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Usury and Lesion in Business Law Realtions
Šejko, Jaroslav ; Černá, Stanislava (advisor) ; Pelikán, Robert (referee)
Usury and Lesion in Business Law Realtions Abstract The main objective of the thesis is to investigate the issue of usury and lesion in business law realtions and to analyse the possibilities that entrepreneurs have to protect themselves from these undesirable phenomena by means of legal institutes of private law. Particular emphasis is placed on the relationship between the general private law remedies, which serve to correct the substantive incorrectness of legal actions, and the special provisions that exclude protection of entrepreneurs against usury and lesion. In the course of the thesis we will focus on the evaluation and analysis of these institutes and their possible impact on business entities in business dealings, including a comparison with foreign legislation (mainly German and Austrian) and practical recommendations. In its examination, the thesis is progressively divided into several subparts, with the first topic addressed being the protection of the weaker party, the definition of the situation and the reasons for the protection of the weaker party, including the ideological background. The emphasis in this chapter is on the entrepreneur as the weaker party and the possible abuse of the stronger position. In the second and third parts, I focus on the definition of the concepts of usury and...
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Boilerplate contracts made by an entrepreneur
Iskendri, Fasih ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Boilerplate contracts made by an entrepreneur Abstract Boilerplate contracts or contracts of adhesion, as a distinctive category of contracts, were identified by legal doctrine as early as 1904. However, they were first introduced in Czech legislation only with the advent of the new Civil Code, which entered into force in 2014. At present, due to their practicality, they are the most widespread form of contract, which, thanks to the speed of conclusion, finds the greatest utilization in mass contracting, in areas with a broad base of demanding entities, typically consumers. Entrepreneurs played a crucial role in the formation of this institute, when they as primary producers and service providers utilized the potential of adhesion contracts and are still to this day their most common drafters. This diploma thesis deals mainly with the process of concluding bolierplate contracts by entrepreneurs. Emphasis is placed on the individual contractual phases, what are their specifics and how do they differ from the traditional individual contracting. The importance of the adhesive contracting isevaluatedfromtheperspectiveoftoday'ssocietyneeds . Each contractual phase and method of concluding is analysed and put into context with the real practice of consumer and business relations. The main purpose of the civil law...
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Protection of an entrepreneur in the position of a weaker party
Hercíková, Jana ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The thesis deals with the protection of the entrepreneur in the position of the weaker party according to the Civil Code. The thesis is divided into five chapters. The first chapter deals with individual principles of the private law. The second chapter defines the concept of an entrepreneur, small and medium-sized entrepreneur and, in particular, the weaker contracting party, which is the main subject of this work, and last but not least, deals with entrepreneurs in the position of the weaker party. The third chapter deals with the individual criteria that the author takes into account when assessing whether he is a weaker entrepreneur. The fourth chapter deals with selected institutes according to the Civil Code and the fifth chapter represents a practical conclusion through practical examples. The aim of this work is to approach this issue, but this goal is divided into the three sub-objectives mentioned in the introduction. The author sets hypotheses that are confirmed or refuted at the end of the thesis.
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