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Unilateral changes in commercial terms
Sagan, Klára ; Horáček, Tomáš (advisor) ; Eichlerová, Kateřina (referee)
Unilateral changes in commercial terms Abstract The subject of this thesis is the issue of unilateral changes in commercial terms in B2C relations, both in general legislation and in sectoral legislation, specifically in the Energy Act. The thesis aims to reveal the gaps in the legal regulation and at the same time to fill these gaps or to offer alternative solutions. The thesis is divided into five chapters. The first two chapters represent the theoretical framework necessary for the following parts of the thesis. The first chapter is devoted to commercial terms as a means of standardization and rationalization of legal relations, in particular their concept in Czech legal system, which is crucial for dealing with related institutes, including unilateral changes. The chapter also briefly discusses the conditions of incorporation of standard terms into a contract as a prerequisite for subsequent amendment of commercial terms. The second chapter defines terms that I consider to be important in relation to unilateral changes to commercial terms. The third chapter finally opens up the issue of unilateral changes in commercial terms from a general point of view. It discusses the systematic classification in the Civil Code (CC), the adherence of the term and the development of the institute. The most important...
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Comparison of the Czech and French Consumer Law with emphasis on Distance contracts and analysis of the relevant French Legal terminology with a glossary
KADLEC, Jakub
The aim of this bachelor thesis is to perform a comparative analysis of Czech and French Consumer law in terms of its legal regulation with an emphasis put on distant contracting. The second objective is to provide a linguistic analysis of French legal terminology and to elaborate French-Czech glossary. The thesis is divided into five main chapters which are internally divided into subchapters. First chapter presents a term Consumer law and its principal characteristics. Second chapter is dedicated to Consumer law in Czech Republic and its legal regulation. Third chapter deals with legal regulation of Consumer law in France. Fourth chapter is focused on comparison of Czech and French legal regulation of Consumer law. Fifth chapter contains a linguistic analysis of French legal terminology and French-Czech glossary. The thesis ends with a conclusion and a summary in French.
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Nekalé obchodní praktiky při distančním sjednávání spotřebitelských smluv
Řezníčková, Nikola
This bachelor thesis deals with unfair business practices used by entrepreneurs towards consumers when negotiating consumer contracts by distant communication. The research part is primarily dedicated to such issues legal regulatory and consumer rights defending organizations. The analytical part is dedicated to specific examples from common practice, on which basis the final recommendation is made to minimize consumers undesirable economic impacts and the risks associated with making of contracts in distant manner.
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Current issues of consumer protection in electronic communication
Černá, Milena ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
Consumer protection is an issue affecting a very broad group of citizens of the European Union. EU reflects customer protection in all its policies. I have focused on electronic communication because of my work experience in that field. In my thesis I am trying to compare my experience with valid legislation. In addition, electronic communication services are used by European consumers every day widespread through society. I have tried to follow the development of EU legislation in electronic communication sector focusing on consumer protection. This topic is very closely connected with price regulation and the whole situation on the electronic communication market. My goal is to define main problems of legislation by using case law and my knowledge from practice. In the first chapter of my thesis, I focus on general consumer protection in EU, which is applicable to all contracts concluded by consumers (unfair terms, contracts negotiated away from business premises etc.). I am pointing out issues I encountered in practice. I also compare implementation of EU legislation by EU member states. Second chapter of my work is concerned with EU regulatory framework of electronic communication valid from 2003 to 2009. I aimed at legislation related to consumer protection. I focused on main problems of the...
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Consumer in Contracts Concluded on the Electronic Communications Market.
Martiška, Daniel ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Title Consumer in Contracts Concluded on the Electronic Communications Market. Abstract This diploma thesis Consumer in Contracts Concluded on the Electronic Communications Market deals with issues that every consumer might be interested in. Its aim is to make the reader familiar with the de lege lata status focusing on the protection of the rights of the distance contracts participants being consumers. Further, the dissertation deals with its intended amendment having been initiated by the Czech government and the de lege ferenda status. There is also a consideration whether the current level of regulation in place resulted from the act, the regulator and the EU has not exceeded a certain rational limit - in which case it would mean that the regulation itself has become non-efficient and could be regarded as a large further development barrier. The dissertation also involves and mentions the most characteristic institutes which can be found in concluded contracts, e.g. contractual penalty, unilateral changes made by contract provider or withdrawal from the agreement. Such institutes - which cannot be construed as consumer friendly - are sometimes overused by the service providers and thus make the consumers unsatisfied and indignant. As a source for the thesis, I used both domestic and foreign legislation,...
