|
|
International contract of sale: Obligations of the seller
Horák, Martin ; Pauknerová, Monika (advisor) ; Bříza, Petr (referee)
The thesis deals with the regulation of the seller's obligations in the Vienna Convention on Contracts for the International Sale of Goods. The Vienna Convention was adopted by the United Nations in 1980 and has since been ratified by 95 countries from around the world. It contains a unified substantive regulation of an international sales contract, which is the basic contractual type of international trade. With its content and popularity, the Vienna Convention represents the most important unification act in the field of international trade. The thesis aims to describe and analyse the regulation of the seller's obligations, which forms the central part of the Vienna Convention. The basic principle of the Vienna Convention is uniform interpretation, which ensures that it will be applied in the same way by courts and arbitral tribunals around the world. The thesis focuses on the identification of this unified regime and does so by analysing and comparing Czech and foreign literature and case law. The thesis is divided into three parts. The first chapter deals with the general characteristics of the Vienna Convention. The historical genesis of the Vienna Convention and the unification of international trade law are analysed. Furthermore, the substantive regulation and its relationship to the...
|
|
|
International contract of sale
Chvojka, Michal ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
International Sales Contract Abstract The thesis deals with the issue of liability for a breach of an international sale contract in case the fulfillment of a contractual obligation is prevented or made significantly more onerous by events beyond the control of contracting parties. The aim of the thesis is to determine whether the United Nations Convention on Contracts for the International Sale of Goods (hereinafter referred to as the "CISG") also applies to hardship, which is a situation where a change of circumstances causes a fundamental imbalance between the parties. Firstly, the thesis covers general topics related to the international sales contract and the CISG as the most important source of law governing this area, while the attention is particularly aimed at its historical development and scope of application. This is followed by the chapter dealing with damages under the CISG together with an analysis of Articles 79 and 80, which regulate the liability exclusion of contracting parties including the conditions necessary for the application of these provisions. The second half of the thesis introduces the concept of hardship, its legal consequences and extension in national legal systems as well as at the international level. Then, specific theories concerning the relationship between a...
|
|
|
International sales contract
Rada, Karel ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
International sales contract - Summary The topic of this thesis is an international sales contract. The aim of this thesis was to outline various ways of regulation of international sales contracts. Particular attention was paid to the United Nations Convention on Contracts for the International Sale of Goods and the emerging European legislation Common European Sales Law. The thesis is divided into three main parts. The first part provides insight into the history of the concept of contracts of sale and the definition of this term in Roman law. Following is a brief description of modern regulations on sales contracts. Also an international element is defined in the international sales contracts and basic elements of choice of law rules are discussed in the next section. The last section of this part is devoted to individual regulations regarding international sales contracts. These regulations are divided according to their origins into national regulations, international regulations, norms and rules of European law and the rules of international business transactions - lex mercatoria. The second part of this thesis deals exclusively with the United Nations Convention on Contracts for the International Sale of Goods, which is the most successful international treaty in the area of international sale of...
|
|
|
Damages under the United Nations Convention on Contracts for the International Sale of Goods
Marková, Veronika ; Pfeiffer, Magdalena (advisor) ; Brodec, Jan (referee)
The subject of the rigorosum thesis is damages under the United Nations Convention on Contracts for the International Sale of Goods (hereinafter the "CISG"). The CISG can be described as one of the most important and most widely used legislative instruments providing a unified framework for contracts for the international sale of goods. The aim of this thesis is to make a critical analysis of the provisions concerning the right to damages, to confront misleading provisions and to clarify issues not expressly dealt with by the CISG in order to provide a comprehensive overview of the right to damages under the CISG, taking into account its core values and principles. The significance of the CISG in the business world and the purpose of the right to damages are introduced in the first part of the thesis. The CISG is fundamentally influenced by the UNIDROIT Principles1 and PECL2 , which help to interpret vague languages found in the provision and to supplement and to clarify the provisions of the to the CISG. The crucial goal of the right to damages, which is to place the aggrieved party in the same position it would have been in economically if the contract had been performed, is embodied in the principle of full compensation. The goal of the subsequent chapter is to describe all requirements for...
|
|
|
Passing of Risk in International Sale Contract under CISG
Dimitrov, Pavel ; Pauknerová, Monika (referee)
PŘECHOD NEBEZPEČÍ DLE ÚMLUVY OSN O SMLOUVÁCH O MEZINÁRODNÍ KOUPI ZBOŽÍ 5 Abstract This thesis is focused on passing of risk of accidental loss and destruction of goods during international sale. The main objective is to fulfil the hypothesis concerning the the regulation of passing of risk in two main sources of its regulation, the Incoterms clauses and the UN Convention on the International Sale of Goods, so called the Vienna Convention, and their mutual relationship in the regulation of this institute. Thesis also contains an analysis of the term danger and its various types. The second part is focused on the revision of Incoterms 2020, comparison of the passing of risk under Incoterms and the Vienna Convention, their similarities and differences and the possibility of their interaction.
