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Consequences of defects in legal acts
Piatka, Juraj ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The purpose of this master's degree thesis is to analyze a fundamental area of Civil Law - the consequences of defects in legal acts. The reason for this research is that this area of law is of great importance mainly but not limited to the contractual obligations and the numerous changes introduced by the new statute, the Act No. 89/2012 Coll., The Civil Code, gave rise to a large number of potential issues. The main objective is to provide a general overview of legal consequences of defective legal acts in order to better understand the context and the development in this area. The differences between particular consequences are appropriately highlighted and, where relevant, the paper provides comparison with the former legislation and points out the significant case law. The paper is composed of the Introduction, three Chapters and the Conclusion. Chapter One is introductory and defines the concept of "legal acts" and its essentials. In addition, a notion of defects in legal acts is presented. Chapter Two is an analysis of the various consequences of defects in legal acts. It is subdivided into four parts. Part One describes the new concept of non-existence in detail and the most disputable areas are discussed. It is argued that the concept of non- existence, although theoretically sound, does...
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Invalidity of Legal Acting in Civil Law
Štelcigová, Štěpánka ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Invalidity of Legal Acts in Civil Law The purpose of this thesis is to analyse comprehensively the institute of invalidity of legal acts, as the most common consequence of defects of legal acts. The invalidity is one of the most important institutes of private law, because the whole society has always needed to act legally and also to rely on the validity of their legal acts. It is necessary to define essential elements of legal acts and the consequences of non compliance with them. This thesis, which is divided into five chapters, deals with the essential elements of legal acts, the defects of legal acts and most importantly the consequences of these defects which is the nullity and mainly the invalidity and voidability of legal acts. First chapter is introductory and describes the evolution of legislation of civil law in Czech Republic because it has came through many significant changes including the field of invalidity of legal acts. Particularly the Act No. 89/2012 Coll., Civil Code, has brought many positive changes this year. Second chapter is divided into three subchapters. It briefly describes the legal facts and it focuses mainly to legal acting as the most important legal fact. It explains the term and the substance of legal acts, names the essential elements of legal acts and the...
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Usurious contracts within the context of civil law
Šejdová, Kateřina ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Central point of the thesis at hand is the effort to clarify legal consequences arising out of the conclusion of the usurious contract. Its primary aim is to determine whether the usurious contract is voidable or rather null and void and whether it is possible to uphold the usurious contract either by applying the concept of partial invalidity or by judicial balancing of the grossly disproportionate considerations arising out of the usurious contract. This thesis is structured into two parts. The first chapter of the first part briefly introduces paradigms of the rules related to the usury. The second chapter analyzes individual characteristics of the usury. In the third chapter author argues for the possibility to review the contracts (showing the disproportion of considerations, defects of the abused's will and the element of abuse, however, not fulfilling all the characteristics of the usurious contracts due to narrow definition of the usury) by the good-manners-test. Second part of this thesis is divided into three chapters. The first chapter analyzes consequences resulting from the violation of the usury prohibition and their impact on the usurer's and the abused's legal position. This chapter also deals with the difficulties in terms of interpretation of rules governing invalidity of legal...
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Invalidity of Legal Acting in Civil Law
Štelcigová, Štěpánka ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Invalidity of Legal Acts in Civil Law The purpose of this thesis is to analyse comprehensively the institute of invalidity of legal acts, as the most common consequence of defects of legal acts. The invalidity is one of the most important institutes of private law, because the whole society has always needed to act legally and also to rely on the validity of their legal acts. It is necessary to define essential elements of legal acts and the consequences of non compliance with them. This thesis, which is divided into five chapters, deals with the essential elements of legal acts, the defects of legal acts and most importantly the consequences of these defects which is the nullity and mainly the invalidity and voidability of legal acts. First chapter is introductory and describes the evolution of legislation of civil law in Czech Republic because it has came through many significant changes including the field of invalidity of legal acts. Particularly the Act No. 89/2012 Coll., Civil Code, has brought many positive changes this year. Second chapter is divided into three subchapters. It briefly describes the legal facts and it focuses mainly to legal acting as the most important legal fact. It explains the term and the substance of legal acts, names the essential elements of legal acts and the...
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Consequences of defects in legal acts
Piatka, Juraj ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The purpose of this master's degree thesis is to analyze a fundamental area of Civil Law - the consequences of defects in legal acts. The reason for this research is that this area of law is of great importance mainly but not limited to the contractual obligations and the numerous changes introduced by the new statute, the Act No. 89/2012 Coll., The Civil Code, gave rise to a large number of potential issues. The main objective is to provide a general overview of legal consequences of defective legal acts in order to better understand the context and the development in this area. The differences between particular consequences are appropriately highlighted and, where relevant, the paper provides comparison with the former legislation and points out the significant case law. The paper is composed of the Introduction, three Chapters and the Conclusion. Chapter One is introductory and defines the concept of "legal acts" and its essentials. In addition, a notion of defects in legal acts is presented. Chapter Two is an analysis of the various consequences of defects in legal acts. It is subdivided into four parts. Part One describes the new concept of non-existence in detail and the most disputable areas are discussed. It is argued that the concept of non- existence, although theoretically sound, does...
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Economic analysis of voidability in the new civil code
Michálek, Jakub ; Dušek, Libor (advisor) ; Pekárek, Štěpán (referee)
This paper makes an economic analysis of juridical acts and contracts voidability under the new Czech civil code (Act no. 89/2012 Coll.) with focus on differences between absolute and relative voidability. The essence of the analysis is to estimate and evaluate the impact of the civil code on subjects' behaviour before and after entering into a contract, in particular their motivation to void the contract, and the costs imposed upon the parties under the contractual relationship. Outcomes of the analysis show that voidability lowers utility and creates incentives for opportunistic behaviour. Furthermore, we show that in some cases, voidability can be justified as economically effective means of preserving legitimate interests of one of the parties, in those cases, relative voidability should be preferred, however. The conclusions of this paper can contribute a new perspective on law during interpretation and application.
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