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Real Estate and Related Judicature
Dvořák, Miroslav ; Valdhans,, Jiří (referee) ; Telec, Ivo (advisor)
The thesis maps the decision-making practice of courts in real estate cases and related areas. Judicial decisions are organized in logical parts and there was an effort to provide an overall and comprehensive overview of the opinions held by courts on the individual legal questions arising in real estate cases and thus define the most frequent causes of the disputes and their subject-matters. Explicated in the light of the decisions rendered by the Supreme Court of the Czech Republic and the Supreme Administrative Court of the Czech Republic, or even the findings of the Constitutional Court of the Czech Republic, are judiciary’s attitudes to the basic principles of real estate agency and real estate activity in general, as well as to relating legal questions, with special regard to the contracts usually entered into in real estate practice, primarily agency contracts and mediated contracts. So far, case-law of this kind has not been comprehensively studied, despite the fact that there still are uncertainties regarding both the real estate legislation and the approach to resolution of real estate cases, as well as ensuing typical contractual obligational relations between parties on the real estate market. This is also the reason why this particular topic was chosen for the thesis. Based on the coverage and a thorough analysis of the judicial decisions at issue a conclusion is made that decision-making practice has already stabilized in some real estate areas and these decisions are used as basis in future cases. Nevertheless, there still are some legal questions which have not yet been tackled by courts or conflicting judicial decisions, which may even be rendered in the most essential and fundamental issues of real estate activity. This is partly due to the fact that the real estate market is still a relatively young business field and partly due to missing or inadequate legislation which is to provide for real estate activity, including real estate agency.
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Agency Contract
Leitmančík, Ondřej ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
This thesis discusses the legal regulation of an agency contract according to the Act no. 89/2012 Coll., The Civil Code, with the focus on the comparison of the changes between the legislative frame of the agency contract contained in the Act no. 513/1991 Coll., The Commercial Code, and the legislative frame of the agency contract contained in the Act no. 89/2012 Coll., The Civil Code. Although the main focus of the thesis lies in description and analysis of the changes, the thesis also examines the practical use of the agency contract, when discussing so called švarcsystém among other things. The aim of the thesis is to describe the changes made by Law no. 89/2012 Coll., The Civil Code, which were explained by Explanatory Memorandum to the Act. No. 89/2012 Coll., The Civil Code, and then highlight those changes that this explanatory memorandum did not mention. The thesis is divided into five chapters, whereas the first four chapters describe the changes and any problems that may arise. The final, fifth, chapter labeled as "Additional information relating to the agency contract", differs from the other chapters in that it does not describe the changes in the legal framework but is devoted to practical problems of the use of the agency contract, which according to the author of this work should also...
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Agency Contract
Leitmančík, Ondřej ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
This thesis discusses the legal regulation of an agency contract according to the Act no. 89/2012 Coll., The Civil Code, with the focus on the general description of the terms and institutes of agency contract. The work is divided into five chapters, the main objective of this paper is to describe the basic definition of an agency contract. The first chapter described and analyzed the basic characteristics of an agency contract, especially the agent himself, the long-term perception of the agency contract, the definition of the term certain types of transactions, and we have discussed a exclusive and non-exclusive agency contract. The second chapter is focused on the rights and obligations of the parties of the agency contract with a closer focus on the issue of commissions. In chapters 3, 4 and 5, we discussed termination of agency contract, anticompetitive clause and we also mentioned Švarcsystem. Some chapters are for clarity divided into subchapters and the names of the subchapters signify the topic that subchapter is dedicated to. The thesis also refers to the commentary literature and case law relating to legal framework contained in the Act no. 513/1991 Coll., The Commercial Code. In the end the conclusion is drawn about whether the stated objectives have been achieved. Title: Agency Contract...
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Agency Contract
Leitmančík, Ondřej ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
This thesis discusses the legal regulation of an agency contract according to the Act no. 89/2012 Coll., The Civil Code, with the focus on the comparison of the changes between the legislative frame of the agency contract contained in the Act no. 513/1991 Coll., The Commercial Code, and the legislative frame of the agency contract contained in the Act no. 89/2012 Coll., The Civil Code. Although the main focus of the thesis lies in description and analysis of the changes, the thesis also examines the practical use of the agency contract, when discussing so called švarcsystém among other things. The aim of the thesis is to describe the changes made by Law no. 89/2012 Coll., The Civil Code, which were explained by Explanatory Memorandum to the Act. No. 89/2012 Coll., The Civil Code, and then highlight those changes that this explanatory memorandum did not mention. The thesis is divided into five chapters, whereas the first four chapters describe the changes and any problems that may arise. The final, fifth, chapter labeled as "Additional information relating to the agency contract", differs from the other chapters in that it does not describe the changes in the legal framework but is devoted to practical problems of the use of the agency contract, which according to the author of this work should also...
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Legal risks of services provided by real estate agencies to the consumers
Krpec, Petr ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
This thesis deals with legal relations existing between real estate agencies and its clients. Main objective of thesis lies on analyzing of possible legal risks based on using agent services of real estate agencies. Such risks are not only described but thesis tries to find out its sources and practical impacts. Author works with large amount of particular examples of agreement which are actually used in practise.
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Discount portals
BAGOVÁ, Veronika
The bachelor thesis is about discount portals, in particular about legal relations between the relevant contract parties. The aim of this work is therefore to describe and analyse these relations. In the first part the work speaks about discount portals in general what they are and how they work from the consumer perspective. The thesis also deals with consumer law, especially with sales contract, agency contract and how the distance contracts are concluded. The second part of this work is practical research. The research is based on my own experience with the discount portals and the comparison of the commercial terms and conditions concerning the three most popular discount portals in the Czech Republic.
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Real Estate and Related Judicature
Dvořák, Miroslav ; Valdhans,, Jiří (referee) ; Telec, Ivo (advisor)
The thesis maps the decision-making practice of courts in real estate cases and related areas. Judicial decisions are organized in logical parts and there was an effort to provide an overall and comprehensive overview of the opinions held by courts on the individual legal questions arising in real estate cases and thus define the most frequent causes of the disputes and their subject-matters. Explicated in the light of the decisions rendered by the Supreme Court of the Czech Republic and the Supreme Administrative Court of the Czech Republic, or even the findings of the Constitutional Court of the Czech Republic, are judiciary’s attitudes to the basic principles of real estate agency and real estate activity in general, as well as to relating legal questions, with special regard to the contracts usually entered into in real estate practice, primarily agency contracts and mediated contracts. So far, case-law of this kind has not been comprehensively studied, despite the fact that there still are uncertainties regarding both the real estate legislation and the approach to resolution of real estate cases, as well as ensuing typical contractual obligational relations between parties on the real estate market. This is also the reason why this particular topic was chosen for the thesis. Based on the coverage and a thorough analysis of the judicial decisions at issue a conclusion is made that decision-making practice has already stabilized in some real estate areas and these decisions are used as basis in future cases. Nevertheless, there still are some legal questions which have not yet been tackled by courts or conflicting judicial decisions, which may even be rendered in the most essential and fundamental issues of real estate activity. This is partly due to the fact that the real estate market is still a relatively young business field and partly due to missing or inadequate legislation which is to provide for real estate activity, including real estate agency.
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