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Clausula Rebus sic stantibus in contractual relations
Doksanská, Debora ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Clausula Rebus sic stantibus in contractual relations Abstract The main topic of this thesis is mainly the evaluation of the legal regulation of the clausula rebus sic stantibus. Its purpose is a kind of right of the contracting party concerned to provoke negotiations on the content of the obligation and to adjust the relations between the contracting parties, which will help to restore the balance within the contractual relationship. This right of the party concerned is subject to a substantial change of circumstances, i.e. there must be a change of circumstances of such a serious nature as to fundamentally alter the terms of the contractual obligation. There is still a conflict between two directions in the approach to this issue. The first is that it is a fundamental interference with the legal certainty of the parties and with the principle of pacta sunt servanda, and that such an institution should not be part of the legal order because it is essentially against the principles that are the cornerstones of civil law. The second approach is rather positive and welcomes its inclusion in the legal order, the institute thus ensures fairness and equilibrium between the parties in contractual relations and makes it possible to intervene in unforeseeable situations to save the conditions prevailing in the...
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Agreements and contracts within copyright law
Skoupá, Linda ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
Agreements and contracts within Copyright Law This thesis examines the Contractual Copyright Law, which is a part of the Intellectual Property Law. The aim of the thesis is to analyze the valid legislation dealing with license agreement in the Czech Republic. The thesis is composed of eleven chapters. Chapter One is introductory, it explains the importance of the Copyright Law and briefly describes the structure of the thesis. Chapter Two examines the sources of the Contractual Copyright Law on Czech, European and international level. Chapter Three provides the initial introduction to the Copyright and Intellectual Property Law in general. It explains specific terms of this branch of law, such as "the work" and "constitutive transfer of rights", which are crucial for understanding of the topic of thesis. Chapter Four describes the License Agreement itself and the legal relationship arising out of it, its purpose, subjects, object and content, while chapter Five examines the ways of classification of License Agreements. Chapter Six concentrates on problems of principles governing the License Agreement and its elements. Chapter Seven deals with the transfer of the license and chapter Eight with the special ways of a legal relationship termination based on the License Agreement. Chapter Nine contains...
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Agreements and contracts withing copyright law
Stejskal, Vilém ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
CONTRACTUAL COPYRIGHT LAW This thesis is dedicated to the Czech Copyright Law, which is part of Intellectual Property Law. The core of this work is lying on description and recognition of contractual concepts of Copyright Law in Czech Republic, namely the last two Copyright Acts. The first Copyright Act was valid from 1965 till 2000. The second Copyright Act is effective since 2000. Chapter 1 covers the sources of Czech Contractual Copyright Law on different levels, from the constitutional grounds to the regulations. Chapters 2 and 3 are initial introduction to the Intellectual Property Law. It provides basic explanation of intangible property terms. Chapter 4 tries to briefly show the history and the development of the Copyright Law on the Czech territory, particularly Czech Contractual Copyright Law. Chapter 5 deals with provisions of Copyright Act 35/1965. It concentrates on contracts for the distribution of a work and contracts to produce a work. Chapter 6 is devoted to the effective czech Copyright Act 121/2000 and its provisions related to contractual law. With short notice about contract for a work done. Chapter 6 compares some important attributes of both mentioned Copyright Acts.
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Agreements and contracts within copyright law
Vlasák, Tomáš ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
- CONTRACTUAL COPYRIGHT LAW This theses deals with contracts in copyright law. Its main aim is to describe legal regulation concerning most frequent types of contracts in copyright law and to compare the regulation of these contracts as it was before the recodification of Czech private law, which was done by the new civil code, with the state after it and to mark out main terminological and conceptual changes, which have some connection to contractual copyright law. The work consists of eight chapters. The first chapter contains a brief overview of domestic sources of contractual copyright law. The second chapter explains some basic concepts of copyright law which have some relation to the contractual law - the concepts of authors' rights and prohibition of its transfer to other person and terms of license and consent in copyright law. In this chapter reader also finds subchapters on new legal definition of things and ownership in the new civil code and how these new definitions influence copyrighted works and license agreements. Chapters three to eight describe the legal regulation of the most important types of contracts in the contractual copyright law. The third chapter is the core of the work. It describes in detail the license agreement. It points out irregularities of contractual process in...
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Internationalization tendencies in obligation law with a focus on contract law
Svoboda, Martin ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
Internationalization tendencies in obligation law with a focus on contract law Abstract This thesis deals with the harmonisation and unification of the law of obligations, mainly contract law at international, European as well as at national level. Emphasis is placed on the historical context, the current regulation at all three levels and the identification of individual problems. The first part of this thesis is devoted to a general introduction of the topic. It is divided into four parts, first explaining the concept of internationalisation in general and then introducing the different kinds. The first chapter introduces the concept of private international law, including European private international law. The second chapter is devoted to legal unification and harmonization at the international level. The third chapter deals with the Europeanization of the law of obligations, and the fourth and final chapter outlines the issue of comparative jurisprudence. The second part is devoted to the need and feasibility of legal unification, again both at the international and European levels. This part discusses the various individual problems, such as the ways of implementation, and the problems posed by efforts to harmonise legal systems and unify the regulation of contract law. The individual problems are...
