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Contractual Relations in Construction
Hanák, Michal ; Zobač, Zdeněk (referee) ; Waldhans, Miloš (advisor)
Bachelor thesis is prepared on the theme of contractual relationships in construction. In the first part will focus on the characteristics of the legal definition, basic concepts of law and rules and sources of business law. Furthermore, in the first part will focus on contract for work and purchase agreement by the Commercial Code and by the Civil Code. In the second section covers two specific firms that characterize and then compare. In this section will also analyze specific contracts, which then will also be evaluated. In the second part is also made proposal how should look a contract for work.
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Internationalization tendencies in obligation law with a focus on contract law
Svoboda, Martin ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
Internationalization tendencies in obligation law with a focus on contract law Abstract This thesis deals with the harmonisation and unification of the law of obligations, mainly contract law at international, European as well as at national level. Emphasis is placed on the historical context, the current regulation at all three levels and the identification of individual problems. The first part of this thesis is devoted to a general introduction of the topic. It is divided into four parts, first explaining the concept of internationalisation in general and then introducing the different kinds. The first chapter introduces the concept of private international law, including European private international law. The second chapter is devoted to legal unification and harmonization at the international level. The third chapter deals with the Europeanization of the law of obligations, and the fourth and final chapter outlines the issue of comparative jurisprudence. The second part is devoted to the need and feasibility of legal unification, again both at the international and European levels. This part discusses the various individual problems, such as the ways of implementation, and the problems posed by efforts to harmonise legal systems and unify the regulation of contract law. The individual problems are...
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A comparative view on conflict of laws in contractual relationships
Chvosta, Luděk ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Poláček, Bohumil (referee)
The dissertation, while incorporating and building upon previous work of the author, aims to analyze in greater detail (both from an historic perspective and from a viewpoint of current trends and associated theories) the ever-repeating discrepancy between choice- of-law regulation of contractual relationships in the Czech Republic (or the European Union) on the one hand and the Common Law legal culture (especially the United States) on the other. Recent scholarly articles are also critiqued. The following major Common Law related tenants are extrapolated from a relatively extensive background of materials: (i) Conflict of Laws in the United States constitutes an interstate system as opposed to an international system utilized by European law. Duet he federal structure of the United States and the volume of interstate trade (trade between the various states of the United States) American Conflict of Laws retains a domestic character, (ii) Conflict of Laws is not governed on a federal level and the Supreme Court of the United States has repeatedly ruled that when a federal Choice of Law clause is warranted the state-level counterpart shall be used instead analogously, (iii) due to the aforementioned domestic characteristics and case law of the Supreme Court of the United States American Conflict of...
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Contractual Relations in Construction
Hanák, Michal ; Zobač, Zdeněk (referee) ; Waldhans, Miloš (advisor)
Bachelor thesis is prepared on the theme of contractual relationships in construction. In the first part will focus on the characteristics of the legal definition, basic concepts of law and rules and sources of business law. Furthermore, in the first part will focus on contract for work and purchase agreement by the Commercial Code and by the Civil Code. In the second section covers two specific firms that characterize and then compare. In this section will also analyze specific contracts, which then will also be evaluated. In the second part is also made proposal how should look a contract for work.
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Innominate Contracts in Business Relations
Horčicová, Iva ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
Diploma thesis Innominate Contracts in Business Relations deals with a legal basis of innominate contracts in the Czech private law. It focuses mainly on so the called Modern innominate contracts. The purpose of the thesis was to answer whether leasing, factoring and franchising contracts should be codified. Consequently, it aimed to prove or disprove that the Czech legal regulation does not reflect the recent developments in business environment. The thesis is divided into two parts. In the first chapter an analysis is carried out on the legal regulation of innominate contracts in the Czech business law, civil law, labour law and international private law. The legality of innominate contracts and the applicability of an analogy is discussed in this part. Based on the Czech legal regulations and court decisions it was concluded that innominate contracts were valid and that courts may use analogy when deciding on civil or commercial contracts. The second chapter deals with the contents of leasing, factoring and franchising contracts. It concludes that there are reasons against the codification of the above mentioned contracts. The content of an operating leasing agreement very much resembles a rental contract which might be used for this kind of leasing contract.A leasing purchase contract does not present any new answers to issues which had already been dealt with by court decisions. The substance of a factoring contract -- assignment of a receivable is already regulated by the Civil Code. A franchising agreement involves parts of many types of codified contracts and interlocks with multiple legal areas. Moreover, all the above mentioned contracts are challenged by a fast pace of development therefore a codification could hamper the progress or it could become obsolete. Based on the above mentioned facts the thesis concludes that leasing, factoring and franchising contracts should not be codified in the Czech private law as separate contract types and therefore disproves the primary proposition of this thesis and subsequently infers that the Czech legal regulations do not reflect a recent business development.
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Treaty reinsurance of truck transport
Čížek, Ondřej ; Švarc, Zbyněk (advisor) ; Žák, Květoslav (referee)
The Bachelor thesis is dealing with the truck transport, more accurately with its legal regulation in Czech republic. Main area of interest is the domestic truck transport. For an elaboration of international truck transport would be another bachelor thesis needed. By the domestic truck transport deals the thesis above all with the description and evaluation of the legal regulation of this question in Czech republic. Within this description was neccessary to mention the contract of a transport of an article, to which is given one whole chapter. The evaluation, which is with one exception generally positive, contains the ending of thesis.
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Business Law of the People's Republic of China
Kacíř, Pavel ; Boháček, Martin (advisor) ; Švarc, Zbyněk (referee)
The main objective of this thesis is to map present system of business law in China, identify key factors, that formed and determine its present shape and compare theoretic form with reality, so that this thesis may become a basis for further exploring and studying of Chinese system of business law. The thesis is divided into four sections. Topic of the first section are sources of business law, their hierarchy and scope. Second part describes various types of business entities and their legal forms. Third part describes current state of contract law, while the fourth part studies various means of solving commercial disputes. Scope of this thesis does not cover business law in Taiwan and special administrative regions of Hong-Kong and Macau.
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Comparison of contract law institutes - consideration and cause
Šebeková, Veronika ; Boháček, Martin (advisor) ; Švarc, Zbyněk (referee)
This master thesis focuses on a comparison of two contract law institutes -- consideration and cause. While the former is an Anglo-American legal concept, the later is of civil law origin. The goals of this comparative study are as follows: 1. to analyze consideration and cause with the emphasis on the problematic aspects; 2. to compare the institutes with regard to their function in contracts formation; 3. to assess their reasonableness and consider alternative solutions which could better comply with the requirements of modern contract law. The structure of the paper corresponds to the above-mentioned aims.
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