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Arbitration clauses in consumer disputes
Hloušková, Lenka ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The purpose of my thesis, which is named "Arbitration clauses in consumer disputes", is to confirm or rebut the hypothesis that valid pre-dispute arbitration agreement can be concluded with a consumer, and if the hypothesis is confirmed, what requirements have to be met. The text is composed of five chapters, the introduction, and the conclusion, and each of the chapters deals with different aspects of arbitration clauses in consumers' disputes. Chapter One is introductory and defines the terminology used in the thesis, such as the consumer dispute, the arbitration clause, and the protection of the consumer as the weaker party. Chapter Two concerns the admissibility of an arbitration clause for the settlement of consumer disputes. This chapter is subdivided into three parts. The first part describes the European and the American points of view of pre-dispute arbitration agreements. The second part examines the arbitration clause as an unfair term according to the Council Directive 93/13/EEC of April 5th , 1993 on unfair terms in consumer contracts and with regard to the related case law of the Court of Justice of the European Union and its implementation into the Czech legal system. This part describes the personal applicability, non-individual negotiation, non-fulfillment of the requirement of...
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Arbitration clauses in consumer disputes
Hloušková, Lenka ; Smolík, Petr (referee) ; Pohl, Tomáš (referee)
The purpose of my thesis, which is named "Arbitration clauses in consumer disputes", is to confirm or rebut the hypothesis that valid pre-dispute arbitration agreement can be concluded with a consumer, and if the hypothesis is confirmed, what requirements have to be met. The text is composed of five chapters, the introduction, and the conclusion, and each of the chapters deals with different aspects of arbitration clauses in consumers' disputes. Chapter One is introductory and defines the terminology used in the thesis, such as the consumer dispute, the arbitration clause, and the protection of the consumer as the weaker party. Chapter Two concerns the admissibility of an arbitration clause for the settlement of consumer disputes. This chapter is subdivided into three parts. The first part describes the European and the American points of view of pre-dispute arbitration agreements. The second part examines the arbitration clause as an unfair term according to the Council Directive 93/13/EEC of April 5th , 1993 on unfair terms in consumer contracts and with regard to the related case law of the Court of Justice of the European Union and its implementation into the Czech legal system. This part describes the personal applicability, non-individual negotiation, non-fulfillment of the requirement of...
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Protection of consumer in arbitration
Prchalová, Aneta ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
1 Resumé Protection of consumer in arbitration Act No. 19/2012 Coll. or consumer amendment of Act No. 216/1994 Coll., on Arbitration and Enforcement of Arbitral Awards, brings plenty of new institutes which significantly improved consumer's protection from negotiating arbitration clause over arbitration proceeding to enforcement of arbitral award. All these measures were taken to oblige the requirements of European law and the demand of the public which asked for returning of trust in arbitration just by the means of the acceptance of a new legislation, which should prevent its increasing abuse against customers. Before 1. 4. 2012 the legislation was called unsuitable (or even illegal) for the application in consumer dispute. Because the process of the exclusion of disputes with consumers turned as unfeasible, for its consequence would be enormous and unbearable strain for general court, the lawmakers turned to creating almost special consumer regime for arbitration in issues of consumer contracts. Hereby the "consumer" arbitration was significantly distinguished form general adjustment and considerable number of disadvantages was eliminated. In the conclusion, we can claim that after the April amendment the Czech legal system has comprehensive and consistent adjustment of arbitration, which includes also...
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Arbitration clauses in consumer disputes
Hloušková, Lenka ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The purpose of my thesis, which is named "Arbitration clauses in consumer disputes", is to confirm or rebut the hypothesis that valid pre-dispute arbitration agreement can be concluded with a consumer, and if the hypothesis is confirmed, what requirements have to be met. The text is composed of five chapters, the introduction, and the conclusion, and each of the chapters deals with different aspects of arbitration clauses in consumers' disputes. Chapter One is introductory and defines the terminology used in the thesis, such as the consumer dispute, the arbitration clause, and the protection of the consumer as the weaker party. Chapter Two concerns the admissibility of an arbitration clause for the settlement of consumer disputes. This chapter is subdivided into three parts. The first part describes the European and the American points of view of pre-dispute arbitration agreements. The second part examines the arbitration clause as an unfair term according to the Council Directive 93/13/EEC of April 5th , 1993 on unfair terms in consumer contracts and with regard to the related case law of the Court of Justice of the European Union and its implementation into the Czech legal system. This part describes the personal applicability, non-individual negotiation, non-fulfillment of the requirement of...
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The Protection of Consumer in Travel Insurance
Rasochová, Jitka ; Horová, Olga (advisor) ; Herman, Petr (referee)
This Bachelor's Thesis deals deals with protection of consumer within the general protection of interested party in travel insurance, policy holders or insured person, in relation to their position in relationship with the insurance company. The work is divided into theoretical and practical part. The theoretical part explains the legislation protecting consumer rights, basic principles of insurance and description of the travel insurance. The aim of this Bachelor'sThesis is to analyze, wheter the legal requirements on the czech insurance market are able to protect the consumer. The practical part deals with the most frequent potential risks in insurance protection when traveling abroad by identifying problem areas, particularly controling the quality of distribution, providing information on insurance broker and clarity of policy conditions and dealing with complaints.
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Consumer protection in travel agency
LÍŠŤANSKÁ, Radka
In my master{\crq}s thesis I focused on problems of protection of consumer in travel agencies related sale tours, offering information, guaranties and at last but not least on situations in the case of bankruptcy. The main regulation in this thesis is the article 159/1999 Coll. and follow norms. The study is divided into three chapters and consists of 11 tables, 16 graphs, 7 schemes and 4 appendices.
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