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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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Liability for defects of a share or shares of stock
Červená, Lucie ; Čech, Petr (advisor) ; Eichlerová, Kateřina (referee)
Liability for defects of a share or shares of stock ABSTRACT This diploma thesis deals with the analysis of legal and contractual liability for defects of a share or shares of stock and with the definition of its qualities focusing on the legislation of the purchase. Due to the fact, that the number of executed transactions concerning a share or shares of stock reaches several hundred per year in the Czech Republic and the Czech legal system deals with the legislation of the share purchase agreement marginally, the number of disputes arises regarding their defects and the transferor's liability for them in practice. Therefore, I consider the topic of liability for defects of a share or shares of stock as a topical issue and appropriate to more detailed elaboration. Several research questions were asked e.g.: if a share of shares of stock can have the usual qualities or the usual purpose of use; if the qualities of the enterprise can be also the qualities of a share or shares of stocks directly by law; or if a shareholder of the business corporation can be considered as a consumer. In some issues that are controversial in legal theory or are not solved, or only marginally in the Czech legal system, a comparison with foreign legal doctrine, especially German and Austrian, is used to find solutions. Following...
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Claims arising from the breach of a contractual obligation (in private law relationships)
Kašová, Lenka ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
Claims arising from the breach of a contractual obligation (in private law relationships) The topic of this Master's degree thesis is "Claims arising from the breach of a contractual obligation in private law relationships". The aim of this thesis is especially to outline the claims that may arise to the contractual party in case the other party breaches its contractual obligation. The text characterizes the particular claims, compares them mutually and subsequently shows their main differences. Each chapter contains an important passage focused on legal enactment of particular claims in the New Civil Code that comes into effect on 1st January 2014. The thesis is composed of four chapters, each of which deals with one legal institute that may be considered as a consequence of the breach of contract, namely the liability for default, the liability for damage, the contractual penalty and the liability for defects. The chapter One analyzes situation when the debtor breaches his duty to perform duly and in due time. The purpose of the chapter Two is to describe the essential preconditions for occurrence of the liability for damage, to provide with information about scope and methods of damages including (im)possibility of contractual limitation of damages under Czech law. The second chapter also...
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Liability for defects of work
Doležal, Tomáš ; Plíva, Stanislav (advisor) ; Štenglová, Ivanka (referee)
1 Abstract The presented thesis deals with liability for defects in work in business obligations. It analyzes the effective legislation which is primarily contained in the Commercial Code and points out some problems arising from the interpretation of the law. It further summarizes the numerous and relatively constant judicature of the Supreme Court of the Czech Republic and legal opinions of several commercional lawyers. The author of the thesis tries to assess the conclusions of the judicature and legal doctrine. In some cases, he presents his own suggestions to solve the shortcomings of the current legislation. These proposals are based on his own legal reasoning. During the creation of the Commercial Code, the legislature had been inspired by the Economic Code and the International Trade Code, the immediate predecessors of the Commercial Code, and by United Nations Convention on Contracts for the International Sale of Goods. For this reason the legislation contained in these sources of law is mentioned particularly when the legislation departs from the current legislation of the Commercial Code. The future development of the legislation is also presumed. The thesis deals with the draft of the new Civil Code and focuses on the draft's solutions of several selected issues (issue of performance of...
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Legal consequences with respect to the breach of contract under civil law
Novák, David ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
S u m m a r y The goal of this thesis is to analyse the legal consequences of the breach of contract, especially under civil law, although, some essential comparison with legal regulation of commercial law is given, too. The text is divided into ten chapters. In the introduction, i. e. in the first two chapters the term of contract is defined and then the basic legal principles of the contractual law are enumerated and described in respect of the topic. The third chapter deals with the subject of the paper globally and shortly characterises each consequence of the breach of contract. The account of them is also given. The following chapters provide complete information how every consequence works and which part it plays in the Czech legal system. Specifically, Chapter Four is focused on debtor's delay and Chapter Five on creditor's delay. Chapter Six investigates liability for damage and damages a bit, as well. Chapter Seven deals with liability for defects and Chapter Eight is about contractual fine. In Chapter Nine is mentioned discharge of contract and its consequences. Each of in this paragraph enumerated chapters describes its subject itself and also relevant related problems in context with practice of the courts. In the last chapter, i. e. in the Conclusion is the whole topic shortly summarized with...
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Liability for damage in business transactions
Grundmanová, Lenka ; Eichlerová, Kateřina (advisor) ; Čech, Petr (referee)
Liability for defects in business contracts The topic of my diploma thesis is liability for defects in business contracts, i.e. agreements that are even today being closed under the Czech Commercial Code, as amended. The liability for defects arising from the contract of purchase (or other types of contracts if needed) is a significant part of liability relationships, which may come into existence from obligations. Considering the upcoming recodification of private law, the focus of the thesis is the comparison of current and future legislation of the matter (Act No. 513/ 1991 Coll., the Commercial Code and Act.no 89/2012 Coll., the Civil Code being the current and future major regulations). The aim of the thesis is to identify the major modifications that are about to come into practise and at the same time to evaluate how these changes are going to influence the position of either party to a contract. I decided to systematize the comparison according to different aspects of the topic and I used the same system structuring the chapters. After the introduction and a brief historical summary I first presented the general characteristics of the liability for defects. In following chapters, these particular aspects have been examined: the definition of wrongful performance, the kinds of defects, the...
