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The application of alternative dispute resolution methods in the exercise of conusumer rights and resolution of consumer disputes
Teplá, Jana ; Smolík, Petr (advisor) ; Frintová, Dita (referee)
Judicial protection is considered as the basic civilian right guaranteed by many of international conventions and constitutions of particular states, which is necessary in cases of endangering or breach of law. Although it is the basic safeguard, some of the infringed relationships need another technique of their solving (especially family, labour or neighbourlyrelationships). Among these ranks the consumer relationship - relations between consumers and traders. This relationship has a specific character - it is imbalanced. The consumer is economically weaker and less experienced in legal matters than the other party to the contract - the trader. Many consumers refrain from taking action in case of infringement of their right because of certain problems associated with court procedures in consumer disputes, such as high fees, long delays and cumbersome procedures; outgoings exceed the value of claim. In order to enhance the effectiveness of the enforcement of consumer rights and increase access to justice, there were set up special out-of-court procedures. These use various alternative dispute methods which are denoted as structured methods of resolving disputes other than formal court based adjudication, such as mediation, arbitration and conciliation which facilitate consumer access to justice....
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Consumer contracts. Direct sale in the Czech Republic, the EU and the USA.
Strnadel, Dalibor ; Dvořák, Jan (referee) ; Salač, Josef (advisor)
- 142 - Abstract The purpose of my thesis is to analyse the regulation of consumer contracts negotiated away from permanent retail locations and to outline the industry of direct selling in the Czech Republic, the European Union and the United States. The thesis is subdivided into six independent chapters. Chapter One is introductory and defines basic terminology used in the thesis. This chapter is divided into three parts. Part One defines direct selling as a channel of distribution for the marketing of products and services directly to consumers. Part Two presents different kinds of direct selling, i.e. door-to-door selling, person-to-person selling, home parties and group selling. Finally Part Three compares direct selling with distance selling. Chapter Two provides an outline of the relevant legal regulation of direct selling. The current legislation in the European level is composed of Directive 85/577/EEC which relates to protection of the consumers in respect of contracts negotiated away from business premises. The Directive has been implemented into Czech legal system on the basis of the Czech Republic's membership in the European Union. The Directive is provided in Section 57 of Czech Civil Code 40/1964 Coll. This Part also looks at the process of the review of the consumer acquis. Chapter...
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The protection of a consumer in consumer contracts
Šafrová, Markéta ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The diploma thesis deals with the protection of a consumer in consumer contracts with the fact that it is based on Czech law as well as on European Union legislation, because there are directions, which had to be implemented into the legal order of the Czech Republic. First of all I deal with basic characteristic of the legal regulation of consumer protection and its sources. The issue of consumer contracts is divided into three parts. The first one is just about contracts and rules, which determine all consumer contracts. The second part describes specific types of consumer contracts and finally I outlined perspective of a next development of this problem. I also try to focus on European aspect of regulation of consumer contracts and I found out, that Czech lawmaker has got a massive lack of knowledge in the implementation.
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Consumer contracts
Švihelová, Zuzana ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The purpose of my thesis is to analyse issue of Consumer Contract Law in the Czech Republic in the context of European Law. The thesis is composed of six chapters, each of them dealing with different aspects of Consumer law. Chapter One is introductory and offers the general point of view on discussed topic, my personal motivation for choosing it. Chapter Two is divided into two parts. Part One sums up very short history of Consumer law, Part Two focuses on European consumer law and on direct influence on the Czech legislation. Chapter Three is the principal chapter in my thesis, because it defines basic terminology of Consumer Law: consumer contract, consumer and supplier. The chapter is subdivided into three parts- one part for one term. In Part One the question of creating the contract, e-shops and special contractual types according the Civil Code are also discussed. Subject is treated in the context of both Czech and European Law with relevant case law. Chapter Four is subdivided into two parts and provides an outline of relevant Czech law in the branch of Consumer protection. Part One illustrates the Consumer protection based on the Czech public law (mainly Administrative and Criminal Law). Part Two is more important for my thesis and looks at Consumer protection with respect of private law...
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Consumers protection during the process of contracting
Kakáčková, Tereza ; Švarc, Zbyněk (advisor) ; Kříž, Radim (referee)
The main purpose of diploma thesis - Consumers protection during the process of contracting - was to analyze the consumer protection legislation at national level and European level. Thesis deals with consumers protection during the process of contracting in Czech Republic with closer focus on distance contracts and off-premises contracts. The general part of thesis provides a comprehensive insight into the private, public and European regulation of consumer law, as well as it summarizes basic concepts and consumer contracts more in detail. Two chapters of the general part are devoted to the distance contracts and to the off-premises contracts. Analytical part of thesis is based on quantitative research made by me. These results are compared with the results of two European surveys (Eurobarometers). The aim of the research was to define the attitude of Czech consumers to the consumer law, protection of the consumer rights and also find out more about their approach within the distance contracts.
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Consumer Protection in New Czech Civil Codex
Kubešová, Eliška ; Grmelová, Nicole (advisor) ; Neděla, Radek (referee)
As a member of the European Union, the Czech Republc is obliged to implement European directives and regulations, also in consumer protection policy. The revision of European consumer acquis has begun in the same time as the long awaited recodification of Czech civil law -- new Civil Codex. The thesis focuses on how the new Civil Codex reflect the most important recent European regulations and directives. A few were chosen to be analysed more thoroughly -- directive 2011/83/EU, Draft Common Frame of Reference, draft of common European purchase contract, draft of directive 2011/793 and regulation 2011/794. Moreover, it focuses on a few selected issues included in the new Civil Codex, notable from the view of European legislation transposition -- e. g. the definition of consumer, distance and off-premises contracts, unordered supplies and unfair contract terms
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Státní regulace cestovního ruchu
Machkovs'ka, Ol'ga
Machkovs'ka, O. State regulation of tourism. Bachelor thesis. Mendel University in Brno, 2014. The bachelor thesis deals with state regulation of tourism and consumer protec-tion. The theoretical part is focused on determination of state regulation of tourism and consumer protection in this industry according to the New Civil Code. Furthermore, there is mention about Strategy of National Tourism Policy of the Czech Republic valid for the period of 2014-2020. The practical part focuses on examples of solving travel claims in selected tour operators and analyzing travel contracts. The thesis also compares changes of legislation of travel contract after 1.1.2014. In conclusion are given recommendations for consumers.
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Travel contracts according to the new Civil Code
KARBULKOVÁ, Iveta
The topic of this thesis is: Travel contracts according to the new Civil Code. The thesis consists of two parts - theoretical and practical. The theoretical part deals with the basic terms related to the tourism and it describes the consumer protection legislation in both the Czech Republic and the European Union. In the practical part, there is an analysis of some travel contracts (including the terms of a contract) of tour operators and travel agencies located in České Budějovice. This part also analyses the results which were obtained from the questionnaires intended for the customers of tour operators or travel agencies and for the tour operators and travel agencies.
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