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A letter of credit contract and a collection contract
Wagnerová, Markéta ; Liška, Petr (advisor) ; Elek, Štefan (referee)
A letter of credit contract and a collection contract This final thesis is focused on two important payment instruments - the letter of credit and the collection. The aim of this thesis is to analyze the letter of credit and the collection. Its main target is to describe both payment instruments and to introduce their use in real life situations and to point out advantages and disadvantages of both instruments. Both domestic and international legal arrangements as well as expert literature and articles were used to write the thesis. As a main source was used Commercial Code and unification of trade customs by the International Chamber of Commerce. The thesis is divided in 5 chapters which furthermore divide themselves into several more subchapters. Because of the fact that contract on the letter of credit and the contract on collection are fundamental for the creation of commercial law obligation the first chapter discusses the general characteristics of commercial obligations from the point of view of the Civil Code and from the point of view of the Commercial Code. Furthermore the letter of credit and the collection are one of the many of bank contracts and these are explained in detail in the second chapter. The bank itself is a party to such contracts and that is why a lot of attention is paid in the...
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Unjust enrichment under business law
Jančařík, Ondřej ; Horáček, Vít (advisor) ; Čech, Petr (referee)
1 Abstract This thesis deals with the institute of unjust enrichment extending to commercial law. It is focused on specific aspects of existence of this institute in commercial law. Particularly it means an issue of the limitation of unjust enrichment claims in business relationships as well as other special elements of unjust enrichment in commercial law regulations such as the question of repayment of the performance caused by the withdrawal, the protection of the company name claims and protection against unfair competition, rights of industrial property and bill of exchange and cheques enrichment. Although the work is primarily based on existing legislation, it is not limited to the examination of the issue from the perspective of re-codification of private law. The thesis analyzes the various provisions of the relevant commercial law regulations whose interpretation is in theory and practice greatly divided, and with their detailed analysis using initially established theoretical basis, trying to make their own suggestions.
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Set off in commercial obligation relationships
Jäger, Marek ; Plíva, Stanislav (advisor) ; Marek, Karel (referee) ; Zahradníčková, Marie (referee)
1 Abstract Although set-off represents one of the most frequent processes of the discharge of obligations unlike performance, the contemporary specialized literature deals with it only in its fragmentary exposures. However, there is no systematic elaboration of this process of the discharge of obligations. The regress of the attention paid to the discharge of obligations by set-off apparently persists from the time, when set-off as a process of the discharge of obligations, which was unfamiliar with the central directed political economy, receded into the background. Therefore the exordium deals with the essence of set-off first of all, further with its relationship to the discharge of obligations by performance as well as with the position of set- off in public law. The chapter treating of the essence of set-off aims to void of its understanding by the economic connotation of this process of the discharge of obligations and to get near to its law essence. It is possible to think of this essence both from the viewpoint of the debtor who waives an obligation and from the viewpoint of the creditor who gains a substitutionary satisfaction of his receivable without an acceptance of the other party of an obligation relationship and without the necessity to enforce this receivable by a court or other authority....
