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Commercial terms and clauses in business transactions
Hošna, Vojtěch ; Horáček, Tomáš (advisor) ; Pelikán, Robert (referee)
Commercial terms and clauses in business transactions This thesis focuses on contracting with standard commercial terms between entrepreneurs. There are higher demands on the mentioned subjects, and therefore, in these cases, the provisions of the Civil Code governing the standard commercial terms will be interpreted differently than in the case of entrepreneur - to - consumer relationships. At first I will try to define the notion itself of business obligations and standard commercial terms. The thesis prefers material understanding of the standard commercial terms. In the other parts, the thesis deals with the function and division of commercial terms. The Civil Code draws the line between standard commercial terms prepared by professional or interest organisations and other standard commercial terms. On that mentioned professionals or interest organisations do not exist any further qualitative or quantitative requirements. This type of standard commercial terms are in the privileged position as to its incorporation. To be the standard commercial terms able to became the valid part of the contract, the link on that terms has to exist. They have to be futther attached or known to the parties. These steps are described in detail. If the standard commercial terms became valid part of the contract,...

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