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Commercial terms and clauses in business transactions
Hošna, Vojtěch ; Horáček, Tomáš (advisor) ; Pelikán, Robert (referee)
Commercial terms and clauses in business transactions Abstract The master thesis is focused on the topic of commercial (standard) terms and clauses in business transactions. With respect to increased demands on the entrepreneur, the relevant provisions will be interpreted differently in the business relationship than in the case of a consumer relationship. Standard terms standardize the contracting process and reduce costs. Legislation of commercial terms remains concise but it contains some news. Significant change is the express regulation of the knock-out rule, which is used to determine the final content of a contract in the case of conflict between standard terms. Section 1752 newly contains express regulation for unilateral change of standard terms. A major novelty is specific content/formal control of standard terms which is regulated section 1753. Party is protected against the terms with which that party would scarcely have accepted had it been aware of them. Surprising terms are ineffective. The thesis is dedicated to problematic aspects, which arise in the case of contracting under standard terms. The thesis uses descriptive and comparative methods for accomplishment that goals. Firstly I will try to define the notion of commercial terms. In the second chapter are presented requirements for valid...
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Commercial Terms and Clauses in Business Transactions
Ševečková, Jelizavěta ; Horáček, Tomáš (advisor) ; Pelikán, Robert (referee)
1 Abstract Commercial Terms and Clauses in Business Transactions This diploma thesis is focused on the topic of commercial terms and clauses in business transactions. Legislation of commercial terms remains concise, but it contains some news in comparation with the previous legislation valid until January 1st 2014. A major novelty is the issue of conflicts of commercial terms (the battle of forms), the rules for unilateral change and also newly grounded content corrections in the form of surprising arrangements. This fact provides a space for professional literature to create a variety of views and answers to the questions that legal practice provides. Today, commercial terms are a common part of contracts. Using the terms greatly accelerates the contracting process and reduces the costs. Commercial clauses contained in some interpretative rules are also frequently used, mainly in the international business. The aim of this thesis is to analyse how business law experts respond the questions regarding to commercial terms and clauses. As a part of my work, I have also looked at the legislative solutions in the UN Convention on the International Sale of Goods CIGS, the Principles of international trade agreements UNIDROIT and the Principles of European contract law PECL. In the first chapter I defined the...
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Business secret in business transactions
Jakl, Jan ; Eichlerová, Kateřina (advisor) ; Rozehnal, Aleš (referee)
The main purpose in writing this work was therefore to analyze whether the trade secret belongs to assignable and transferable type of intangible asset law and whether it could be effectively protected. The author of this work has been himself asking questions: first of all what actually is trade secret? And is it possible transfer or cede it? And if it is possible is also possible to protect this intangible asset sufficiently in course of this transaction? The author came to conclusion that trade secret falls within the scope of intellectual property, same as patent, trademark, copyright, though trade secrets are more difficult to transfer and protect then other kinds of intellectual property while they are neither formalized nor well documented. And most of all they supposed to stay hidden forever. The property right in a trade secret is determined by the fact the owner protects its trade secret from disclosure to third parties. On the other hand in order for a valid transaction to take place trade secret must be first of all adequately identified. Above mentioned shall be taken into account while writing various types of contract that could be used for transferring of ceding of trade secrets i.e. license agreement, the contract on transfer of business share, contract for work, contract on lease...
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Assignment of Business Receivables under Czech and German Law
Kasl, František ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The aim of this thesis is to provide detailed analysis of selected legal aspects with practical importance of the assignment of business receivables. Particular topics are focused on problematic legal features of cession, that have so far not been sufficiently elaborated in expert literature, mainly with regards to the impacts of the recent transformation of the Czech civil law. The issues are approached as comparison between the previous law and the current law, which is in force since 1st January 2014, alongside taking account of solutions for chosen issues under German law.
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