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Rights from defective performance in consumer contracts
Nováková, Kristýna ; Elischer, David (advisor) ; Dvořák, Jan (referee)
1 Rights from defective performance in consumer contracts Abstract This diploma thesis deals with rights from defective performance in consumer contracts, with both the general regulation of the rights of defective performance in the contract between the entrepreneur and the consumer, as well as the specific rights of defective performance in this contract in the case of the purchase contract and contract for work. The thesis contains definitions of the basic subjects of consumer law, as well as legal terms, which are often associated with the application of legal rules of consumer law. Such terms are defective performance, as well as individual types of defects, or even the disputed warranty under the law or voluntary contractual guarantees provided by the seller. This thesis deals in detail with the rights of defective performance, which belongs to the buyer in case of conclusion of the purchase contract. A special focus is given to the special subsection of civil code on the sale of goods in the shop. The part of this thesis is also the definition of the term of complaint, the exercise of the right from defective performance in terms of its content, manner or form, or the work also represents the persons entitled or compulsory to complain. The thesis also solves problems with proper application of the...
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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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Liability for defects in sale contract
Šťastná, Eva ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
This thesis carried out an analysis of various aspects of liability for defects in the contract of sale under the New Civil Code. The text discusses general liability and displays special treatment contracts. The thesis includes a division of defects, deals with a liability for defects focused on the sale contract and a contract for work. Further specification party beneficiary rights of defective performance and other rights to the settlement of total loss. There are given rights principles and procedures of the defects of the complaint procedure. The text contains rules on liability for defects in international trade. The thesis is the comparison of new and old legislation, the most significant changes and an overview of the consequences of changes to the consumer.
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Liability for defects and guarantee according to the Civil Code
Šorf, Marek ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The aim of this thesis is to analyse legal regulation of liability for defects and guarantee in Czech civil code and to elaborate problematic paragraphs of this area of law. Thesis defines general regulation, specific regulation for separate contracts and also specialities of consumer law according to civil codes no. 40/1964 and no. 89/2012. There are defined principles of liability for defects and guarantee liability, rights from liability for defects and complaint procedure. Thesis also contains comparision of Czech legal regulation with the English one. Law of European Union is added too, there is summarized the accuracy and suitability of implementation of European directive no. 1999/44/ES into the Czech Civil Code.
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