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Three issues of consideration of consumer contract penalty clauses in judgments rendered between 2020 and 2022
Švarcbek, Alexandr ; Patěk, Daniel (advisor) ; Tomášek, Petr (referee)
Three issues of consideration of consumer contract penalty clauses in judgments rendered between 2020 and 2022 Abstract This diploma thesis deals with the issue of penalty clauses in consumer contracts. The goal of this diploma thesis was to determine, based on the analysis of the decisions of court rendered between 2020 and 2022, whether there is a differing legal assessment in cases with similar factual circumstances (penalty clauses) in the judicial practice of courts, and if so, for what reasons. The diploma thesis reveals that in some aspects, the legal assessment by courts in factually similar cases is entirely different. Based on the analysis conducted, three main problems arising in the consideration of penalty clauses in consumer contracts are formulated. Namely the issue of assessing the adequacy of the amount of the contractual penalty and the related discretionary power of a court to reduce an excessive contractual penalty, whether the penalty clause is formulated in plain and intelligible language, and the (im)possibility of including penalty clauses in the terms and conditions or other documents different from the main consumer contract. It also emerged from the analysis that in more than 1/3 of cases the courts ignore the special legal regulation of consumer contracts and do not deal with the...
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