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Contract of sale in Roman and contemporary law
Šicnerová, Jana ; Bělovský, Petr (advisor) ; Šejdl, Jan (referee)
Sales contract in Roman Law and Contemporary Law Abstract This thesis deals with developing the sales contract from the times of Roman law. It chronologically describes its evolution from the inception of emtio venditio to the current legal regulation of the sales contract in Act No. 89/2012 Sb., the Civil Code. The thesis is divided into eight parts; firstly, it discusses the historical development of the sales contract, then it examines the sales contract (emtio venditio), and in the subsequent sections, it analyzes the sales contract under Act No. 40/1964 Sb., the Civil Code, and its amendments, Act No. 513/1991 Sb., the Commercial Code, and the currently valid Act No. 89/2012 Sb., the Civil Code. The aim of this thesis was to determine the extent to which the current legal regulation concerning the sales contract is inspired by Roman law, as well as to provide a comprehensive analysis of the evolution of the institute of the sales contract and a comparison of the differences within the aforementioned legal provisions. The thesis mainly describes the essential elements of the sales contract and the obligations of the seller and the buyer. Keywords: Roman law, sales contract, Civil Code.
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Legal regulation of sale of property: comparison of current civil code and the proposed new wording of Civil Code
Matzner, Jan ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic of this thesis is a comparison of current legal regulation of property sale and its future modification, according to the wording of the new Civil Code. In the individual chapters are respectively described the most crucial aspects of this area in a perspective of current Civil code and the wording of the proposal, including evaluation of potential impacts of the changes to law practice. At the beginning of this work are definitions of main terms of property law, especially definition of the property itself, as it is being subject to quite essential changes in the new Civil Code. Single chapter deals with the rule "superficies solo cedit," which is intended to be renewed. Apart from the short summary of origin and development of this principle, this passage focuses primarily on the reasons, which led our legislatives to abandon this rule in 1950's and subsequently identifies reasons for its present reinstallation. There is description of the process of property sale in the following chapters. It consists of two separate parts, a property law and obligation law aspects. The key issue of the property law part is the role of the Land registry. The ownership of the transferee must be registered there in order to successfully complete the transfer. The new regulation brings several changes in...
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Selected Commitment Relations in Agricultural Business
PÍCHOVÁ, Andrea
The bachelor thesis examines the selected commitment relationship in the agricultural business. Its aim is to describe, analyze, evaluate and assess the economic impact on the business. The main themes of the thesis are the sales contract for the sale of milk and sale of agricultural comodities and the lease ageement. For both types of contracts, their patterns are first described. Then, on the basis of the questionnaire survey and on the basis of the obtained data, we will find out how the selected commodities are involved in the company's profit. Finally, these data are compared with the results obtained from the Agricultural Union, Agrarian Chamber and the Ministry of Agriculture of the Czech Republic.
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Discount portals
BAGOVÁ, Veronika
The bachelor thesis is about discount portals, in particular about legal relations between the relevant contract parties. The aim of this work is therefore to describe and analyse these relations. In the first part the work speaks about discount portals in general what they are and how they work from the consumer perspective. The thesis also deals with consumer law, especially with sales contract, agency contract and how the distance contracts are concluded. The second part of this work is practical research. The research is based on my own experience with the discount portals and the comparison of the commercial terms and conditions concerning the three most popular discount portals in the Czech Republic.
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Sales Contract - Comparison of the continental and American rules
Řemínek, David ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
132 Abstract This thesis compares the basic institutes of the sales contracts under the Uniform Commercial Code in the U.S.A. with the corresponding institutes of the Czech private law and where appropriate with the institutes of the United Nations Convention, the draft of the new Czech civil code and the draft of (European) common frame of reference. The thesis deals with the comparison of both rules generally, the sources of law and the contract law system in the U.S.A., interpretation, specificities of the transnational sales contracts, legal regimes of sales contracts and distinction from other contract types. Main part of the thesis focuses on the sales contract formation, offers and acceptances, modification and implied terms. The thesis is concluded with the formal requirements on sales contracts and the notion of mistake.
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Legal regulation of sale of property: comparison of current civil code and the proposed new wording of Civil Code
Matzner, Jan ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic of this thesis is a comparison of current legal regulation of property sale and its future modification, according to the wording of the new Civil Code. In the individual chapters are respectively described the most crucial aspects of this area in a perspective of current Civil code and the wording of the proposal, including evaluation of potential impacts of the changes to law practice. At the beginning of this work are definitions of main terms of property law, especially definition of the property itself, as it is being subject to quite essential changes in the new Civil Code. Single chapter deals with the rule "superficies solo cedit," which is intended to be renewed. Apart from the short summary of origin and development of this principle, this passage focuses primarily on the reasons, which led our legislatives to abandon this rule in 1950's and subsequently identifies reasons for its present reinstallation. There is description of the process of property sale in the following chapters. It consists of two separate parts, a property law and obligation law aspects. The key issue of the property law part is the role of the Land registry. The ownership of the transferee must be registered there in order to successfully complete the transfer. The new regulation brings several changes in...
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The sales contract in international business transactions
Masařová, Barbora ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
The topic of my diploma thesis is "The sales contract in international business transactions". The development of international trade is currently thriving, as evidenced by the fact that the significance of the international trade in the Czech Republic continues to grow. The reason I chose this topic is that the international sales contract is one of the most important contract in the field of international trade and I decided to expand my knowledge on that field. The diploma thesis analyzes the international sales contract in relation to the historical development of the term international sales contract, to its definition, legislation and unification efforts in the field of international sales contract legislation. The diploma thesis is structured into three chapters. The first chapter is devoted to the term sales contract in international business transactions. It contains the basic characteristics of the sales contract in Czech law, the characteristics of the term international business transactions and the largest part of this chapter is concerned with the historical development of the international sales contract and United Nations Convention on Contracts for the International Sale of Goods, as the basic legislation in relation to the international sales contract. The second chapter is...
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Sales Contract in American Law
Dufková, Marie ; Boháček, Martin (advisor) ; Švarc, Zbyněk (referee)
The goal of this thesis is to discover differences in regulation of sales contracts in Anglo-American and Continental legal system. The thesis looks for and compares distinctions between regulation in Uniform Commerical Code adopted in most of the states of the USA that represents the Anglo-American System, and Louisiana Civil Code which was chosen by the author thanks to its strong link to french Code Civil as a representative of Continental System. The author analyzes differences in definition of sales contract, the process of its formation, she looks at the question of passage of title and passage of risk, furthermore she deals with rights and obligations of seller and buyer. Eventually, she summarizes the distinctions found.
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Sales Contract
Ondrušková, Silvie ; Malý, Josef (advisor) ; Gsela, Jakub (referee)
This essay deals with the issue of sales contracts with focus on the contracts concluded in international trade. The essay builds on the basic legislation governing the purchase contract, namely the Czech Commercial Code and the UN Convention on Contracts for the International Sale of Goods and is complemented by a range of practical knowledge. The work primarily deals with making of sales contracts and its terms and includes a chapter on delivery terms, since it is an important part of contracts in international trade and since there was a new edition of the international rules of interpretation of delivery terms Incoterms 2010.
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Terms of payment in the sales contract
Harmáčková, Iva ; Malý, Josef (advisor) ; Halík, Jaroslav (referee)
This thesis makes an analysis of price and terms of payment in the sales contract. Both elements are conceived in terms of legal framework and in terms of importance for the parties to an international sales contract. The theoretical part deals with the role of the sales contract in business relations, structure and legal norms of the international sales contract. The practical part includes an analysis of specific international sales contract.
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