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Liability for defects in business transactions
Matějíček, Pavel ; Eichlerová, Kateřina (advisor) ; Čech, Petr (referee)
The topic of this thesis is liability for defects in business transactions, or using the terminology of the effective Civil Code, obligations from non-performance. Rights from non- performance are one of the most important legal instruments regarding liability, together with liability for damage and liability for delay, all arising from pecuniary contracts, mainly from purchase contracts and contracts for work. With respect to the elapsed recodification of civil law, obligations arising from non- performance are no longer subject to two codes (in Act No. 40/1964 Coll., Civil Code and in Act No. 513/1991 Coll., Commercial Code), they are now governed only by Act No. 89/2012 Coll., the effective Civil Code. Civil code and its provisions are therefore the main part of this thesis. Moreover, some parts of the thesis contain comparison of the effective Civil Code to the preceding legislation, i.e. the Commercial Code, and to some international treaties as well. The first chapter, which follows right after the preface, contains sources of this thesis. The second chapter deals with the concept of obligations arising from non-performance, compares them to other areas of civil law dealing with liability, and later deals with the concept of commercial obligation. The third chapter talks about the provisions...
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Rights arising from defective performance
Jonáš, Tomáš ; Elischer, David (advisor) ; Dvořák, Jan (referee)
1 Rights arising from defective performance Abstract This diploma thesis examines the institute of rights arising from defective performance. It contains not only a theoretical description of the effective legislation but also practical examples on which the theoretical background and knowledge are demonstrated. In addition to institutes of default and liability for damage, the institute of rights arising from defective performance is a key institute of ensuring the proper and timely fulfilment of the obligation. Considering how often practically one of the parties to the obligation performs defectively, it is difficult to imagine a private right of obligation without the institute of rights arising from defective performance. The factual position of the parties to the obligation is often unequal, which is the reason why the legislator strives to protect the weaker party both through general protective institutes and through special legal regulation of rights arising from defective performance. Due to the existence of several special legal regulations, and in some cases unclear relations between them, the Czech legal regulation of rights arising from defective performance is often criticized as confusing and complicated. The thesis is systematically divided into four parts. The first part provides...
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Ochrana spotřebitele v oblasti práv z vadného plnění
Kropáčková, Hana
The Diploma thesis deals with consumer protection in the field of rights from defective performance. The literature review contains the rights and obligations of entrepreneurs and consumers in the field of rights from defective performance in the sale of goods in the shop, definition of defective performance and types of defects. The terms that are related to the topic are also listed and explained. The practical part of the Diploma thesis is consisted of survey among the inhabitants of the Czech Republic and in-depth interviews aimed at identifying consumer behaviour and expectations in this field. For business companies there are recommendations that result from the survey and in-depth interviews.
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Sale of consumer goods - rights arising from a defective performance
Havránková, Lenka ; Elischer, David (advisor) ; Dvořák, Jan (referee)
This diploma thesis focuses on the topic of "Sale of consumer goods - rights arising from a defective performance". This topic is coherently and comprehensibly explained, with an emphasis on a comparison between the former legal regulation governing exercising of rights arising from a defective performance under the sale of consumer goods (under Act No. 40/1964 Coll., Civil Code) and current legal regulation governing this area (under Act No. 89/2012 Coll., Civil Code), especially with regard to changes in the position of a buyer. Formally, the thesis is divided into six chapters, which are further split into individual subchapters. The first chapter introduces the legislation containing provisions concerning rights arising from a defective performance under the sale of consumer goods. The second chapter deals with the term "sale of consumer goods", with the scope of application of this special area and its purpose. The third chapter describes the procedure of the proper exercise of a right arising from a defective performance, mainly reasons for which this juridical act can be made, what form, content or other elements it must have, who is actually entitled to this act and against whom. This chapter also presents a deadline for exercising of this right, along with arguments for and against...
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Contract of Sale in Private Law
Chvátalová, Daniela ; Dvořák, Jan (advisor) ; Salač, Josef (referee) ; Zahradníčková, Marie (referee)
1 ABSTRACT CHVÁTALOVÁ, Daniela: Contract of Sale in Private Law. [Dissertation thesis]. Charles University. Faculty of Law; Department of Civil Law. Tutor: prof. JUDr. Jan Dvořák, CSc., Head of Department of Civil Law, Vice-Dean for the Doctoral Study Programme and Rigorosum Procedure. Level of professional qualification: Ph.D., Praha: PF UK, 2015. Key words: Civil Code No. 40/1964 Sb. Commercial Code No. 53/1991 Sb. Civil Code No. 89/2012 Sb. Principles of civil law. Purchase. Dual regulation. Precontracting negotiations. Offer and acceptance of the offer. Contract of sale. Purchase of personal property. Purchase of real property. Subject of the contract. Superficies solo cedit. Construction is a part of the land. Hardship clause. Purchase price and manner for determining the purchase price. Commercial terms and conditions. Decrease in a purchase price. Unreasonable decrease in the purchase price Laesio enormis. Price clause. Delivery of goods. Seller's delay in delivery of goods. Transfer of title. Rights in case of defective performance. Quality, quantity, type, and package. Rebus sic stantibus clause. Contractual penalty. Cancellation of a contract of sale. Sale of a plant. Advance payment and retainer. Supranational projects. Draft Common Frame of Reference (DCFR). Principles of European Contract Law...
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Liability for defects in business transactions
Matějíček, Pavel ; Eichlerová, Kateřina (advisor) ; Čech, Petr (referee)
The topic of this thesis is liability for defects in business transactions, or using the terminology of the effective Civil Code, obligations from non-performance. Rights from non- performance are one of the most important legal instruments regarding liability, together with liability for damage and liability for delay, all arising from pecuniary contracts, mainly from purchase contracts and contracts for work. With respect to the elapsed recodification of civil law, obligations arising from non- performance are no longer subject to two codes (in Act No. 40/1964 Coll., Civil Code and in Act No. 513/1991 Coll., Commercial Code), they are now governed only by Act No. 89/2012 Coll., the effective Civil Code. Civil code and its provisions are therefore the main part of this thesis. Moreover, some parts of the thesis contain comparison of the effective Civil Code to the preceding legislation, i.e. the Commercial Code, and to some international treaties as well. The first chapter, which follows right after the preface, contains sources of this thesis. The second chapter deals with the concept of obligations arising from non-performance, compares them to other areas of civil law dealing with liability, and later deals with the concept of commercial obligation. The third chapter talks about the provisions...
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Discount portals
BAGOVÁ, Veronika
The bachelor thesis is about discount portals, in particular about legal relations between the relevant contract parties. The aim of this work is therefore to describe and analyse these relations. In the first part the work speaks about discount portals in general what they are and how they work from the consumer perspective. The thesis also deals with consumer law, especially with sales contract, agency contract and how the distance contracts are concluded. The second part of this work is practical research. The research is based on my own experience with the discount portals and the comparison of the commercial terms and conditions concerning the three most popular discount portals in the Czech Republic.
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