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Freedom to contract and its restriction in business obligations
Nedvěd, Filip ; Plíva, Stanislav (advisor) ; Rozehnal, Aleš (referee)
Every law in the Czech legal system regulates social relations. This adjustment serves to protect and determine values in society. Important role in this process hold the basic legal principles. Private law is no exception. Probably the most important principle of private law is the principle of autonomy of will. Its expression in the law of business oblagations is the principle of contractual freedom, which is the main theme of this work. The principle of freedom to contract is quite crucial for the functioning of the modern principle of contract law, which regulates relations arising in a market economy. The aim of this work is to describe the principle of freedom to contract and its manifestation in the legal standards, which governs business obligations. Finally, this work discusses restrictions of freedom to contract, since it is clear that this can not be applied without some correctives. Keywords: contractual freedom restrictions of contractual freedom commercial contractual relations
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Unjust enrichment under business law
Keltner, Miloslav ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
Unjust enrichment under business law The aim of this work is to analyze the unjust enrichment with its overlap to commercial law. The introduction of the text summarizes the historical development of unjust enrichment from ancient Roman law provisions, including the Austrian General Civil Code and the Civil Code from 1950 up to the history of the currently effective codex published under no. 40/1964 Coll. This historical analysis points out certain analogies with the current regulation and the development of elements that are the foundation of today's unjust enrichment legislation. The following part of the work contains analysis of the current de lege lata legislation of unjust enrichment in the commercial law, the subsequent part constitutes the crucial part of this work that is concerned directly with unjust enrichment in the commercial law. First, it analyses the term of business contractual obligations, then it analyses the relationship between the Civil Code and the Commercial Code and finally it sums up the expert discussion relating to the unjust enrichment in the commercial law and subsequently the author presents his personal view of the problem and the effects of the unjust enrichment, especially on the question of limitation period, are considered briefly. The final chapter consists...
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Unjust enrichment under business law
Gejdoš, Jakub ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
The thesis is focused on the legal concept of unjust enrichment specifically in relation to the area of business law. Although the basic legal regulation relevant also for the area of business law was, and even after the adoption of the new private law codes, still remains in the civil code, the thesis endeavors to focus on certain specifics related particularly to the business relations. For these purposes it deals, in less or more detailed manner, also with other legal concepts, which are significant for the topic and closely related (such as limitation of claims resulting from the unjust enrichment, good faith of legal entities, invalidity of legal acts etc.). The thesis analyses legal acts regulating the institution of unjust enrichment for the area of private law, eventually specifically for the business relations. Especially in the areas where the legal text itself is not exhaustive, it supplies also analysis of relatively extensive case law (available so far only in respect of the previous legislation), eventually also the analysis of expert opinions. It draws attention to certain conflicts in interpretation of individual legal provisions. Considering the recent essential change of the private law basis (new private law codes) the thesis provides to a considerable extent comparison of the...
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Set off in commercial obligation relationships
Jäger, Marek ; Plíva, Stanislav (advisor) ; Marek, Karel (referee) ; Zahradníčková, Marie (referee)
1 Abstract Although set-off represents one of the most frequent processes of the discharge of obligations unlike performance, the contemporary specialized literature deals with it only in its fragmentary exposures. However, there is no systematic elaboration of this process of the discharge of obligations. The regress of the attention paid to the discharge of obligations by set-off apparently persists from the time, when set-off as a process of the discharge of obligations, which was unfamiliar with the central directed political economy, receded into the background. Therefore the exordium deals with the essence of set-off first of all, further with its relationship to the discharge of obligations by performance as well as with the position of set- off in public law. The chapter treating of the essence of set-off aims to void of its understanding by the economic connotation of this process of the discharge of obligations and to get near to its law essence. It is possible to think of this essence both from the viewpoint of the debtor who waives an obligation and from the viewpoint of the creditor who gains a substitutionary satisfaction of his receivable without an acceptance of the other party of an obligation relationship and without the necessity to enforce this receivable by a court or other authority....
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Unjust enrichment under business law
Jančařík, Ondřej ; Horáček, Vít (advisor) ; Čech, Petr (referee)
1 Abstract This thesis deals with the institute of unjust enrichment extending to commercial law. It is focused on specific aspects of existence of this institute in commercial law. Particularly it means an issue of the limitation of unjust enrichment claims in business relationships as well as other special elements of unjust enrichment in commercial law regulations such as the question of repayment of the performance caused by the withdrawal, the protection of the company name claims and protection against unfair competition, rights of industrial property and bill of exchange and cheques enrichment. Although the work is primarily based on existing legislation, it is not limited to the examination of the issue from the perspective of re-codification of private law. The thesis analyzes the various provisions of the relevant commercial law regulations whose interpretation is in theory and practice greatly divided, and with their detailed analysis using initially established theoretical basis, trying to make their own suggestions.
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