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Passing of Risk in International Sale Contract under CISG
Dimitrov, Pavel ; Pauknerová, Monika (referee)
PŘECHOD NEBEZPEČÍ DLE ÚMLUVY OSN O SMLOUVÁCH O MEZINÁRODNÍ KOUPI ZBOŽÍ 5 Abstract This thesis is focused on passing of risk of accidental loss and destruction of goods during international sale. The main objective is to fulfil the hypothesis concerning the the regulation of passing of risk in two main sources of its regulation, the Incoterms clauses and the UN Convention on the International Sale of Goods, so called the Vienna Convention, and their mutual relationship in the regulation of this institute. Thesis also contains an analysis of the term danger and its various types. The second part is focused on the revision of Incoterms 2020, comparison of the passing of risk under Incoterms and the Vienna Convention, their similarities and differences and the possibility of their interaction.
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Commercial terms and clauses in business transactions
Hošna, Vojtěch ; Horáček, Tomáš (advisor) ; Pelikán, Robert (referee)
Commercial terms and clauses in business transactions Abstract The master thesis is focused on the topic of commercial (standard) terms and clauses in business transactions. With respect to increased demands on the entrepreneur, the relevant provisions will be interpreted differently in the business relationship than in the case of a consumer relationship. Standard terms standardize the contracting process and reduce costs. Legislation of commercial terms remains concise but it contains some news. Significant change is the express regulation of the knock-out rule, which is used to determine the final content of a contract in the case of conflict between standard terms. Section 1752 newly contains express regulation for unilateral change of standard terms. A major novelty is specific content/formal control of standard terms which is regulated section 1753. Party is protected against the terms with which that party would scarcely have accepted had it been aware of them. Surprising terms are ineffective. The thesis is dedicated to problematic aspects, which arise in the case of contracting under standard terms. The thesis uses descriptive and comparative methods for accomplishment that goals. Firstly I will try to define the notion of commercial terms. In the second chapter are presented requirements for valid...
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Commercial terms and clauses in business transactions
Hošna, Vojtěch ; Horáček, Tomáš (advisor) ; Pelikán, Robert (referee)
Commercial terms and clauses in business transactions This thesis focuses on contracting with standard commercial terms between entrepreneurs. There are higher demands on the mentioned subjects, and therefore, in these cases, the provisions of the Civil Code governing the standard commercial terms will be interpreted differently than in the case of entrepreneur - to - consumer relationships. At first I will try to define the notion itself of business obligations and standard commercial terms. The thesis prefers material understanding of the standard commercial terms. In the other parts, the thesis deals with the function and division of commercial terms. The Civil Code draws the line between standard commercial terms prepared by professional or interest organisations and other standard commercial terms. On that mentioned professionals or interest organisations do not exist any further qualitative or quantitative requirements. This type of standard commercial terms are in the privileged position as to its incorporation. To be the standard commercial terms able to became the valid part of the contract, the link on that terms has to exist. They have to be futther attached or known to the parties. These steps are described in detail. If the standard commercial terms became valid part of the contract,...
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