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The application of legal standards in materials engineering
Večeřa, Petr ; Pantělejev, Libor (referee) ; Pavloušková, Zina (advisor)
The thesis describes points where the basic universal prescriptive system of law interferes with the questions of materials engineering. The main part of the thesis concerns legal liabilities, mainly civil liability represented with liability for defects. Basic analysis of chosen topics concerning liability for defects is done, defects are divided into groups as far as both technical and legal point of view is concerned. Consequently, the most common methods, principles and tests used for recognition and assessment of materials characteristics, both destructive and non-destructive, are described. Chapter, which deals with degradation processes follows. Integral part of the thesis are thoughts of possible types of legal liabilities, which could be important for materials engineers, with basic recommendations for contracting, as well as chosen problems connected with judicial proceedings and out of court settling of disputes. Technical standards are described with high attention, because both technical and legal public is not familiar with the legal background of technical normalisation.
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Boilerplate contracts made by an entrepreneur
Iskendri, Fasih ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Boilerplate contracts made by an entrepreneur Abstract Boilerplate contracts or contracts of adhesion, as a distinctive category of contracts, were identified by legal doctrine as early as 1904. However, they were first introduced in Czech legislation only with the advent of the new Civil Code, which entered into force in 2014. At present, due to their practicality, they are the most widespread form of contract, which, thanks to the speed of conclusion, finds the greatest utilization in mass contracting, in areas with a broad base of demanding entities, typically consumers. Entrepreneurs played a crucial role in the formation of this institute, when they as primary producers and service providers utilized the potential of adhesion contracts and are still to this day their most common drafters. This diploma thesis deals mainly with the process of concluding bolierplate contracts by entrepreneurs. Emphasis is placed on the individual contractual phases, what are their specifics and how do they differ from the traditional individual contracting. The importance of the adhesive contracting isevaluatedfromtheperspectiveoftoday'ssocietyneeds . Each contractual phase and method of concluding is analysed and put into context with the real practice of consumer and business relations. The main purpose of the civil law...
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Specificity of the position of an entrepreneur in concluding business contracts
Kocián, Jan ; Horáček, Tomáš (advisor) ; Josková, Lucie (referee)
This diploma thesis deals with specificity of the position of an entrepreneur in concluding business contracts. Entrepreneur is mainly viewed as a professional with presumed substantial advantage over non-business parties, especially over consumers. This fact corresponds to his lower level of legal protection, whilst he is obliged to obey higher level of duties and to withstand more limitation in his relationship towards non-business parties, including when he is contracting with them. However, there are some protecting rules in favour of the entrepreneur; these are considered in this work as well. Such rules reflect plain reality, in which the entrepreneur might be in fact the weaker party. Right after definition of fundamental terms, as business law, business contract and entrepreneur are, is further attention aimed to specific legal instruments, some of which are novelty to the Czech legal system. These are pre- contractual negotiation, pre-contractual liability and legal documents used in context with them, esp. in the B2B relationship. Next topic is concluding contracts of adhesion, and position of the entrepreneur as the weaker party. Following chapter is dedicated to deviations from general rules of contracting, namely to modified acceptance of an offer, business confirmation letter and legal...
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Specifics of the contracting process for award of the public contract
Randýsková, Hana ; Patěk, Daniel (advisor) ; Horáček, Tomáš (referee)
Specifics of the contracting process for award of the public contract Abstract The rigorous thesis deals with legal regulation of the special contracting process that serves as grounds for awarding the public contract. The aim of the thesis is to perform an analysis of particular acts, which occur in connection with conclusion of a contract in the procurement procedure. The author looks at this significantly formalist process, which serves to allocate public funds, from the perspective of legislation of concluding contracts as defined in the Civil Code and tries to indicate relevant differences, but also similar elements of the described regulations. In the first part of the work, the classification of the legal regulation of public procurement within the system of law is first performed and the consequences that result from this fact are outlined. Subsequently, an analysis of the public procurement basic principles is performed with a focus on their influence during the contracting process. Connected to these leading ideas, the author is answering the question of whether they can also be found within the scope of general private law legislation in some form. The next part of the presented work is devoted to the acts, which, albeit they precede the commencement of the procurement procedure, often have a...
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Specificity of the position of an entrepreneur in concluding business contracts
Kocián, Jan ; Horáček, Tomáš (advisor) ; Josková, Lucie (referee)
This diploma thesis deals with specificity of the position of an entrepreneur in concluding business contracts. Entrepreneur is mainly viewed as a professional with presumed substantial advantage over non-business parties, especially over consumers. This fact corresponds to his lower level of legal protection, whilst he is obliged to obey higher level of duties and to withstand more limitation in his relationship towards non-business parties, including when he is contracting with them. However, there are some protecting rules in favour of the entrepreneur; these are considered in this work as well. Such rules reflect plain reality, in which the entrepreneur might be in fact the weaker party. Right after definition of fundamental terms, as business law, business contract and entrepreneur are, is further attention aimed to specific legal instruments, some of which are novelty to the Czech legal system. These are pre- contractual negotiation, pre-contractual liability and legal documents used in context with them, esp. in the B2B relationship. Next topic is concluding contracts of adhesion, and position of the entrepreneur as the weaker party. Following chapter is dedicated to deviations from general rules of contracting, namely to modified acceptance of an offer, business confirmation letter and legal...
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The application of legal standards in materials engineering
Večeřa, Petr ; Pantělejev, Libor (referee) ; Pavloušková, Zina (advisor)
The thesis describes points where the basic universal prescriptive system of law interferes with the questions of materials engineering. The main part of the thesis concerns legal liabilities, mainly civil liability represented with liability for defects. Basic analysis of chosen topics concerning liability for defects is done, defects are divided into groups as far as both technical and legal point of view is concerned. Consequently, the most common methods, principles and tests used for recognition and assessment of materials characteristics, both destructive and non-destructive, are described. Chapter, which deals with degradation processes follows. Integral part of the thesis are thoughts of possible types of legal liabilities, which could be important for materials engineers, with basic recommendations for contracting, as well as chosen problems connected with judicial proceedings and out of court settling of disputes. Technical standards are described with high attention, because both technical and legal public is not familiar with the legal background of technical normalisation.
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Framework Contracts and General Terms and Conditions
Koukalová, Simona ; Moravec, Tomáš (advisor) ; Kostelanský, Ludvík (referee)
The thesis deals with the meaning and use of so-called the framework agreements and general business conditions in contracts in business relations between entrepreneurs. Besides the initial issues related to legislation and the ways of concluding agreements in the new Civil Code, no. 89/2012 Coll. Attention is paid to the interpretation of the meaning and practical application of the concept of so-called framework agreements as a specific type of unnamed contract, with an emphasis on so-called general purchase agreements and distribution agreements. This work then provides analysis of the importance and forms of use of general terms and conditions, which are in the nature of indirect and secondary contractual arrangements, both in terms of the overall framework of contractual relations (long-term business cooperating parties), as well as the determination of specific parts of the content of individual contracts. Particular attention is paid to the possible application of more general business conditions in the contract as part of a new way of solving the so-called "battle of the forms", and related commercial and contractual risks. The forgoing is the setting for the object of this thesis, which is to confirm or refute the hypothesis that the new modification of obligations, and especially general business conditions, in the business environment brought major legal uncertainty and confusion. The conclusion is devoted to the problem of the hierarchy of the advantages of both the use of framework agreements and also general business conditions and individual contracts, as well as specific issues of the use of framework agreements and the general conditions in international trade.
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