|
|
Laesio enormis
Jirman, Daniel ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
LAESIO ENORMIS Abstract This diploma thesis is focused on the institute of Laesio enormis, which has been returned to the Czech legal system after many years with the effect of the new Civil Code No. 89/2012 Coll. The importance of laesio enormis has been rising currently, when the market place is controlled by powerful commercial instruments and the prices are uncontrollably rising due to various external influences. Therefore this thesis is focused on the analysis of the institute, which is protecting the injured contracting party, and breaks through one of the bacis principles of the civil contract law, such as the autonomy of the will. The aim of this thesis was also to explain the origin of this institute and its development, that was necessary to observe the development of philosophical thinking in relation to the understanding of fair price, which is absolutely crucial in the aplication of the laesio enormis. For better understanding of the valid regulation of the institute in the Czech legal system, the diploma thesis analyzes the individual sources regulating this institue, which can be found mainly in the surrounding European countries. It was also essential to define laesio enormis in the context of other institutes breaking the principle of the autonomy of the will, such as the protection of...
|
|
|
Civil law usury
Makovec, Jakub ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Civil law usury Abstract While discussing the issue of civil law usury, this thesis has three main goals in principle. The first one is exploring and describing usury from non-legal standpoints, the second one involves assessing usury from legal standpoints and the final one comprises comparing the Czech regulation of usury with foreign approaches, presenting proposals aiming to enhance the definition of usury and evaluating the quality of its definition. The thesis is thus divided into three parts accordingly. The first part focuses on the origin of usury itself, while particularly exploring key historical periods and philosophical approaches. It also mentions the influence of religion, which used to influence the everyday life of individuals and usury was no exception. This part is complemented with a brief look at the usury regime in the three previous civil codes from the past century, which predate the current regime with their effect. The formulation of the theoretical part then follows, it comprises an interpretation of the current usury regime contained in the present Civil Code. In that, I first explore the basis of the law of obligations, then move to the concept of laesio enormis and finally analyse the key provisions of usury itself. Here, I describe its components using case law and other...
|
|
|
The protection of the weaker party in private law
Štroblová, Kristýna ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
The protection of the weaker party in private law The topic of the thesis is "The protection of the weaker party in private law". Protection of the weaker is one of the key principles of the current civil code and one of the fundamental principles on which private law is based. With the efficiency of the new civil code, the principle of protection of the weaker party is reflected in a variety of legal institutions and rules. This work aims to define the meaning and purpose of the principle of protection of the weaker party in private law, its position in the hierarchy of law and to analyze its manifestation in the context of each of the rules and institutions enshrined in the civil code. Due to the fact that in contemporary society it is quite common for the parties to enter into the contractual relationship in the de facto unequal position, it is essential to respond strongly than ever before to this situation and to correct this imbalance with the relevant rights and resources called "the protection of the weaker party". The intention of this work is to evaluate the current level of protection of the weaker party in private law, to compare the existing level protection with the previous one, to unveil any deficiencies, theoretical and practical problems in the adaptation of the individual...
|
guest ::
