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Precontractual liability in obligations with an international element
Černá, Kristýna ; Bříza, Petr (advisor) ; Brodec, Jan (referee)
Precontractual liability in obligations with an international element Abstract The thesis deals with the issue of precontractual liability in contractual relations with an international element. The focus is mainly on an analysis of the approach of selected foreign legal systems, namely Germany, the United Kingdom, the United States of America and Ukraine, but also on unification efforts aimed at bridging the differences between the individual national regulations. Precontractual liability is a very complex legal institution. While Czech law is relatively detailed in this respect and no major problems arise, the application of culpa in contrahendo in international trade practice still raises more questions than answers. The application of the concept in the international environment is problematic mainly due to the different conceptions of culpa in contrahendo in individual countries. Most striking is the difference between the approach taken by continental and common-law legal systems, respectively. Common law, which does not recognize precontractual liability as a legal institution at all, works with the doctrine of promissory estoppel, which in some situations is able to replace the missing institution of culpa in contrahendo. Of course, the conflict-of-laws rules on precontractual liability also differ,...
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The institute of acquisitive prescription - selected perspectives (a comparison of Czech and German legal regulation and ideational aspects)
Ragužová, Nicole ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Zusammenfassung Diese Diplomarbeit behandelt das traditionelle römischrechtliche Institut der Ersitzung und dessen heutige Regelung im tschechischen und deutschen Recht. Der Schwerpunkt liegt in den unterschiedlichen ideologischen Auffassungen beider Regelungen desselben Rechtsinstituts und dessen Wurzeln im römischen Recht. Für die tschechische Rechtsregelung und Rechtswissenschaft bildet das gültige österreichische bürgerliche Gesetzbuch ABGB, das bis zum Jahre 1950 der tschechoslowakische Zivilkodex war, die wichtigste Inspirationsquelle. Deswegen wird auch dem österreichischen ABGB beträchtlicher Raum gegeben. Das Hauptziel dieser Arbeit ist der Vergleich der unterschiedlichen Wertungsauffassungen in der deutschen und tschechischen Rechtswissenschaft, die die Voraussetzungen und Rechtsfolgen der Ersitzung auf vielen Ebenen beeinflussen. Im Interessenmittelpunkt stehen Streitfragen der Ersitzung und der Vergleich von deren Lösungen in beiden Rechtsordnungen unter Berücksichtigung sowohl der tschechischen Zivilistik der ersten Republik als auch der römischrechtlichen Zivilistik. Systematisch werden in der Arbeit die Regelungen der Ersitzung im römischen, deutschen und tschechischen Recht getrennt behandelt. Der erste Teil der Arbeit fasst die römischrechtliche Regelung zusammen, die in den folgenden...
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Unjust Enrichment under English and Czech Law
Škvareková, Gabriela ; Elischer, David (advisor) ; Dvořák, Jan (referee)
1 ABSTRACT UNJUST ENRICHMENT UNDER ENGLISH AND CZECH LAW The topic of presented thesis is "Unjust Enrichment under English and Czech Law". It aims to provide a comprehensive analysis and comparison of legal rules governing unjust enrichment in English and Czech law. The thesis is systematically divided into four principal chapters which are further subdivided. The first chapter presents an introduction to unjust enrichment. It provides a brief historical overview and a description of legal nature of unjust enrichment. It also aims to bring a basic comparison of the common law system and the civil law system to which English law and Czech law belong. Unjust enrichment on the European level is analysed in the second chapter. Two chosen soft law instruments of the European private law are presented here, namely Draft Common Frame of Reference and Principles of European Law of Unjust Enrichment, which set forth non-binding rules for the functioning of unjust enrichment. The third chapter is focused on the English law of unjust enrichment. It primarily brings the analysis of the requirements of unjust enrichment under English law. These requirements, which are based on the case law of the English courts, are as follows: (1) benefit, (2) at the claimant's expense, (3) unjust factor, and (4) lack of defence....