|
|
|
Damages under Article 74 of the United Nations Convention on Contracts for the International Sale of Goods ((CISG)
Bečvářová, Bára ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The thesis focuses on the issue of damages under Article 74 of the United Nations Convention on Contracts for the International Sale of Goods (hereinafter the "CISG") as one of the possible outcomes of a breach of international sale contract. The general goal of the thesis is to comprehensively describe possibilities of the innocent party when claiming the damages under Article 74 of the CISG while focusing in detail on the issue of calculation of damages. The contents of the thesis are separated into three parts. First two chapters of the thesis cover general topics related to CISG such as its importance in the field of international sales and historic context of both the CISG as a whole and its Article 74 in particular. The reader's attention is aimed at the position of Article 74 within the CISG and detailed description of the principles governing its application, including in particular the principle of full compensation and related categorization of loss for which the damages can be awarded. Apart from the extent of the innocent party's right to damages, the thesis also describes the limitations of such right, namely the foreseeability of the loss and the obligation of the innocent party to mitigate it. In its second part, the thesis focuses more closely on the calculation of damages. In this...
|
|
|
Sales Contract in International Business Transactions
Vach, Jakub ; Růžička, Květoslav (advisor) ; Pfeiffer, Magdalena (referee)
The main aim of this diploma thesis was to identify the international sales contract with a focus on the definition of the international sales contract, the sources of law which govern the international sales contract and the United Nations Convention on Contracts for the International Sale of Goods, with a closer focus on the formation of the contract and rights and rights and obligations of the buyer and the seller under the Vienna convention and the relevant case law for these issues, as well as the gaps in the Vienna convention. The methods used to develop this diploma thesis are analysis, description and synthesis. Analysis is used to the greatest extent in the third chapter, description is used especially within the first and second chapter and the synthesis is used within the recapitulations at the end of each chapter and within the summary. Within the first chapter I focused on the definition of the international sales contract and its distinction from the classical sales contract. The second chapter deals with the sources of law, which govern the international sales contract. In this chapter, I focus on the direct regulation, conflict of law rules, imperative legal norms, international treaties, European law, choice of law, international business practices, national law, lex mercatoria,...
|
|
|
Damages under the United Nations Convention on Contracts for the International Sale of Goods
Marková, Veronika ; Pfeiffer, Magdalena (advisor) ; Brodec, Jan (referee)
The subject of the rigorosum thesis is damages under the United Nations Convention on Contracts for the International Sale of Goods (hereinafter the "CISG"). The CISG can be described as one of the most important and most widely used legislative instruments providing a unified framework for contracts for the international sale of goods. The aim of this thesis is to make a critical analysis of the provisions concerning the right to damages, to confront misleading provisions and to clarify issues not expressly dealt with by the CISG in order to provide a comprehensive overview of the right to damages under the CISG, taking into account its core values and principles. The significance of the CISG in the business world and the purpose of the right to damages are introduced in the first part of the thesis. The CISG is fundamentally influenced by the UNIDROIT Principles1 and PECL2 , which help to interpret vague languages found in the provision and to supplement and to clarify the provisions of the to the CISG. The crucial goal of the right to damages, which is to place the aggrieved party in the same position it would have been in economically if the contract had been performed, is embodied in the principle of full compensation. The goal of the subsequent chapter is to describe all requirements for...
|
|
|
International Sales Contract: The principle of good faith under the United Nations Convention on Contracts for the International Sale of Goods
Večeřa, Matěj ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
60 Abstract The thesis is called International Sales Contract: The principle of good faith under the United Nations Convention on Contracts for the International Sale of Goods. The aim of the thesis was to outline the position of good faith in international trade together with a reference to its conception in different legal systems with special focus on continental and common law. The main aim of the thesis was to analyse the good faith principle under the United Nations Convention on Contracts for the International Sale of Goods (CISG). The author is trying to offer a theoretical basis for the realization of this analysis through the whole thesis. In doing so, the thesis describes, inter alia, historical development of the good faith principle under the CISG, related geopolitical problems and finally a comparison of the good faith principle under the CISG with other documents dealing with international trade is also included. In analysing the good faith principle under the CISG, the author focused mainly on the issue of different concepts and interpretations of this principle with an emphasis on the precise function of the good faith principle based in Art. 7 (1) of the CISG. The thesis was realized by using a descriptive method since the author used information obtained chiefly from the doctrine and...
|
|
|
International sales contract
Rada, Karel ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
International sales contract - Summary The topic of this thesis is an international sales contract. The aim of this thesis was to outline various ways of regulation of international sales contracts. Particular attention was paid to the United Nations Convention on Contracts for the International Sale of Goods and the emerging European legislation Common European Sales Law. The thesis is divided into three main parts. The first part provides insight into the history of the concept of contracts of sale and the definition of this term in Roman law. Following is a brief description of modern regulations on sales contracts. Also an international element is defined in the international sales contracts and basic elements of choice of law rules are discussed in the next section. The last section of this part is devoted to individual regulations regarding international sales contracts. These regulations are divided according to their origins into national regulations, international regulations, norms and rules of European law and the rules of international business transactions - lex mercatoria. The second part of this thesis deals exclusively with the United Nations Convention on Contracts for the International Sale of Goods, which is the most successful international treaty in the area of international sale of...
|
guest ::
