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Limitations on Freedom of Contract in the Civil Law
Juřicová, Kateřina ; Dvořák, Jan (advisor) ; Zahradníčková, Marie (referee) ; Selucká, Markéta (referee)
OF DISSERTATION IN ENGLISH Doctoral Student: JUDr. Kateřina Juřicová Topic of Dissertation: Limitations on Freedom of Contract in the Civil Law Supervisor of Dissertation: Prof. JUDr. Jan Dvořák, CSc. Doctoral Programme of Study: Theoretical Legal Sciences - Civil Law, Univerzita Karlova, Právnická fakulta, katedra občanského práva Date of Closing of Dissertation: 31.12.2019 The dissertation covers the limitations on freedom of contract in civil law and provides with the summary and following analysis of both general and specific limitations on freedom of contract in civil law. The general limitations consist of mandatory rules and stipulations prohibited by law. As part of the analysis of the general limitations both character and distinction between mandatory and non-mandatory rules are analyzed, as well as the criteria for the provisions to be designated as mandatory such as statutory prohibition, stipulations contrary to good morals, public order or the law concerning the status of persons, including the right to protection of personality rights. Similarly, the list of specific limitations on self-authorship describes legal relationships between landlord and tenant, employer and employee or consumer and entrepreneur, various cases in the community property of spouses or contracts with minors,...
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