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National Repository of Grey Literature 2 records found  Search took 0.00 seconds. 
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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Consensus and commercial terms: theoretical and comparative analysis
 Kočer, Jan ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
Consensus and commercial terms: theoretical and comparative analysis This final thesis deals with the topic of the battle of the forms using the theoretical apparatus of rules governing the formation of contract. The problem is modeled (and therefore limited) for the case of formation of contract for the sale of goods concluded between merchants when each of them uses his/her own commercial (standard) terms. Another limitation of the thesis is connected with the use of classical contractual paradigm which is based on the continuity of offer and acceptance in the process of contracting. The key element of contract is found in consensus, therefore it is consensus which is analyzed in connection with extensiveness of terms, about which the minds have to meet in order to form the contract, and also in connection with the content of already formed contract. The final thesis has two objectives. First, it is to verify on theoretical level that no matter what principle in the process of formation of contract is used (whether mirror-image rule or not) both law professionals and legal theory are forced to find solutions which are in accordance with the principle of economic analysis of contract. Second, it is to analyze solutions on the formation and content of contract which were adopted by Czech...
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