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Claims arising from the breach of a contractual obligation (in private law relationships)
Kašová, Lenka ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
Claims arising from the breach of a contractual obligation (in private law relationships) The topic of this Master's degree thesis is "Claims arising from the breach of a contractual obligation in private law relationships". The aim of this thesis is especially to outline the claims that may arise to the contractual party in case the other party breaches its contractual obligation. The text characterizes the particular claims, compares them mutually and subsequently shows their main differences. Each chapter contains an important passage focused on legal enactment of particular claims in the New Civil Code that comes into effect on 1st January 2014. The thesis is composed of four chapters, each of which deals with one legal institute that may be considered as a consequence of the breach of contract, namely the liability for default, the liability for damage, the contractual penalty and the liability for defects. The chapter One analyzes situation when the debtor breaches his duty to perform duly and in due time. The purpose of the chapter Two is to describe the essential preconditions for occurrence of the liability for damage, to provide with information about scope and methods of damages including (im)possibility of contractual limitation of damages under Czech law. The second chapter also...
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Liability for damage in business transactions
Grundmanová, Lenka ; Eichlerová, Kateřina (advisor) ; Čech, Petr (referee)
Liability for defects in business contracts The topic of my diploma thesis is liability for defects in business contracts, i.e. agreements that are even today being closed under the Czech Commercial Code, as amended. The liability for defects arising from the contract of purchase (or other types of contracts if needed) is a significant part of liability relationships, which may come into existence from obligations. Considering the upcoming recodification of private law, the focus of the thesis is the comparison of current and future legislation of the matter (Act No. 513/ 1991 Coll., the Commercial Code and Act.no 89/2012 Coll., the Civil Code being the current and future major regulations). The aim of the thesis is to identify the major modifications that are about to come into practise and at the same time to evaluate how these changes are going to influence the position of either party to a contract. I decided to systematize the comparison according to different aspects of the topic and I used the same system structuring the chapters. After the introduction and a brief historical summary I first presented the general characteristics of the liability for defects. In following chapters, these particular aspects have been examined: the definition of wrongful performance, the kinds of defects, the...
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Sales agreement according to the Civil Code
Solil, Jiří ; Salač, Josef (referee) ; Pohl, Tomáš (referee)
This thesis describes the purchase contract under the Civil Code. Attention is paid to the legal regime of purchase contracts, the emergence of the purchase agreement, substantial content- conditions of the contract are by agreement in the purchase contract and the rights and obligations of the parties. The work also deals with the issue of acquisition of ownership rights under a contract and the seller's liability for defects in the object of purchase.
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Liability for defects in a Sold Thing as one of the Protection Instruments of the Weaker Party
Nováková, Jana ; Švestka, Jiří (referee) ; Pohl, Tomáš (referee)
The thesis deals with the topic of the liability for defects in a sold thing with an emphasis on the relevant provisions of private law, particularly the Civil Code, and with regard to legislation concerning consumer protection. The thesis does also not forget to highlight the changes that have occurred recently with respect to the accession of the Czech Republic to the European Union, and even the planned impacts on liability for defects in a sold thing in the upcoming re-codification of private law are examined. The thesis is divided into four chapters. Introductory chapters focus on defining of the concept of civil liability and its classification. The key aspect of this thesis becomes the third chapter, which deals with the institute of liability for defects in a sold thing, taking into account current legislation. Part of this thesis is the comparison of current Czech legislation with relevant German provisions. A summary of problematic aspects of the liability for defects and suggestions of their possible solution are presented at the end of the thesis.
