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Mistake in civil law
Havlín, Tomáš ; Dvořák, Jan (advisor) ; Elischer, David (referee)
(Mistake in civil law) The submitted diploma thesis deals with the problematic of mistake in civil law as a form of vitiated consent. Pivotal provisions are present in § 583-585 of the act No. 89/2012 Coll., civil law. In the introduction of the thesis we can find general issues of legal action, with more detailed description of will, its characteristics, manifestation of the will and their relation to each other, as these essentials of legal actions are instrumental for the purpose of this thesis. Next chapter focuses on the main issue, mistake as it defines it in two separate ways, that is discrepancy between the genuine will of the acting person and manifestation of the will, secondly as a defect of the will. Main focus of the thesis lies within the latter case, discrepancy between genuine will of the acting person is only mentioned briefly. Afterwards the thesis focuses on different types of mistake as corresponding to the provisions in the act No. 89/2012 Coll., civil law. Special focus is put on the term decisive circumstance, necessity of participation of other party and excusable mistake, as well as extract about the mistake induced by deception. Following chapter is centred around subsidiary circumstance and how to distinguish it from a decisive one. Afterwards the thesis mentions other...
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