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Agreements and contracts within copyright law
Veselý, David ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Contractual copyright law A theme of the diploma thesis is the contractual copyright law. The main purpose of this thesis is to provide an overview of the contractual copyright law, mainly focused on the copyright license agreement. The thesis consists of seven chapters. The first chapter describes sources of the contractual copyright law. It consists of four parts which introduce elemental international sources, European Union law, constitutional regulations and primary and secondary legislation. The second chapter explains basic terms of the copyright law, which are necessary for better comprehension of the contractual copyright law. The third and the fourth chapter are crucial parts of the thesis. The third chapter generally explains licenses and its division to contractual, legal and compulsory licenses. This part is also an introduction for the fourth chapter which is a core of the thesis and deals with the copyright license agreement. In the fourth chapter, license agreement is described from its conclusion to termination (e.g. withdrawal of the agreement or unilateral termination of the agreement). Besides conclusion and termination, this chapter describes parts, purpose, subject and content of the contract. The fourth chapter also analyses obligatory and facultative terms of the license...
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Information duty in pre-contractual negotiations
Vrběcký, Matouš ; Horáček, Vít (advisor) ; Čech, Petr (referee)
Information duty in pre-contractual negotiations Act no. 89/2012 Sb., the Civil Code, has brought many changes into the private law. The new Civil Code within the frame of pre-contractual liability among other things explicitly embedded in the provision of Section 1728 Subsection 2 the so called general information duty, i. e. a duty of the contracting parties to notify each other of certain circumstances prior to the conclusion of the contract. The paper aspires to define the term and the scope of general information duty with the help of the comparison of approaches toward this duty in other states and with the help of existing judicial (both Czech and foreign) decision making. In certain aspects, documents of European Contract Law were also taken into account owing to the fact that the European Contract Law was used in the process of drafting the valid and effective Civil Code. Even though many sources were used while writing the paper, the scope of general information duty could not be definitely determined. With respect to the fact that no explicit and distinct limits of this duty are set, the main source of knowledge will be judicial decision making which should take a consistent attitude toward a complex issue of general information duty which is inseparably related to the Economic Analysis of Law....
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Agreements and contracts within copyright law
Bartošová, Kateřina ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Contractual copyright law The theme of this dissertation is the contractual copyright law. Its main purpose is to describe the most important contractual types in the area of copyright law and the most important changes that Act No. 89/2012 Coll., Civil Code, brought in relation to contractual copyright law as well. The thesis consists of nine chapters. The first chapter contains a brief overview of the most important sources of the contractual copyright law. The second chapter is focused on the copyright law and its specifics and also defines other concepts from the area of intellectual property. The third chapter deals with the impact of recodification of private law on the contractual copyright law. It is about the concrete changes, which influence the contractual copyright law significantly, both directly and indirectly. Besides other things, there are described the changes concerning licence agreement, contract for work, a new conception of a thing and adjustment of principles of the contractual law. The fourth chapter concentrates on the specifics of the transfer of author's right, or the legal prohibition of its transfer respectively. The fifth and the sixth chapter are about the legal regulation of licence agreement. The fifth chapter describes the term of licence in general and some its...
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Agreements and contracts within copyright law
Vlasák, Tomáš ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
- CONTRACTUAL COPYRIGHT LAW This theses deals with contracts in copyright law. Its main aim is to describe legal regulation concerning most frequent types of contracts in copyright law and to compare the regulation of these contracts as it was before the recodification of Czech private law, which was done by the new civil code, with the state after it and to mark out main terminological and conceptual changes, which have some connection to contractual copyright law. The work consists of eight chapters. The first chapter contains a brief overview of domestic sources of contractual copyright law. The second chapter explains some basic concepts of copyright law which have some relation to the contractual law - the concepts of authors' rights and prohibition of its transfer to other person and terms of license and consent in copyright law. In this chapter reader also finds subchapters on new legal definition of things and ownership in the new civil code and how these new definitions influence copyrighted works and license agreements. Chapters three to eight describe the legal regulation of the most important types of contracts in the contractual copyright law. The third chapter is the core of the work. It describes in detail the license agreement. It points out irregularities of contractual process in...
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Agreements and contracts withing copyright law
Stejskal, Vilém ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
CONTRACTUAL COPYRIGHT LAW This thesis is dedicated to the Czech Copyright Law, which is part of Intellectual Property Law. The core of this work is lying on description and recognition of contractual concepts of Copyright Law in Czech Republic, namely the last two Copyright Acts. The first Copyright Act was valid from 1965 till 2000. The second Copyright Act is effective since 2000. Chapter 1 covers the sources of Czech Contractual Copyright Law on different levels, from the constitutional grounds to the regulations. Chapters 2 and 3 are initial introduction to the Intellectual Property Law. It provides basic explanation of intangible property terms. Chapter 4 tries to briefly show the history and the development of the Copyright Law on the Czech territory, particularly Czech Contractual Copyright Law. Chapter 5 deals with provisions of Copyright Act 35/1965. It concentrates on contracts for the distribution of a work and contracts to produce a work. Chapter 6 is devoted to the effective czech Copyright Act 121/2000 and its provisions related to contractual law. With short notice about contract for a work done. Chapter 6 compares some important attributes of both mentioned Copyright Acts.
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