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Clausula Rebus sic stantibus in contractual relations
Doksanská, Debora ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Clausula Rebus sic stantibus in contractual relations Abstract The main topic of this thesis is mainly the evaluation of the legal regulation of the clausula rebus sic stantibus. Its purpose is a kind of right of the contracting party concerned to provoke negotiations on the content of the obligation and to adjust the relations between the contracting parties, which will help to restore the balance within the contractual relationship. This right of the party concerned is subject to a substantial change of circumstances, i.e. there must be a change of circumstances of such a serious nature as to fundamentally alter the terms of the contractual obligation. There is still a conflict between two directions in the approach to this issue. The first is that it is a fundamental interference with the legal certainty of the parties and with the principle of pacta sunt servanda, and that such an institution should not be part of the legal order because it is essentially against the principles that are the cornerstones of civil law. The second approach is rather positive and welcomes its inclusion in the legal order, the institute thus ensures fairness and equilibrium between the parties in contractual relations and makes it possible to intervene in unforeseeable situations to save the conditions prevailing in the...
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Laesio enormis
Jirman, Daniel ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
LAESIO ENORMIS Abstract This diploma thesis is focused on the institute of Laesio enormis, which has been returned to the Czech legal system after many years with the effect of the new Civil Code No. 89/2012 Coll. The importance of laesio enormis has been rising currently, when the market place is controlled by powerful commercial instruments and the prices are uncontrollably rising due to various external influences. Therefore this thesis is focused on the analysis of the institute, which is protecting the injured contracting party, and breaks through one of the bacis principles of the civil contract law, such as the autonomy of the will. The aim of this thesis was also to explain the origin of this institute and its development, that was necessary to observe the development of philosophical thinking in relation to the understanding of fair price, which is absolutely crucial in the aplication of the laesio enormis. For better understanding of the valid regulation of the institute in the Czech legal system, the diploma thesis analyzes the individual sources regulating this institue, which can be found mainly in the surrounding European countries. It was also essential to define laesio enormis in the context of other institutes breaking the principle of the autonomy of the will, such as the protection of...
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Comparison of the legislation of liability for damage in the Czech and Austrian civil law
Lorenc, Jan ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic of this Master's degree thesis is "Comparison of the legislation of the damage liability in the Czech and Austrian civil law". The purpose of the thesis is to give the general summary of the topic and to point out the main differences and similarities in the area of damage liability in the Czech and Austrian civil law. The core of the thesis consists in the comparison of the tort liability, i.e. damage liability arising from the illegal act (tort law) and the strict liability. The thesis should also verify, if the legislation of the damage liability in the traditional Austrian Code - Civil Code of Austria - is similar to the legislation in the Civil Code of the Czech Republic and if the Civil Code of Austria was an inspiration for the new Czech Civil Code. The thesis is composed of six chapters, the core could be found in the chapter two, four and five. Chapter One is a historical introduction and it describes the evolution of the civil law in the Austrian and Czech area. Chapter two is focused on the basic terminology and the key terms such as "damage liability" and "damages" and the constitution conditions of the damage liability as well as damages. The chapter gives a description of the main differences and similarities in the terminology in the both Codes. Chapter three examines the...
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Community interest society
Mazanec, David ; Frinta, Ondřej (advisor) ; Radvanová, Senta (referee)
Grounds for the topic of my thesis are connected with approved Amendment Act of Community Interest Societies. The aim of the work is to explain reasons that made the legislation power approve the amendment (mentioned above), specification of the most essential features of legal entities of a non-profit sphere, and usage of comparative levelling of the original statutory text with the actual legal regulations. The thesis is devided into 8 chapters and results from the basic characteristics of legal entities of the non-profit sphere in relation to a short discursion respecting their historical evolution. Attention is paid to general definition signs of these legal entities. The work focuses on legal status a Community Interest Society in the context of the Czech Legal Order. Great attention is paid to the Amendment Act of a Community Interest Society, especially with respect to the newly constructed conception in the area of authorities status of Community Interest Society and alignment of their acticity. The thesis deals with procedural process during foundation and liquidation of that kind of non-governmental organization and activities that are typical of the Community Interest Society. The merits of the thesis is characteristic of use of comparative view of the original statutory text concerning...
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Legal consequences with respect to the breach of contract under civil law
Novák, David ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
S u m m a r y The goal of this thesis is to analyse the legal consequences of the breach of contract, especially under civil law, although, some essential comparison with legal regulation of commercial law is given, too. The text is divided into ten chapters. In the introduction, i. e. in the first two chapters the term of contract is defined and then the basic legal principles of the contractual law are enumerated and described in respect of the topic. The third chapter deals with the subject of the paper globally and shortly characterises each consequence of the breach of contract. The account of them is also given. The following chapters provide complete information how every consequence works and which part it plays in the Czech legal system. Specifically, Chapter Four is focused on debtor's delay and Chapter Five on creditor's delay. Chapter Six investigates liability for damage and damages a bit, as well. Chapter Seven deals with liability for defects and Chapter Eight is about contractual fine. In Chapter Nine is mentioned discharge of contract and its consequences. Each of in this paragraph enumerated chapters describes its subject itself and also relevant related problems in context with practice of the courts. In the last chapter, i. e. in the Conclusion is the whole topic shortly summarized with...
