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Precontractual liability in obligations with an international element
Černá, Kristýna ; Bříza, Petr (advisor) ; Brodec, Jan (referee)
Precontractual liability in obligations with an international element Abstract The thesis deals with the issue of precontractual liability in contractual relations with an international element. The focus is mainly on an analysis of the approach of selected foreign legal systems, namely Germany, the United Kingdom, the United States of America and Ukraine, but also on unification efforts aimed at bridging the differences between the individual national regulations. Precontractual liability is a very complex legal institution. While Czech law is relatively detailed in this respect and no major problems arise, the application of culpa in contrahendo in international trade practice still raises more questions than answers. The application of the concept in the international environment is problematic mainly due to the different conceptions of culpa in contrahendo in individual countries. Most striking is the difference between the approach taken by continental and common-law legal systems, respectively. Common law, which does not recognize precontractual liability as a legal institution at all, works with the doctrine of promissory estoppel, which in some situations is able to replace the missing institution of culpa in contrahendo. Of course, the conflict-of-laws rules on precontractual liability also differ,...
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Pre-contract liability (culpa in contrahendo)
Obstová, Martina ; Čech, Petr (advisor) ; Horáček, Tomáš (referee)
Formation of a contract is nowadays more sophisticated than it formerly used to be due to major progress in communication technologies and technical development, and therefore, looking on negotiation process only through the notions of offer and acceptance alone appears to be somewhat insufficient. It is not unusual and infrequent that long term and complicated dealings take place prior to the conclusion of a contract, especially in more or less complex business matters. During various negotiation stages, many parties may incur different kinds of significant expenses in order to prepare well for the next phase of the negotiations and, eventually, for the targeted contractual performance. For the conclusion of a contract it may also be necessary to inform the other party about the terms and conditions which are essential for the first party's final decision about the contract, while some of this information might be considered as strictly confidential. Although the fundamental principle of contractual freedom allows the parties to act freely in negotiations and the contractual process is generally regarded as a non-binding relationship, there are some restrictions set up with the aim to protect good faith of the parties and support their fair dealings. According to the abovementioned, a situation...
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Pre-contract liability (culpa in contrahendo)
Vlachová, Jitka ; Čech, Petr (advisor) ; Eichlerová, Kateřina (referee)
Pre-Contractual Liability (Culpa in Contrahendo) Summary The purpose of my thesis is to analyse the issue of pre-contractual liability from the microcomparative perspective which subsequently serves as the tool to characterise the main features of pre-contractual liability in the realm of Czech Civil and Commercial Codes. The reason for my research is to prove the existence and importance of pre-contractual liability in the Czech legal order as well as in the sphere of the European Union in the light of its respective case laws. The thesis is composed of five chapters, each of them dealing with different aspects of negotiation stage and pre-contractual liability. Chapter One is introductory and defines basic terminology, methodology used in the thesis, scope, and aims. Chapter Two examines chosen foreign legal regulations of pre-contractual liability. The essential attention is given to Germany, Austria, and Switzerland as those legal systems are very close to the Czech one (historically and geographically). The French view is also considered because legislators seek to prepare the reform of obligation laws. Finally, common law of the United Kingdom of Great Britain and Northern Ireland and the United States of America is discussed and challenged because of its adverse approach to pre-contractual liability....
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The institution of pre-contract liability in theory and practice
Kraus, Radek ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Diese Arbeit behandelt das Thema "Rechtsinstitut der vorvertraglichen Haftung in Theorie und Praxis". Die ganze Arbeit ist in drei Teile gegliedert und zwar "Der Begriff der Vorvertraglichen Haftung", "Die Komparative Analyse der ausländischen Rechtsordnungen" und "Das tschechische Konzept der vorvertraglichen Haftung". Das Hauptziel dieser Arbeit ist, die praktischen Aspekte der vorvertraglichen Haftung zu beschreiben, was aber ohne ausreichende theoretische Grundlagen unmöglich ist. Die Doktrin culpa in contrahendo (Verschulden beim Vertragsabschluss) wird Rudolph von Jhering zugeschrieben, denn er hat im Jahre 1861 als erstes die charakteristischen Züge der vorvertraglichen Obligationen beschrieben. Der Autor ordnet in dem ersten Teil dieser Arbeit noch die vorvertragliche Haftung in das Rechtssystem ein. Die zum Teil von dem Autor entworfene Definition dient dann in dem zweiten und dritten Teil zu dem einfacheren Vergleich der Konzepte von vorvertraglicher Haftung in verschiedenen Rechtsordnungen. In dem zweiten Teil wird zuerst das deutsche Konzept der culpa in contrahendo beschrieben, wie es sich von R. von Jhering über die Schuldrechtsmodernisierung bis zum heutigen Tag entwickelt hat. Die Entwicklung der deutschen Auffassung der vorvertraglichen Haftung von der materiellen zur formalen...
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Pre-contract liability (culpa in contrahendo)
Kinclová, Veronika ; Čech, Petr (advisor) ; Štenglová, Ivanka (referee)
The times when closing of the contract was as simple as making an offer and receiving its acceptance are long over now. A variuosly long period preceeds an establishment of a contractual relationship. During such period, when a contract is being formed, the parties exchange their requests or essential information and negotiate the content of the contract. The longer this pre-contractual negotiation lasts, the more time, money or other means parties invest in good faith that they shall be compensated once the contract is concluded. In case the closing of the contract is not going to occur, because of a party's unfair dealings, the party in harm shall be entitled to engage liability of the other contractor. In these circumstances, the party in harm shall base its claim on a pre-contractual liability, also referred to as culpa in contrahendo. Apart from determining the pre-contractual obligations and liability for their breach in general fashion, the subject matter of this thesis is mainly an effective comparison of Czech and French relevant legal regulation. Since the legislation does not currently regulate the issue of pre-contractual liability, this thesis is focused primarily on the case law issued by courts from both states. In particular, the thesis analyzes the case law of the Czech Supreme...
