to my legal specialization in e-commerce law, to critically evaluate the legislator's efforts, which I do more comprehensively in Chapters 4 and 5. For these purposes, I place the relevant legislation (which includes indirect consumer protection legislation such as the GDPR or the ePrivacy Directive) in the broader social context of the world of e-commerce. In doing so, I proceed systematically. First, I address issues such as the position of e-commerce in the economy, digitization, automation of work, and, last but not least, the data economy. I then elaborate on the legislative objectives of the legislator and, based on the data...
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Conclusion of adhesion contracts by entrepreneurs
Hlůže, David ; Horáček, Tomáš (advisor) ; Zahradníčková, Marie (referee)
Conclusion of adhesion contracts by entrepreneurs Abstract The aim of this work is to describe the conditions under which the protective provisions of the Civil Code on the conclusion of contracts in an adhesive manner are applied in relations where the entrepreneur acts. In this regard, attention is focused on the definition of the weaker party and the individual conditions that the entrepreneur must meet if he is to enjoy the protection of the weaker party. Subsequently, the work deals with the institute of concluding contracts in an adhesive manner, formulating its individual features and manifestations, especially in commercial practice. This work consists of an introduction, four chapters and a conclusion. The first chapter forms the basis for the rest of this work, by defining the weaker party with an emphasis on relations between entrepreneurs. Furthermore, this form describes the form of protection of the weaker party with an analysis of private and public protection of the weaker entrepreneur. The second chapter deals with contracts concluded in an adhesive manner and burden of proof beard by the contracting party. Subsequently, this work captures the most common forms in contractual practice such as general terms and conditions, form documents or framework contracts. A specific form of adhesion...
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Legal instruments for the protection of weaker side within the obligation
HLADOVÁ, Barbora
The aim of the thesis is to discuss of significant principle in civil law, protection of weaker sides and about instruments leading to the realization. The work is focused on the allocation of specific tools for protection the weaker side. For these purposes, the existing legislative measures are used. The thesis deals with the disproportionate shortening also named Laesio Enormis, the contracts that are concluded with an adhesion method and the usury. Subsequently, there is analysed the chosen area of the protection of weaker side within the obligation which is the protection of consumer. From the findings is carried out the research by the questionnaire. Obtained data are analysed by the program Excel and from these outcomes, there is evaluated the conclusions of the work.
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