|
|
Three issues of consideration of consumer contract penalty clauses in judgments rendered between 2020 and 2022
Švarcbek, Alexandr ; Patěk, Daniel (advisor) ; Tomášek, Petr (referee)
Three issues of consideration of consumer contract penalty clauses in judgments rendered between 2020 and 2022 Abstract This diploma thesis deals with the issue of penalty clauses in consumer contracts. The goal of this diploma thesis was to determine, based on the analysis of the decisions of court rendered between 2020 and 2022, whether there is a differing legal assessment in cases with similar factual circumstances (penalty clauses) in the judicial practice of courts, and if so, for what reasons. The diploma thesis reveals that in some aspects, the legal assessment by courts in factually similar cases is entirely different. Based on the analysis conducted, three main problems arising in the consideration of penalty clauses in consumer contracts are formulated. Namely the issue of assessing the adequacy of the amount of the contractual penalty and the related discretionary power of a court to reduce an excessive contractual penalty, whether the penalty clause is formulated in plain and intelligible language, and the (im)possibility of including penalty clauses in the terms and conditions or other documents different from the main consumer contract. It also emerged from the analysis that in more than 1/3 of cases the courts ignore the special legal regulation of consumer contracts and do not deal with the...
|
|
|
Unfair terms in consumer contracts
Pružinská, Lucia ; Čech, Petr (advisor) ; Patěk, Daniel (referee)
Unfair terms in consumer contracts Abstract This master thesis deals with the unfair terms in contracts concluded with consumers. Firstly, the main notions associated with the topic of unfair terms are described, especially the notion of consumer as it is a crucial term for the purpose of this thesis and notions related to it such as entrepreneur, or seller of goods and supplier of services, and consumer contract. Further it deals with the key EU legislation in the context of unfair terms, which is mainly the Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. The principle of minimum harmonisation on which this Directive is based upon is also explained. Moreover, the case law of the Court of Justice of the European Union, which is indeed rich, considering the length of time period the Directive has already been in force, and has often undergone major developments, is one of the main focus points. In the light of the case law it aims to explain which terms are considered to be unfair, and which aspects are essential to that assessment. These include, for example, the concept of inadequacy and transparency, significant imbalance of rights and obligations or fairness. It explains how these concepts are interpreted and what are the consequences of such unfair terms, in particular...
|
|
|
Boilerplate contracts made by an entrepreneur
Chalabi, Robin ; Horáček, Tomáš (advisor) ; Hurychová, Klára (referee)
Boilerplate contracts made by an entrepreneur Abstract The diploma thesis thematically focuses on an issue of contracts of adhesion which are concluded by entrepreneur in the course of trade. Contracts of adhesion are characterised by a specific, adhesive, method of entering into contracts based on the principle of take it or leave it which relies on the fact that the basic terms of contract are determined by one of the contractual parties which results in reducing the options of the weaker contractual party to full acceptance of unilaterally determined basic terms of contract or to the rejection of the contract as a whole. The aim of this diploma thesis is the presentation of a comprehensive analysis of the legal institute of contracts of adhesion de lege lata which is completed by synthesis of the insights in question into relevant theoretical and practical conclusions, including considerations de lege ferenda. The legal institute of contracts of adhesion with regard to the aim of the diploma thesis is subjected to theoretical analysis from the point of view of historical development, from the point of view of definition of the thematically relevant legal concepts de lege lata which are entrepreneur, weaker entrepreneur, consumer or legal regimes of contractual relations, from the point of view of...
|
guest ::