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A comparison of pre-contractual liability in Czech and Common Law
Nováková, Tereza ; Horáček, Vít (advisor) ; Liška, Petr (referee)
The purpose of my thesis is to consider the importance of culpa in contrahendo which does not have a long tradition in the Czech law. However, since the 1 January 2014 it has become enshrined the Czech legal system. The instrument of culpa in contrahendo is connected with the need to protect the good faith of the parties to a contract which is an essential principle of modern contract law, particularly in continental legal systems. Despite the lack of the general duty to act in good faith while negotiating contracts in common law systems, we can see that English or American judges solve the practical problems resulting from dishonesty of one party to the contract through equitable principles such as misrepresentation or promissory estoppel. The importance of protecting good faith is visible even from international contract law documents that are important for the interpretation of national law. Chapter One contains the explanation of culpa in contrahendo as a practical instrument and I distinguish it from pre-contractual liability in the anglo-american legal systems. Despite the differences of the continental and common law systems of law, I consider, on the basis of the laws and court decision analysis, whether the Czech courts, in deciding the pre-contractual liability cases, are getting closer...
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Main Principles and Elements of Roman Procedural Law
Škeříková, Jana ; Skřejpek, Michal (advisor) ; Blaho, Peter (referee) ; Židlická, Michaela (referee)
My doctoral thesis is focused on the main principles and elements of Roman procedural law. However, during my research I realised the terms are very similar. One of the main points of my thesis is dedicated to the constitutional system of Roman republic and its norms, including the very important law codex, the Twelve Tables Law. Moreover, I take the Justinian Codification of Roman law into focus. A very important source is also antique literature, texts of prominent lawyers and various types of administrative acts. A vast inspiration can be found in many European museums. The main principles and elements are applicable to actions, defendants and plaintiffs, to judicial hearing and to the days when judicial hearings could be held. I focus on principle of equity, good faith, and necessity of defense, res judicata, principle of appellation, pecuniary condemnation, and principle of assessment of evidence. The last chapter reviews other principles. It is also important to mention that different types of procedural cases are specific in their own way. I focused on describing the differences as well. My thesis analyzes seven most important principles. The first and the most important one is equity. My research shows that this principle is common to all areas of roman procedural law. I tried to explain...
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Acquisition of property from unauthorized person
Ježek, Jakub ; Zvára, Michael (advisor) ; Salač, Josef (referee)
Acquisition of property from unauthorized person Abstract Acquisition of property from unauthorized person, the subject of the thesis, represents an original way of acquiring property rights and breakthrough to the civil law principle nemo plus iuris ad alium transfere potest quam ipse habet - no one can transfer more rights to another than they have themselves (nemo dat rule). The Civil Code allows for the right of ownership to pass to a bona fide transferee under certain conditions, even if from a person who lacked the appropriate authorization to transfer. The legislator thus takes into account, in particular, the protection of good faith as a general principle of law and the fact that, in the case of items not registered in public registers, it is not possible to establish reliably who is the owner. This thesis focuses on the acquisition of ownership rights from unauthorized person to movable property, the aim is to provide a general interpretation of the mentioned institute, to analyze the Civil Code regulation in relation to it and to compare it with foreign legislation. The thesis is divided into four parts, the first of which is devoted to the interpretation of the basic knowledge of civil law doctrine in relation to the subject, the inclusion of the institute in the system of property rights as a...