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A comparison of pre-contractual liability in Czech and Common Law
Nováková, Tereza ; Horáček, Vít (advisor) ; Liška, Petr (referee)
The purpose of my thesis is to consider the importance of culpa in contrahendo which does not have a long tradition in the Czech law. However, since the 1 January 2014 it has become enshrined the Czech legal system. The instrument of culpa in contrahendo is connected with the need to protect the good faith of the parties to a contract which is an essential principle of modern contract law, particularly in continental legal systems. Despite the lack of the general duty to act in good faith while negotiating contracts in common law systems, we can see that English or American judges solve the practical problems resulting from dishonesty of one party to the contract through equitable principles such as misrepresentation or promissory estoppel. The importance of protecting good faith is visible even from international contract law documents that are important for the interpretation of national law. Chapter One contains the explanation of culpa in contrahendo as a practical instrument and I distinguish it from pre-contractual liability in the anglo-american legal systems. Despite the differences of the continental and common law systems of law, I consider, on the basis of the laws and court decision analysis, whether the Czech courts, in deciding the pre-contractual liability cases, are getting closer...
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The issue of pre-contractual liability in relation to the practice of negotiating and concluding commercial contracts under national law and case-law of selected EU countries
Krupka, Jiří ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
The thesis deals with questions of pre-contractual liability which is seen as a very specific institute whose conception is diverse in different EU countries and also outside. The main research question is a difference between pre-contractual liability perception in the different countries and its full description in relation to the negotiations of business contracts with an emphasis on Czech law. In the first part, the author analyses historical background of pre-contractual liability in relation to Roman law and German-Austrian legal systems in which the professor Jhering developed that construction of culpa in contrahendo. In the following chapters, the author deals with the description and nature of pre-contractual liability, particularly in questions of whether they are contractual or delictual liability and enter into details the basic facts, example and extent of damages with respect to the European concept of pre-contractual liability. He concludes that the pre-contractual liability is in the European concept as delictual liability, with regard to the decision of European Court of Justice. The author simultaneously mentions that although similar facts in the legal systems, the extent of damages is very different when there is a clear dichotomy between positive and negative interesse. The...
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Information duty in pre-contractual negotiations
Vrběcký, Matouš ; Horáček, Vít (advisor) ; Čech, Petr (referee)
Information duty in pre-contractual negotiations Act no. 89/2012 Sb., the Civil Code, has brought many changes into the private law. The new Civil Code within the frame of pre-contractual liability among other things explicitly embedded in the provision of Section 1728 Subsection 2 the so called general information duty, i. e. a duty of the contracting parties to notify each other of certain circumstances prior to the conclusion of the contract. The paper aspires to define the term and the scope of general information duty with the help of the comparison of approaches toward this duty in other states and with the help of existing judicial (both Czech and foreign) decision making. In certain aspects, documents of European Contract Law were also taken into account owing to the fact that the European Contract Law was used in the process of drafting the valid and effective Civil Code. Even though many sources were used while writing the paper, the scope of general information duty could not be definitely determined. With respect to the fact that no explicit and distinct limits of this duty are set, the main source of knowledge will be judicial decision making which should take a consistent attitude toward a complex issue of general information duty which is inseparably related to the Economic Analysis of Law....
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Breaking-off contract negotiations without justifiable grounds
Janoušková, Anežka ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Breaking-off contract negotiations without justifiable grounds Abstract The thesis at hand deals with Sec. 1729 of the Civil Code which governs the liability for breaking-off contract negotiations without justifiable grounds. Its aim is to interpret the afore-said provision that forms an inherent part of the newly introduced regulation of pre-contractual liability. The thesis discusses both the conditions for establishing the liability for breaking-off contract negotiations and concurrently the legal consequences thereof. The difficulties in terms of interpretation, incidental to the introduction of this provision, are attempted to be solved by use of theological interpretative method and inspiration drawn from the comparative study of German and Austrian state of law. Finally, the thesis strives for analysing the case-law of the Czech Supreme Court related to the previous legislation and answering a question to which extent the conclusions previously arrived at by this court may be uphold following the recodification process. The thesis is divided into four main chapters. The first chapter emphasizes the importance and role of the principles of freedom of contract and good faith which are crucial for better understanding of culpa in contrahendo. It also elaborates, albeit in general terms, on the matter of...
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Legal consequences of a breach of contract in civil law
Antošová, Eliška ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic of this Master's degree thesis is "Legal consequences of breach of contract in civil law". The aim of this thesis is especially to analyse the legal consequences of the breach of contract under civil law. The text is divided into six chapters. Each chapter characterizes the particular consequence of the breach of contract. Each chapter also shows main differences and and possible advantages or disadvantages its enactment in the new Civil Code that came into effect on 1st January 2014. The first chapter deals with the pre-contractual liability. This chapter includes description of the pre- contractual negotiation and its main elements recognized within the framework of the Czech legal system. The chapter two analyzes aspects of delay in civil commitments in the law system of the Czech Republic with focus on the consequences a delay may cause. The third chapter explains essential points of the withdrawal from a contract. The fourth chapter describes and analyzes the legal institute of liability for defects, the issues regarding the liability for defect, its impact and also mentions some practical aspects related to it.Chapter five deals with the civil liability for damage. The aim of this chapter is to provide a basic overviewand to clarify crucial aspects of this legal institute. Chapter six...
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