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International contract of sale: Obligations of the seller
Horák, Martin ; Pauknerová, Monika (advisor) ; Bříza, Petr (referee)
The thesis deals with the regulation of the seller's obligations in the Vienna Convention on Contracts for the International Sale of Goods. The Vienna Convention was adopted by the United Nations in 1980 and has since been ratified by 95 countries from around the world. It contains a unified substantive regulation of an international sales contract, which is the basic contractual type of international trade. With its content and popularity, the Vienna Convention represents the most important unification act in the field of international trade. The thesis aims to describe and analyse the regulation of the seller's obligations, which forms the central part of the Vienna Convention. The basic principle of the Vienna Convention is uniform interpretation, which ensures that it will be applied in the same way by courts and arbitral tribunals around the world. The thesis focuses on the identification of this unified regime and does so by analysing and comparing Czech and foreign literature and case law. The thesis is divided into three parts. The first chapter deals with the general characteristics of the Vienna Convention. The historical genesis of the Vienna Convention and the unification of international trade law are analysed. Furthermore, the substantive regulation and its relationship to the...
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International contract of sale
Matějka, Tomáš ; Pauknerová, Monika (advisor) ; Bříza, Petr (referee)
International Contract of Sale Abstract The international contract of sale is the basic instrument through which international trade takes place. However, due to its international nature, there is a lot of uncertainty associated with concluding and fulfilling obligations under an international contract of sale. This uncertainty may arise particularly from the fact that the parties to an international contract of sale do not know which law is to govern the agreement and which law will therefore be applicable to it. This thesis deals with the issues of the applicable law of the international contract of sale. Firstly, attention is paid to the general methods according to which the applicable law for the international contract of sale is determined. These are the collision method and the direct method. Subsequently, the sources of law that are important in terms of these methods in the environment of the Czech Republic are analyzed. The main part of the thesis is devoted to the collision legislation contained in the Rome I Regulation, which is the most important source of law that regulates this issue within the European Union. Relevant international conventions concluded between the Czech Republic and some third countries as well as the Private International Law Act are also analyzed. From the sources of law,...
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The Conclusion of a Contract under the United Nations Convention on Contracts for the International Sale of Goods in Comparison with Czech National Legislation
Krčálová, Kristýna ; Boháček, Martin (advisor) ; Levý, Jan (referee)
This Master's thesis focuses on the United Nations Convention on Contracts for the International Sale of Goods (CISG), better known as the Vienna Convention. The main purpose of this thesis is to evaluate conditions for application of this international treaty and to assess the contracting process under the CISG including the similarities and differences with the Czech national legislation. Finally, it seeks an answer to the question, which of these rules (international or national) are more advantageous for a Czech contractual party with respect to concluding a contract. The thesis is divided into five parts. The first one represents an introduction to the CISG, its origin and the Czech Republic's attitude to it. The second part identifies the conditions for application of the CISG and therefore defines a subject and an object of an international contract of sale under the CISG. Both third and fourth parts gradually introduce two phases of the contracting process (offer and acceptance) including the relevant case-law. The last chapter strives to complete the contracting process with an analysis of the exact moment, when a contract is concluded, as well as with an analysis of a potential battle of the forms and its impact on a contract conclusion.
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