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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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