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Ochrana spotřebitele u smluv uzavíraných distančním způsobem
Burešová, Michaela
The thesis deals with consumer protection in contracts concluded without a personal contact of the parties. The thesis is divided into two parts, literary research and the main body. The literature review focuses on the historical development of legislation regarding consumer protection and current legislation of consumer protection. We can also find basic contract information and contracting rules here. Furthermore, the literature research contains issues related to consumer contracts, contracts concluded in a distance manner, consumer organizations and GDPR. The main body deals with the comparison of consumer contracts and illustrative cases, which are conceived both from the legal and economic point of view. It is also devoted to analysis and primary research, which was conducted through a questionnaire survey. In conclusion, we can find recommendations for consumers and entrepreneurs, who use such contracts.
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Distance contracts and contracts concluded out of business premises
PETROVÁ, Michaela
The main aim of my bachelor thesis is to define main terms and to analyse legislation which is related to distance contracts and contracts concluded out of business premises. The legislation which is deal with these types of contracts are especially The new civil code and Consumer protection act. These regulations have been created for protection of weaker side. The aim of the practical part is to find out consumer´s experiences with concluding these types of contracts through the research by the questionnaire.
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Legal modification of selected consumer contracts
Nováková, Michaela ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Development of consumers' protection issue dates back to 1970s but real beginning of the issue is considered to be at the turn of 1980s and 1990s. Ever since then has this area gone through dynamic development. The main reason behind that is fact that consumer contracts became everyday reality of our life (when buying goods, using public transportation or eating in restaurants). Another reason is unfair or even abusing behavior of businessman towards consumers. Thus main purpose of consumer's law is setting up of balance that is disrupted by economic strength and supremacy of businessman over consumer. That is achieved primarily by binding legal enactment. Securing protection of consumers from point of view both private law and public law including definitions of consumer, businessman and consumer contract is described in chapter number four and six. Consumer law isn't privilege of civil law only. Whole sphere of consumer law overlaps into commercial law, administrative, criminal and European law as well. Numerous legal acts, public notices, regulations and orders that more or less regulate consumer law are the evidence. Consumer law is strongly affected by European legislation - especially by secondary sources of law (directives). Both evolution and sources of law are described in chapter number...
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Business contracts with consumers
Kozáková, Dominika ; Liška, Petr (advisor) ; Patěk, Daniel (referee)
Thesis title: Business contracts with consumers The objective of this thesis is to analyse current legislation in Czech Republic regarding consumer law, especially business contracts concluded with customers. The main objective of this thesis is the assessment of selected provisions of the consumer legislation from entrepreneur's view and analyse whether the consumer protection provisions in question are justified and not unreasonably limiting for the entrepreneur. The thesis is divided into 5 main chapters. Each of them deals with selected aspects of the topic in question. For the completion of the thesis were used domestic and foreign resources, especially legislation, specialised literature and the case-law. First chapter is introductory and contains my reasons and motivation for the choice of the thesis topic. Second chapter briefly summarizes world history of consumer law and history of consume law in Czech Republic. The focus is mainly on putting the Czech consumer law into context with European Union consumer law, because it is primarily based on it. The aim of the third chapter is to carefully define the main terms of consumer law which will be used in the whole thesis. The fourth chapter is the most comprehensive and forms the core of the entire thesis. It is divided into four thematic...
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International Internet Law and Jurisdiction in Internet Related Disputes
Nováková Krajcová, Barbora ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Poláček, Bohumil (referee)
© JUDr. Barbora Krajcová Mezinárodní internetové právo a příslušnost soudu v internetových sporech ABSTRACT The aim of this dissertation thesis is to provide an analysis of International Internet Law from an electronic commerce and, in particular, procedural law perspective. The author focuses on questions relating to jurisdiction which are, according to the author's opinion, specific and controversial to electronic commerce cases. Other questions of procedural law, such as, for example, recognition and enforcement of judgments, are not analyzed in this thesis, since the author does not see any specific issues with these questions in connection with electronic commerce. The Chapter No. 1 in the theoretical portion of this dissertation thesis refers to internet as medium operating electronic commerce. The Chapter No. 2 reflects key and basic terms, contains, inter alia, definition of electronic commerce. However, this thesis analyses questions of jurisdiction the Chapter No. 3 analyses also substantive law relating to electronic commerce and the basic terms used throughout this thesis. Due understanding of substantive law (from an EU law perspective; the e-commerce directive and from an international law perspective; the UNCITRAL Convention on Use of Electronic Communications in International Contracts) its...
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