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Liability for failure to make a contract in business relations
Houžvičková, Adéla ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
This thesis deals with one of the elements of the pre-contractual liability, which has been incorporated into the Civil Code under its Section 1729. Specifically, it concerns liability for unfairness, which consists in the deceptive inducement of a reasonable expectation of the conclusion of a contract and the subsequent termination of negotiation without the party having just cause. The subject of this thesis will also be an analysis of whether and how the mutual rights and obligations in the pre-contractual relationship will be modified if one of the contracting parties is an entrepreneur. Within the first part of my thesis, I subject the legal norm and its subparts (as I appoint them bellow) to a detailed analysis. Firstly, I analyse the prerequisites for applicability of the legal norm (i.e. the hypothesis of the legal norm), then the unlawful act itself, its nature and its manifestations (i.e. the disposition of the legal norm) and, lastly, the negative consequences that may eventually arise if one of the parties acts unlawfully. Crucial part of my thesis is constituted by chapters 3 - 6, in which I deal with the individual parts of the structure of the legal norm and then evaluate the general conclusions in terms of their applicability within the business environment. Within the 3rd chapter I...
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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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