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Liability for defects in business transactions
Matějíček, Pavel ; Eichlerová, Kateřina (advisor) ; Čech, Petr (referee)
The topic of this thesis is liability for defects in business transactions, or using the terminology of the effective Civil Code, obligations from non-performance. Rights from non- performance are one of the most important legal instruments regarding liability, together with liability for damage and liability for delay, all arising from pecuniary contracts, mainly from purchase contracts and contracts for work. With respect to the elapsed recodification of civil law, obligations arising from non- performance are no longer subject to two codes (in Act No. 40/1964 Coll., Civil Code and in Act No. 513/1991 Coll., Commercial Code), they are now governed only by Act No. 89/2012 Coll., the effective Civil Code. Civil code and its provisions are therefore the main part of this thesis. Moreover, some parts of the thesis contain comparison of the effective Civil Code to the preceding legislation, i.e. the Commercial Code, and to some international treaties as well. The first chapter, which follows right after the preface, contains sources of this thesis. The second chapter deals with the concept of obligations arising from non-performance, compares them to other areas of civil law dealing with liability, and later deals with the concept of commercial obligation. The third chapter talks about the provisions...
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Liability for defects of a share or shares of stock
Červená, Lucie ; Zahradníčková, Marie (referee)
Liability for defects of a share or shares of stock ABSTRACT This diploma thesis deals with the analysis of legal and contractual liability for defects of a share or shares of stock and with the definition of its qualities focusing on the legislation of the purchase. Due to the fact, that the number of executed transactions concerning a share or shares of stock reaches several hundred per year in the Czech Republic and the Czech legal system deals with the legislation of the share purchase agreement marginally, the number of disputes arises regarding their defects and the transferor's liability for them in practice. Therefore, I consider the topic of liability for defects of a share or shares of stock as a topical issue and appropriate to more detailed elaboration. Several research questions were asked e.g.: if a share of shares of stock can have the usual qualities or the usual purpose of use; if the qualities of the enterprise can be also the qualities of a share or shares of stocks directly by law; or if a shareholder of the business corporation can be considered as a consumer. In some issues that are controversial in legal theory or are not solved, or only marginally in the Czech legal system, a comparison with foreign legal doctrine, especially German and Austrian, is used to find solutions. Following...
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Legal consequences of a breach of contract in civil law
Antošová, Eliška ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic of this Master's degree thesis is "Legal consequences of breach of contract in civil law". The aim of this thesis is especially to analyse the legal consequences of the breach of contract under civil law. The text is divided into six chapters. Each chapter characterizes the particular consequence of the breach of contract. Each chapter also shows main differences and and possible advantages or disadvantages its enactment in the new Civil Code that came into effect on 1st January 2014. The first chapter deals with the pre-contractual liability. This chapter includes description of the pre- contractual negotiation and its main elements recognized within the framework of the Czech legal system. The chapter two analyzes aspects of delay in civil commitments in the law system of the Czech Republic with focus on the consequences a delay may cause. The third chapter explains essential points of the withdrawal from a contract. The fourth chapter describes and analyzes the legal institute of liability for defects, the issues regarding the liability for defect, its impact and also mentions some practical aspects related to it.Chapter five deals with the civil liability for damage. The aim of this chapter is to provide a basic overviewand to clarify crucial aspects of this legal institute. Chapter six...
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Liability for defects in business transactions
Matějíček, Pavel ; Eichlerová, Kateřina (advisor) ; Čech, Petr (referee)
The topic of this thesis is liability for defects in business transactions, or using the terminology of the effective Civil Code, obligations from non-performance. Rights from non- performance are one of the most important legal instruments regarding liability, together with liability for damage and liability for delay, all arising from pecuniary contracts, mainly from purchase contracts and contracts for work. With respect to the elapsed recodification of civil law, obligations arising from non- performance are no longer subject to two codes (in Act No. 40/1964 Coll., Civil Code and in Act No. 513/1991 Coll., Commercial Code), they are now governed only by Act No. 89/2012 Coll., the effective Civil Code. Civil code and its provisions are therefore the main part of this thesis. Moreover, some parts of the thesis contain comparison of the effective Civil Code to the preceding legislation, i.e. the Commercial Code, and to some international treaties as well. The first chapter, which follows right after the preface, contains sources of this thesis. The second chapter deals with the concept of obligations arising from non-performance, compares them to other areas of civil law dealing with liability, and later deals with the concept of commercial obligation. The third chapter talks about the provisions...
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