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Default of time in business transactions and its consequences
Kucejová, Zuzana ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
Default in commercial obligations and its consequences Summary I chose the topic default in commercial obligations and its consequences because I would like to be devoted primarily in private law in my future career and I consider the deal with this topic in detail very useful. Default in commercial obligations is very common phenomenon. It can cause huge problems in the economic situation of the subjects that are within the applicability of the Commercial Code. It is necessary to govern the consequences of default to mitigate the impact of a breach of an obligation on parties of the commercial obligations and to punish the party that breaches an obligation. Also the legislation compel the parties to a contract to fulfil their obligations. The purpose of my thesis is to analyze the topic default in commercial obligations and its consequences, draw attention to some deficiency of the legal regulation and to suggest an amendment of legislation. The thesis is composed of two chapters. Chapter One deals with concept and nature of default in commercial obligations, it consists of two parts. First describes the conception of debtor in default and second conception of creditor in default. Chapter Two is concerned with the consequences of the default and it is subdivided into seven parts. Each part focuses on...
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A letter of credit contract and a collection contract
Wagnerová, Markéta ; Liška, Petr (advisor) ; Elek, Štefan (referee)
A letter of credit contract and a collection contract This final thesis is focused on two important payment instruments - the letter of credit and the collection. The aim of this thesis is to analyze the letter of credit and the collection. Its main target is to describe both payment instruments and to introduce their use in real life situations and to point out advantages and disadvantages of both instruments. Both domestic and international legal arrangements as well as expert literature and articles were used to write the thesis. As a main source was used Commercial Code and unification of trade customs by the International Chamber of Commerce. The thesis is divided in 5 chapters which furthermore divide themselves into several more subchapters. Because of the fact that contract on the letter of credit and the contract on collection are fundamental for the creation of commercial law obligation the first chapter discusses the general characteristics of commercial obligations from the point of view of the Civil Code and from the point of view of the Commercial Code. Furthermore the letter of credit and the collection are one of the many of bank contracts and these are explained in detail in the second chapter. The bank itself is a party to such contracts and that is why a lot of attention is paid in the...
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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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Commercial terms and clauses in business transactions
Hošna, Vojtěch ; Horáček, Tomáš (advisor) ; Pelikán, Robert (referee)
Commercial terms and clauses in business transactions This thesis focuses on contracting with standard commercial terms between entrepreneurs. There are higher demands on the mentioned subjects, and therefore, in these cases, the provisions of the Civil Code governing the standard commercial terms will be interpreted differently than in the case of entrepreneur - to - consumer relationships. At first I will try to define the notion itself of business obligations and standard commercial terms. The thesis prefers material understanding of the standard commercial terms. In the other parts, the thesis deals with the function and division of commercial terms. The Civil Code draws the line between standard commercial terms prepared by professional or interest organisations and other standard commercial terms. On that mentioned professionals or interest organisations do not exist any further qualitative or quantitative requirements. This type of standard commercial terms are in the privileged position as to its incorporation. To be the standard commercial terms able to became the valid part of the contract, the link on that terms has to exist. They have to be futther attached or known to the parties. These steps are described in detail. If the standard commercial terms became valid part of the contract,...
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Unjust enrichment under business law
Gejdoš, Jakub ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
The thesis is focused on the legal concept of unjust enrichment specifically in relation to the area of business law. Although the basic legal regulation relevant also for the area of business law was, and even after the adoption of the new private law codes, still remains in the civil code, the thesis endeavors to focus on certain specifics related particularly to the business relations. For these purposes it deals, in less or more detailed manner, also with other legal concepts, which are significant for the topic and closely related (such as limitation of claims resulting from the unjust enrichment, good faith of legal entities, invalidity of legal acts etc.). The thesis analyses legal acts regulating the institution of unjust enrichment for the area of private law, eventually specifically for the business relations. Especially in the areas where the legal text itself is not exhaustive, it supplies also analysis of relatively extensive case law (available so far only in respect of the previous legislation), eventually also the analysis of expert opinions. It draws attention to certain conflicts in interpretation of individual legal provisions. Considering the recent essential change of the private law basis (new private law codes) the thesis provides to a considerable extent comparison of the...
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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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A letter of credit contract and a collection contract
Wagnerová, Markéta ; Liška, Petr (advisor) ; Elek, Štefan (referee)
A letter of credit contract and a collection contract This final thesis is focused on two important payment instruments - the letter of credit and the collection. The aim of this thesis is to analyze the letter of credit and the collection. Its main target is to describe both payment instruments and to introduce their use in real life situations and to point out advantages and disadvantages of both instruments. Both domestic and international legal arrangements as well as expert literature and articles were used to write the thesis. As a main source was used Commercial Code and unification of trade customs by the International Chamber of Commerce. The thesis is divided in 5 chapters which furthermore divide themselves into several more subchapters. Because of the fact that contract on the letter of credit and the contract on collection are fundamental for the creation of commercial law obligation the first chapter discusses the general characteristics of commercial obligations from the point of view of the Civil Code and from the point of view of the Commercial Code. Furthermore the letter of credit and the collection are one of the many of bank contracts and these are explained in detail in the second chapter. The bank itself is a party to such contracts and that is why a lot of attention is paid in the...
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Default of time in business transactions and its consequences
Kucejová, Zuzana ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
Default in commercial obligations and its consequences Summary I chose the topic default in commercial obligations and its consequences because I would like to be devoted primarily in private law in my future career and I consider the deal with this topic in detail very useful. Default in commercial obligations is very common phenomenon. It can cause huge problems in the economic situation of the subjects that are within the applicability of the Commercial Code. It is necessary to govern the consequences of default to mitigate the impact of a breach of an obligation on parties of the commercial obligations and to punish the party that breaches an obligation. Also the legislation compel the parties to a contract to fulfil their obligations. The purpose of my thesis is to analyze the topic default in commercial obligations and its consequences, draw attention to some deficiency of the legal regulation and to suggest an amendment of legislation. The thesis is composed of two chapters. Chapter One deals with concept and nature of default in commercial obligations, it consists of two parts. First describes the conception of debtor in default and second conception of creditor in default. Chapter Two is concerned with the consequences of the default and it is subdivided into seven parts. Each part focuses on...
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Discharge of Obligations in Commercial Relations
Štembergová, Alena Miriam ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
First part discusses discharge of obligations by performance. Second part discusses discharge of obligations by other ways - agreement of contractors, withdrawal from a contract, frustration of the purpouse of a contract, compensation for withdrawal, subsequent impossibility of performance, not claiming the rights, termination, set-off of claims, settlement with creditor, merge of creditor and debitor, death of creditor or debitor. The text contains many examples of commercial praxis.
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