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Protection of personal rights in civil procedure
Bukovjanová, Lucie ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Resume: This thesis deals with the general personality right of individuals and its civil law protection, proceedings in the first instance. Universal personal law as the law related to any natural person, is one of the fundamental human rights. As such, the imprescriptible right, not subject to the statute of limitations, irrevocable and inalienable. Protection of personal rights of individuals is therefore included nor in the Civil Code, as a basic private personal protection legislation, either in the constitutional order of the Czech Republic, especially in the Charter of Fundamental Rights and Freedoms, just as at regional and international protection of fundamental human rights and freedoms. Civil Code, calculated individual rights (permissions), resulting from the protection of individual personality, only indicative, so that into the right to protection of personal rights of individuals includes the right to life and health, the right to civic honor and human dignity, right to privacy, the right to name and the rights to the statements of a personal nature. The protection of personality is largely shaping with the decision-making practice of courts and other personality rights arise from their conclusions. The range of civil remedies is quite broad. In my work I focuse on the protection of...
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Legal tools for the protection of personal rights of an individual in civil law
Vydržel, Jan ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The thesis deals with legal tools for the protection of personal rights of an individual in civil law. The aim of diploma thesis is to show how important the protection of personal rights in our modern day society is, to analyse available instruments for the protection of general right to personality in civil law and to evaluate these instruments of protection as well as their ability to provide effective protection. The thesis is composed of Nine chapters in 78 pages of text. Chapter One deals with the introduction to the subject of the thesis and tries to capture the reader's focus, and also sets the theme of the thesis. Chapter Two explains the concept of general right to personality and its defining features along with its historical development. It is also focused on defining its place among other kinds of rights in our national legal system. The third chapter deals with legal guarantees of protection of personality on both the national and the international levels (based upon international treaties). It consists of three parts. The first part deals with constitutional law. Part Two describes international treaties which protect general right to personality. The third part deals with national statutes which define personality rights and legal instruments for their protection. Chapter Four is...
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Foundation and benevolent fund
Mazanec, David ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
This rigorous thesis titled Foundation and benevolent fund is divided into ten chapters and its extent has reached one hundred and twenty-four standard pages of plain text. The aim was to describe one of the most typial legal person i.e. foundation and benevolent fund from doctrinal as well from theoretic point of view. Opening chapter is dealing with division of legal persons concerning their theoretical classification between legal persons of private law and legal persons of public law. Simultaneously the chapter is aimed at detailed elaboration and specification of conceptual characteristic of entities of private law. The entire opening chapter is interconnected with issues related to general conception of legal persons from the point of view of the most significant theories i.e. theory of fiction and theory of real united entities. In second chapter we have essayed to describe historical perspectives of development of foundation. Regarding historical perspectives we have started from the historical background of Roman law period and we have reached the codification works set in 19th century (in particular ABGB). Establishment of Czechoslovakian legal system was not omitted either and through the presentation dealing with repression of foundation law in the period on second half of the 20th...
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Making juridical acts by legal entities (A theoretical conception)
Šilhavý, Filip ; Beran, Karel (advisor) ; Tryzna, Jan (referee)
Herein presented thesis intends to outline some of the conceptual yet practical issues that arise as of the effect of the new civil code in relation to conceptual changes of legal doctrine of legal persons and its legal acting. In chapter 2 hereof the author briefly illustrates the history and development of legal persons in the continental Europe with a special focus on the theories of legal persons. In the end of the chapter the author analyzes the current concept of the legal persons in the legal system of the Czech Republic. In chapter 3 hereof the author describes the primary principles upon which the concept of legal persons and its legal acting is built. The author also briefly analyzes the term and meaning of legal acting in general. The author further engages in analysis of acting of legal persons and its legal nature in relation to the question of who is the person acting; whether it is a legal act performed by a natural person acting in representation of the legal person or whether it is the legal person who acts on its own. In the final part of the chapter the author analyses the law on acting of legal representatives on behalf of the legal person and outlines the issues arising thereof. In chapter 4 the author describes and analyses particular issues that arise from the effective law....
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Duty of Care in Czech and German Civil Law
Scholle, Jan ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Duty of Care in Czech and German Civil Law Abstract The thesis deals with the importance of duties to prevent damages (duties of care) in Czech civil law. It focuses on detailed analysis of a few provisions of the Czech Civil Code. The main attention is focused on s. 415 of the Civil Code (Act No. 40/1964 Coll, the Civil Code, as amended; "OZ") establishing "the general duty of care". Findings about duties of care in the Civil Code are compared to a system of duties of care in German law of delict and additionally discussed using tools of economic analysis of law. The paper results in recommending changes in wording and interpretation of the duties of care and their comparison with the wording established by Act No. 89/2012 Coll., Civil Code ("NOZ"), effective from 1 January 2014. Chapter One examines development of interpretation of main provisions of OZ establishing duties of care. It briefly analyzes basic aspects of law of delict of OZ. It makes use of these findings in order to describe a position of duties of care in law of delict and limits of their interpretation. The main imperfections of their interpretation are illustrated on a couple of judicial decisions. Chapter Two briefly describes the system of law of delict under the German Civil Code ("BGB"). The chapter explores criteria of application...
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