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Unjust enrichment in the Czech legal order
Pilík, Václav ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee) ; Petr, Bohuslav (referee)
Václav Pilík. Unjustified Enrichment in the Czech Law. PhD thesis 1 Abstract This PhD thesis explores the legal institution of unjustified enrichment in the Czech private law. The subject is dealt in larger historical, theoretical and partly comparative relationships in order not to be reduced only to internal problems of the national regulation. A general view of unjustified enrichment (part one of this work), providing a systematic introduction to the problem, is hinder by different approaches, their overlapping and largely opened discourse on conceptual questions. Despite all that difficulties, found out by comparative legal studies of unjustified enrichment in the civil law and common law systems, it is necessary to undergo an attempt at expression of common features of the unjustified enrichment as a legal concept. Supposing that, we can describe three common features of unjustified enrichment: it is enrichment obtained at the expense of another and in a lawless way; the modern legal institute of unjustified enrichment rests on fragmentary historical basis, substantially completed by national factors of legal development (legislation, justice and doctrine); the enrichment is viewed as objective fact (at least in certain states of facts). Legal development of unjustified enrichment runs differently in...
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Unjustified Enrichment in Business Law
Loukotová, Šárka ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
Unjustified Enrichment in Business Law Abstract The aim of my thesis is to analyse the concept of unjustified enrichment in connection with the commercial law. In fact this topic is usually described in the civil law studies and at the same time the unjustified enrichment is minor topic compared to the obligations arising from the contracts. This is the reason why I have chosen this issue describe and focus on the business aspects. The thesis is composed of seven chapters. Chapter one as an introduction defines basic legislation acts, which I am dealing with throughout the thesis and roughly describes there are changes in connection with the extensive recodification of the Czech private law. Chapter two is subdivided into two parts. Part one focuses on the origin of the unjustified enrichment in Ancient Rome as the base for the civil law. Part two provides an outline of past legislation within the territory of the Czech Republic until its establishment. Chapter three concentrates on the legislation effective until 31 December 2013. It illustrates the approach to decision-making by the Supreme Court including the decision-making in connection with the limitation of rights according to Commercial Code. Chapter four analyses the changes after New Civil Code came into force in relation to commercial law. Here...
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Unjust enrichment in the Czech legal order
Pilík, Václav ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee) ; Petr, Bohuslav (referee)
Václav Pilík. Unjustified Enrichment in the Czech Law. PhD thesis 1 Abstract This PhD thesis explores the legal institution of unjustified enrichment in the Czech private law. The subject is dealt in larger historical, theoretical and partly comparative relationships in order not to be reduced only to internal problems of the national regulation. A general view of unjustified enrichment (part one of this work), providing a systematic introduction to the problem, is hinder by different approaches, their overlapping and largely opened discourse on conceptual questions. Despite all that difficulties, found out by comparative legal studies of unjustified enrichment in the civil law and common law systems, it is necessary to undergo an attempt at expression of common features of the unjustified enrichment as a legal concept. Supposing that, we can describe three common features of unjustified enrichment: it is enrichment obtained at the expense of another and in a lawless way; the modern legal institute of unjustified enrichment rests on fragmentary historical basis, substantially completed by national factors of legal development (legislation, justice and doctrine); the enrichment is viewed as objective fact (at least in certain states of facts). Legal development of unjustified enrichment runs differently in...
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