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Pledge of a thing of another person according to § 1343 CC
Mališová, Tereza ; Zvára, Michael (referee)
Pledge of a Thing of Another Person According to § 1343 CC Abstract This rigorosum thesis deals with the institute of Pledge of a Thing of Another Person According to § 1343 CC. Eventhough it is not an institute which is new in our legal system, there are still many questions connected to it. Due to the fact that in case that anybody wants to exhaustively grasp any institute, it is necessary to know the historical background of such intitute, the first chapter of this thesis focuses on the historical genesis of the pledge of a thing of another person. This is followed by a chapter in which a comparison of the provisions governing the acquisition of ownership and pledge from unauthorized person is made. Although property rights and pledge are both absolute property rights, the Czech legislator was not inspired by foreign legislation, such as Polish legislation, and did not refer to the analogous application of the provision of acquisition of ownership from an unauthorized person in case of a pledge. On the contrary, for the acquisition of both rights from unauthorized person, the legislator placed explicit legal regulation. However, this has created a situation in which we assess differently very similar circumstances just depending on whether an ownership or a pledge is acquired from an unathorized person....
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Good Faith in private obligations
Baier, Jaroslav ; Hendrychová, Michaela (advisor) ; Elischer, David (referee)
in English, key words Title: Good Faith in private obligations Abstract: In this thesis, the importance of the "good faith" in Czech private law and its role after recodification of Czech private law is being studied. The thesis is divided into three key parts. In the first two parts part, we deal with good faith as an open texture, consider the question whether it is a legal principle or not and in the third part, we study the relationship of good faith to selected institutes of Czech private law. The Civil Code significantly reinforces the role of open textures in order to allow for flexibility in an application of a legal norm, and good faith plays an important role in this context. Furthermore, we deal with two aspects of good faith, in the objective and subjective sense. Whilst many academicians see good faith in an objective sense as a standard of conduct in the framework of which everyone must exercise their rights and duties, good faith in its subjective sense is understood by some of the academicians as a state of mind that is endowed with legal protection. In this thesis, we present our view in the sense that we consider good faith as a combination of the two approaches outlined above. We draw this conclusion on the argument that in order to assess whether a person is in good faith or...
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Acquisition of the property right from an unauthorized person
Cmíralová, Natálie ; Lederer, Vít (referee)
The diploma thesis deals with the topic of acquisition of the property right from an unauthorized person, representing an exception to the Roman law principle nemo plus iuris ad alium transferre potest quam ipse habet, which means that no one can transfer more rights to another than he or she has. Acquisition of the property right from an authorized person represents one of the original ways of acquiring the property right, which significantly infringes on constitutionally guaranteed property right. For this reason, it is necessary to subject the legal regulation of acquisition of the property right from an unauthorized person to closer and critical examination and to assessment whether it complies with European standards of legal regulation of acquisition of the property right from an unauthorized person and whether it satisfies the reproaches aimed at previous legal regulation of acquisition of the property right from an unauthorized person, all after nearly six years after the recodification of private law in the Czech Republic. The diploma thesis in its five chapters presents to the reader a presentation of the nature of rights in rem and property right, historical grounds of the acquisition of the property right from an unauthorized person, a thorough analysis of current Czech legal...
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Acquisition of real estate from unlawful possessor comparison of Czech and German legal regulation
Vondrášek, Igor ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
v anglickém jazyce The topic of the thesis is the institute of acquisition of a real estate from a non-entitled person which breaks the traditional principle of Roman law nemo plus iuris ad alium transferre potest quam ipse habet (one cannot transfer to another more rights than they have). The thesis describes, analyses and evaluates particular conditions for acquisition of ownership rights and other rights in rem over a real estate from a non-entitled person, as set out in the Czech and German legal system. The possibility to acquire a real estate from a non-entitled person which is closely connected with the principle of material publicity (public faith) was relegislated as a part of the domestic recodification of private law. The socialist as well as the post-revolutionary law rejected the possibility of a bona fide acquisition of a real estate from a non-entitled person very strictly. However, the recent strengthening of the material publicity of public registers brought a number of ambiguities. Although we cannot foresee the future trends in decision- making practice of the domestic courts in relation to the acquisition of a real estate from a non- entitled person, the German legislation could outline possible solutions of some domestic interpretation problems. After all, the principle of...
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