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Legal consequences with respect to the breach of contract under civil law
Novák, David ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
S u m m a r y The goal of this thesis is to analyse the legal consequences of the breach of contract, especially under civil law, although, some essential comparison with legal regulation of commercial law is given, too. The text is divided into ten chapters. In the introduction, i. e. in the first two chapters the term of contract is defined and then the basic legal principles of the contractual law are enumerated and described in respect of the topic. The third chapter deals with the subject of the paper globally and shortly characterises each consequence of the breach of contract. The account of them is also given. The following chapters provide complete information how every consequence works and which part it plays in the Czech legal system. Specifically, Chapter Four is focused on debtor's delay and Chapter Five on creditor's delay. Chapter Six investigates liability for damage and damages a bit, as well. Chapter Seven deals with liability for defects and Chapter Eight is about contractual fine. In Chapter Nine is mentioned discharge of contract and its consequences. Each of in this paragraph enumerated chapters describes its subject itself and also relevant related problems in context with practice of the courts. In the last chapter, i. e. in the Conclusion is the whole topic shortly summarized with...
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Liability for defects of work
Doležal, Tomáš ; Plíva, Stanislav (advisor) ; Štenglová, Ivanka (referee)
1 Abstract The presented thesis deals with liability for defects in work in business obligations. It analyzes the effective legislation which is primarily contained in the Commercial Code and points out some problems arising from the interpretation of the law. It further summarizes the numerous and relatively constant judicature of the Supreme Court of the Czech Republic and legal opinions of several commercional lawyers. The author of the thesis tries to assess the conclusions of the judicature and legal doctrine. In some cases, he presents his own suggestions to solve the shortcomings of the current legislation. These proposals are based on his own legal reasoning. During the creation of the Commercial Code, the legislature had been inspired by the Economic Code and the International Trade Code, the immediate predecessors of the Commercial Code, and by United Nations Convention on Contracts for the International Sale of Goods. For this reason the legislation contained in these sources of law is mentioned particularly when the legislation departs from the current legislation of the Commercial Code. The future development of the legislation is also presumed. The thesis deals with the draft of the new Civil Code and focuses on the draft's solutions of several selected issues (issue of performance of...
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Legal Aspects of Flaw-related Responsibility
DAVIDOVÁ, Monika
This thesis performs the analysis of components created from legal aspects of flaw-related responsibility according to the new civil code of law, that came into full effect in 2014. In the theoretical part the idea of flaw-related responsibility is explained as well as how to differentiate the flaws, when the responsibility turns into an obligation, how to use these rights and how to solve the situations that had arisen from the incident. The contribution of this work is familiarization with the new civil code of law and analysis of it in relations between legal entities. The aim of this thesis is to point at the knowledge that public has about the flaw-related responsibility. This is achieved in the practical part which is focused on questionnaire survey amongst public of South Bohemia.
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The application of legal standards in materials engineering
Večeřa, Petr ; Pantělejev, Libor (referee) ; Pavloušková, Zina (advisor)
The thesis describes points where the basic universal prescriptive system of law interferes with the questions of materials engineering. The main part of the thesis concerns legal liabilities, mainly civil liability represented with liability for defects. Basic analysis of chosen topics concerning liability for defects is done, defects are divided into groups as far as both technical and legal point of view is concerned. Consequently, the most common methods, principles and tests used for recognition and assessment of materials characteristics, both destructive and non-destructive, are described. Chapter, which deals with degradation processes follows. Integral part of the thesis are thoughts of possible types of legal liabilities, which could be important for materials engineers, with basic recommendations for contracting, as well as chosen problems connected with judicial proceedings and out of court settling of disputes. Technical standards are described with high attention, because both technical and legal public is not familiar with the legal background of technical normalisation.
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Consumer protection law in Czech republic and abroad
Holoubková, Jana ; Drozen, František (advisor) ; Švarc, Zbyněk (referee)
The main purpose of this thesis is concise description of consumer protection law in Czech republic and its comparison with the legislation in United States of America in selected legal question - warranty. In the first part of the thesis there are defined the general issues related to the consumer protection law and briefly described the development of consumer protection law not only in Czech republic, but also abroad and one part of the thesis is also dedicated to the sources of current czech consumer protection law. Next part is dealing with the impacts of new amendments to the law of consumer protection law. In the last, comparative part, we are comparing selected legal issue of warranty in czech and United States of America legal system.
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