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Trade usages
Křenek, Jakub ; Pelikán, Robert (advisor) ; Eichlerová, Kateřina (referee)
Trade usages Abstract This thesis deals with trade usages in Czech law. The main focus of the work is the decisions of the highest court system, regional and high courts, and the general question of trade usages in Czech legal science. The introduction defines the issue and points to the limits of the work, which are numerous, given the multidimensional nature of the problem under study and the relatively limited possibilities of legal science to respond adequatelly to all of them. The first part of the thesis defines the notion of trade usages from the perspective of Czech law and international trade law, defines trade usages in relation to similar institutions and further develops the position of custom in the Czech legal system. The second part discusses the issue of case law and its binding force - how the unifying function of the Supreme Court works, the binding force of the Constitutional Court's rulings, how the case law on trade practices works in the individual articles of the supreme court system, and the influence of the European Convention of Human Rights on the quality of judicial decision-making and the manner of publication and correct using of case law in general. The third part discusses the history of trade usages in the Czech legal system, through the legal order of the Austrian monarchy...
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Liability for defects of work
Doležal, Tomáš ; Plíva, Stanislav (advisor) ; Štenglová, Ivanka (referee)
1 Abstract The presented thesis deals with liability for defects in work in business obligations. It analyzes the effective legislation which is primarily contained in the Commercial Code and points out some problems arising from the interpretation of the law. It further summarizes the numerous and relatively constant judicature of the Supreme Court of the Czech Republic and legal opinions of several commercional lawyers. The author of the thesis tries to assess the conclusions of the judicature and legal doctrine. In some cases, he presents his own suggestions to solve the shortcomings of the current legislation. These proposals are based on his own legal reasoning. During the creation of the Commercial Code, the legislature had been inspired by the Economic Code and the International Trade Code, the immediate predecessors of the Commercial Code, and by United Nations Convention on Contracts for the International Sale of Goods. For this reason the legislation contained in these sources of law is mentioned particularly when the legislation departs from the current legislation of the Commercial Code. The future development of the legislation is also presumed. The thesis deals with the draft of the new Civil Code and focuses on the draft's solutions of several selected issues (issue of performance of...
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Unjust enrichment under business law
Jančařík, Ondřej ; Horáček, Vít (advisor) ; Čech, Petr (referee)
1 Abstract This thesis deals with the institute of unjust enrichment extending to commercial law. It is focused on specific aspects of existence of this institute in commercial law. Particularly it means an issue of the limitation of unjust enrichment claims in business relationships as well as other special elements of unjust enrichment in commercial law regulations such as the question of repayment of the performance caused by the withdrawal, the protection of the company name claims and protection against unfair competition, rights of industrial property and bill of exchange and cheques enrichment. Although the work is primarily based on existing legislation, it is not limited to the examination of the issue from the perspective of re-codification of private law. The thesis analyzes the various provisions of the relevant commercial law regulations whose interpretation is in theory and practice greatly divided, and with their detailed analysis using initially established theoretical basis, trying to make their own suggestions.
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Banking contracts
Jindrová, Andrea ; Liška, Petr (advisor) ; Elek, Štefan (referee)
This diploma thesis deals with the topic of banking contracts. Banking contracts can be specified as contracts typically closed by the bank, along its business activity. The aim of this thesis is an analysis of an effective legal regulation of banking contracts. As from the point of common features of banking contracts, then also from the point of view of individual contract types. Although the diploma thesis is elaborated based on effective legal regulation of the Act No. 89/2012 Coll., the Civil code. The author tries, within the frame of each section, bring attention to the most important changes in comparison with the present legal regulation. The thesis is divided into two parts. The first one is dealing with common characteristic of banking contracts. The author defines the idea of bank contracts, summarizes relevant legal regulations and defines contracting parties. Intensified attention is given to a bank as to a typical subject, closing banking contracts on the side of the service provider on one side and to a consumer as a receiver of these services, based on his better protection on the other side. At the first section, the author also analyses contracts of adhesion. Because banking contracts very often obtain forms of the general and the blank contracts, the essay on these types of...
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Unjust enrichment under business law
Jančařík, Ondřej ; Horáček, Vít (advisor) ; Čech, Petr (referee)
1 Abstract This thesis deals with the institute of unjust enrichment extending to commercial law. It is focused on specific aspects of existence of this institute in commercial law. Particularly it means an issue of the limitation of unjust enrichment claims in business relationships as well as other special elements of unjust enrichment in commercial law regulations such as the question of repayment of the performance caused by the withdrawal, the protection of the company name claims and protection against unfair competition, rights of industrial property and bill of exchange and cheques enrichment. Although the work is primarily based on existing legislation, it is not limited to the examination of the issue from the perspective of re-codification of private law. The thesis analyzes the various provisions of the relevant commercial law regulations whose interpretation is in theory and practice greatly divided, and with their detailed analysis using initially established theoretical basis, trying to make their own suggestions.
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Liability for defects of work
Doležal, Tomáš ; Plíva, Stanislav (advisor) ; Štenglová, Ivanka (referee)
1 Abstract The presented thesis deals with liability for defects in work in business obligations. It analyzes the effective legislation which is primarily contained in the Commercial Code and points out some problems arising from the interpretation of the law. It further summarizes the numerous and relatively constant judicature of the Supreme Court of the Czech Republic and legal opinions of several commercional lawyers. The author of the thesis tries to assess the conclusions of the judicature and legal doctrine. In some cases, he presents his own suggestions to solve the shortcomings of the current legislation. These proposals are based on his own legal reasoning. During the creation of the Commercial Code, the legislature had been inspired by the Economic Code and the International Trade Code, the immediate predecessors of the Commercial Code, and by United Nations Convention on Contracts for the International Sale of Goods. For this reason the legislation contained in these sources of law is mentioned particularly when the legislation departs from the current legislation of the Commercial Code. The future development of the legislation is also presumed. The thesis deals with the draft of the new Civil Code and focuses on the draft's solutions of several selected issues (issue of performance of...
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Legal regulation of comparative advertising: Study 5.326
Babka, Tomáš
Práce přináší rozbor právní úpravy institutu srovnávací reklamy v České republice a na evropské úrovni. K přímému zakotvení institutu srovnávací reklamy, jakožto zvláštní skutkové podstaty nekalé soutěže, do českého práva došlo až v roce 2000, v důsledku toho bylo po celá devadesátá léta nakládáno se všemi případy srovnávací reklamy jako se zakázanými nekalosoutěžními praktikami. Téměř jakékoliv reklamní srovnání s konkurujícím subjektem, respektive s vlastnostmi jeho výrobku či služby, tak bylo před rokem 2000 soudy takřka automaticky shledáváno jako porušení dobrých mravů soutěže. Právě oblast klamavé a srovnávací reklamy je totiž předmětem regulace na úrovni Evropské unie a jednotlivá ustanovení tzv. harmonizačních směrnic EU se tak prostřednictvím transpozičních předpisů promítají do národního práva.
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Public interest in commercial law - contradictio in adiecto? Or: Ouroboros on the march
Havel, Bohumil
The text concentrates on the vague concepts in private law, if their content is determined ex post by judicial (public) power and if they can interfere with legitimate expectations of private individuals. The premise is that the content of public interest is unknown and yet it may result e.g. in contract invalidity. The author takes into account also the risk of comparison, or path dependence, in civil law recodification.
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