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Unilateral changes in commercial terms
Šípošová, Miroslava ; Horáček, Tomáš (advisor) ; Josková, Lucie (referee)
This Master's thesis deals with the topic of unilateral change of commercial terms and conditions. It focuses mainly on the contractual change regulated in sec. 1752 of the Civil Code which is to respond to the needs arising from the mass conclusion of business contracts. The main goal of this thesis is to evaluate the appropriateness of formulation of the provisions of sec. 1752 of the Civil Code with respect to its purpose declared in the explanatory memorandum. This thesis thus focuses on the Czech legislation and incorporates the relevant case law of the Czech courts and the Court of Justice of the European Union. In addition to the introduction and conclusion, the thesis contains two main chapters. The first chapter provides an overview of the general theoretical scope of commercial terms and conditions. It defines the concept of commercial terms and conditions, their types and divisions, the incorporation of commercial terms and conditions into contracts, including incorporation into adhesion contracts, and their possible content with emphasis on surprising arrangements and conflicts of commercial terms and conditions. The aim of this chapter is to highlight problems of interpretation and conflicts of opinions that are related to this theoretical framework. The second chapter is arranged from...
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The competence of arbitrators for deciding property disputes (from the perspective of their independence and impartiality)
Ryšavý, Lukáš ; Pohl, Tomáš (referee)
The main focus of this doctoral thesis is arbitration; the phenomenon of not only an out- of-court dispute resolution but also international commercial relations. Arbitration is a modern legal institute that is regarded as an equivalent alternative to court proceedings. Independence and impartiality of the arbitrator are very important and at the same time very problematic aspects of arbitration. These two principals accompany the arbitration since the beginning of the modern era of this institution and they are still perceived as essential criteria of the arbitration. Independent and impartial decision-makers are an integral part of the right to a fair trial enshrined in Art. 36 subsection 1 of the Charter of Fundamental Rights and Freedoms and Art. 6 subsection 1 of the European Convention on Human Rights. Although such legislation refers to the court in terms of a state court, in the course of this thesis was demonstrated that these attributes are also applicable to arbitrators, even though they must be interpreted in arbitration proceedings with respect to the characteristics of arbitration. Due to the fact that resolving disputes in this way is the most common approach in international trade, the main focus of this thesis is to depict the issues of independence and impartiality in relation of...
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The competence of arbitrators for deciding property disputes (from the perspective of their independence and impartiality)
Ryšavý, Lukáš ; Pohl, Tomáš (referee)
The main focus of this doctoral thesis is arbitration; the phenomenon of not only an out- of-court dispute resolution but also international commercial relations. Arbitration is a modern legal institute that is regarded as an equivalent alternative to court proceedings. Independence and impartiality of the arbitrator are very important and at the same time very problematic aspects of arbitration. These two principals accompany the arbitration since the beginning of the modern era of this institution and they are still perceived as essential criteria of the arbitration. Independent and impartial decision-makers are an integral part of the right to a fair trial enshrined in Art. 36 subsection 1 of the Charter of Fundamental Rights and Freedoms and Art. 6 subsection 1 of the European Convention on Human Rights. Although such legislation refers to the court in terms of a state court, in the course of this thesis was demonstrated that these attributes are also applicable to arbitrators, even though they must be interpreted in arbitration proceedings with respect to the characteristics of arbitration. Due to the fact that resolving disputes in this way is the most common approach in international trade, the main focus of this thesis is to depict the issues of independence and impartiality in relation of...
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