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Analysis of the institute of extraordinary circumstances, or the curtailment of air passenger rights: Theory practice and future development
Bartošík, Lukáš ; Exner, Jan (advisor) ; Šmejkal, Václav (referee)
Title of the writing: Analysis of the institute of extraordinary circumstances or abbreviation of air passenger rights: Theory, practice and future directions Abstract Air passengers have a number of rights against air carriers under EU law. One of these rights is the right to a flat-rate compensation in the event of cancellation or significant delay of a flight. Cancellations or significant delays can be caused by a wide variety of circumstances. If these circumstances are extraordinary and could not have been prevented by the carrier using all reasonable measures, passengers are not entitled to compensation and the carrier is thus relieved of its obligation. Extraordinary circumstances in air transport are very often applied in practice as a means of relieving the carrier of its obligation to pay damages to air passengers. Unfortunately, this remedy is enshrined in the legislation in a very vague and indeterminate manner, in the form of vague legal terms. It can therefore be abused in practice to the detriment of passengers. The Court of Justice of the European Union, in the context of the preliminary ruling procedure, does interpret the institute, but again using general and vague terms, which requires further specification by means of further preliminary questions. This paper aims to explain the meaning...
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Right from a defective pe rformance and right to compensation for damage
Císařovský, Adam ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
1 Right from a defective performance and right to compensation for damage Abstract This thesis deals with the interrelation of the institutes of the right from a defective performance and the right to compensation for damage. The institutes of rights from defective performance and the right to compensate for damage caused by the provision of defective performance are both commonly perceived as breaches of obligation, and the literature consistently classifies them under the concept of breach of contract. The aim of this thesis is to analyse the defective performance as a necessary prerequisite for both claims arising from the right from defective performance and the right to compensation for damage. The thesis deals with the relationship of the above-mentioned institutes, which are in the Czech legal environment in the relationship of exclusivity of the right from defective performance to the right to compensation for damage on the basis of the provisions of Section 1925 of the Civil Code, according to which the acquirer of a performance that is defective must claim these defects only through the legal provisions of the right from a defective performance. The thesis then uses analytical, critical, comparative and descriptive research methods. In the first chapter of the thesis, the descriptive method is...
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Damages under the United Nations Convention on Contracts for the International Sale of Goods
Marková, Veronika ; Pfeiffer, Magdalena (advisor) ; Brodec, Jan (referee)
The subject of the rigorosum thesis is damages under the United Nations Convention on Contracts for the International Sale of Goods (hereinafter the "CISG"). The CISG can be described as one of the most important and most widely used legislative instruments providing a unified framework for contracts for the international sale of goods. The aim of this thesis is to make a critical analysis of the provisions concerning the right to damages, to confront misleading provisions and to clarify issues not expressly dealt with by the CISG in order to provide a comprehensive overview of the right to damages under the CISG, taking into account its core values and principles. The significance of the CISG in the business world and the purpose of the right to damages are introduced in the first part of the thesis. The CISG is fundamentally influenced by the UNIDROIT Principles1 and PECL2 , which help to interpret vague languages found in the provision and to supplement and to clarify the provisions of the to the CISG. The crucial goal of the right to damages, which is to place the aggrieved party in the same position it would have been in economically if the contract had been performed, is embodied in the principle of full compensation. The goal of the subsequent chapter is to describe all requirements for...
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Damages under the United Nations Convention on Contracts for the International Sale of Goods
Marková, Veronika ; Pfeiffer, Magdalena (advisor) ; Brodec, Jan (referee)
The subject of the rigorosum thesis is damages under the United Nations Convention on Contracts for the International Sale of Goods (hereinafter the "CISG"). The CISG can be described as one of the most important and most widely used legislative instruments providing a unified framework for contracts for the international sale of goods. The aim of this thesis is to make a critical analysis of the provisions concerning the right to damages, to confront misleading provisions and to clarify issues not expressly dealt with by the CISG in order to provide a comprehensive overview of the right to damages under the CISG, taking into account its core values and principles. The significance of the CISG in the business world and the purpose of the right to damages are introduced in the first part of the thesis. The CISG is fundamentally influenced by the UNIDROIT Principles1 and PECL2 , which help to interpret vague languages found in the provision and to supplement and to clarify the provisions of the to the CISG. The crucial goal of the right to damages, which is to place the aggrieved party in the same position it would have been in economically if the contract had been performed, is embodied in the principle of full compensation. The goal of the subsequent chapter is to describe all requirements for...
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