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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...
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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...
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Applicability of the United Nations Convention on Contracts for the International Sale of Goods focusing on licence agreements and software
Rýdl, Jiří ; Bříza, Petr (advisor) ; Pauknerová, Monika (referee)
Applicability of the United Nations Convention on Contracts for the International Sale of Goods focusing on licence agreements and software Abstract The first three chapters deal with the requirements of applicability of the United Nations Convention on Contracts for the International Sale of Goods ("Vienna Convention"). The general aim is to describe the requirements, to identify the interpretative problems associated with this area and to critically evaluate the different doctrinal and case-law approaches to these problems. The individual chapters deal successively with the positive definition of the scope of the Vienna Convention, the negative definition of its scope, and finally with the possibilities for the contracting parties to influence the application of the Vienna Convention. In particular, attention is paid in this part to the definition of the terms that are central to the assessment of applicability of the Vienna Convention yet are not defined by the Vienna Convention itself. These are primarily the concepts of goods and contracts of sale contained in Article 1 of the Vienna Convention or the concepts of the substantial part of the materials necessary for production, and the preponderant part of the obligations, which are used in Article 3 of the Vienna Convention. Closer attention is also...
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Legal protection of the ozone layer
Žujová, Magdaléna ; Humlíčková, Petra (advisor) ; Snopková, Tereza (referee)
107 Summary The Ozone layer of the Earth located in the stratosphere in an altitude of 20 to 50 kilometres is the important part of the gases surrounding the planet Earth. Its purpose is to absorb UV radiation that otherwise very negatively affects life on the Earth. During the twentieth century, this ability was weakened by the emission of substances proven much later to be very dangerous in this way. Until 1987, by various chemical reactions, in particular of chlorine atoms, the ozone hole has been formed over the South Pole of the Earth, not fully healed yet. In 1985, risk to human life led using the precautionary principle to the adoption of the Vienna Convention and subsequently of its implementing protocol including specific obligations especially the control measures of the production and consumption of ozone depleting substances and of the trade with them in 1987. The protocol was later modified by amendments and adjustments. This diploma thesis describes these acts with respect to their evolution and actual state of knowledge. At European level, it shows the evolution of the European environmental law in focus on the protection of the ozone layer and on the process of incorporation of international instruments in this area of environmental law. It describes these European acts and compares the...
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International sales contract
Petráček, Vladimír ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
The purpose of my thesis is to analyse the scope of application of the UN Convention on Contracts for the International Sale of Goods ("CISG"). The reason for my research is the wide use of the CISG in international trade. Therefore, it is necessary to know exactly when the CISG is applicable. The thesis is composed of four chapters, each of them dealing with a different aspect of international sales contracts. Chapter One is introductory and defines the basic concept of regular and international sales contract in Czech law and legal literature, taking into account the upcoming recodification of the Czech Civil Code. Chapter Two examines the basic approaches of legal regulation in private international law. After a brief theoretical introduction, special attention is paid to various Czech and international legal instruments governing contracts for the international sale of goods. In Chapter Three, I explore the basic requirements for application of the CISG. Using scholarly literature as well as case law, I characterise the concepts of sales contract, goods, place of business, contracting states and party autonomy. Consideration is also given to the material scope of application of the CISG. The existence of controversial issues related to this question is shown on the topic of interest for any sum...
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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.
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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...
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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...
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Legal protection of the ozone layer
Žujová, Magdaléna ; Humlíčková, Petra (advisor) ; Snopková, Tereza (referee)
107 Summary The Ozone layer of the Earth located in the stratosphere in an altitude of 20 to 50 kilometres is the important part of the gases surrounding the planet Earth. Its purpose is to absorb UV radiation that otherwise very negatively affects life on the Earth. During the twentieth century, this ability was weakened by the emission of substances proven much later to be very dangerous in this way. Until 1987, by various chemical reactions, in particular of chlorine atoms, the ozone hole has been formed over the South Pole of the Earth, not fully healed yet. In 1985, risk to human life led using the precautionary principle to the adoption of the Vienna Convention and subsequently of its implementing protocol including specific obligations especially the control measures of the production and consumption of ozone depleting substances and of the trade with them in 1987. The protocol was later modified by amendments and adjustments. This diploma thesis describes these acts with respect to their evolution and actual state of knowledge. At European level, it shows the evolution of the European environmental law in focus on the protection of the ozone layer and on the process of incorporation of international instruments in this area of environmental law. It describes these European acts and compares the...
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International sales contract: formation of internationals sales contract under the CISG
Gavrilova, Iva ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
The topic of this thesis is the international sales contract and its formation under the United Nations Convention on Contracts for the International Sale of Goods (CISG or the Vienna Convention). The Vienna Convention is the most significant and widely used legal instrument governing the international sales contract. The aim of this thesis is to highlight interesting aspects of the contract, carry out a deeper analysis of the regulation contained in the Vienna Convention, and to point out and clarify problematic areas. The thesis is composed of two major parts, with the first part essential to the understanding of the second. The first part deals with the basic provisions of the Vienna Convention. It briefly describes its creation, then its sphere of application. Within this part the term "international sales contract" is defined and distinguished from its domestic counterpart and also from the contract for services. The term "goods" is discussed in the context of this regulation. It then deals with the consequences of freedom of contract, the issue of gaps in the regulation and their filling and the interpretation of the regulation. Finally it discusses the question of trade usages, when the CISG differentiates between the usages and practices established between the parties on the one hand and...
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