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Completion of work and rights and duties resulting from defective work
Kohoutová, Lenka ; Štenglová, Ivanka (advisor) ; Eichlerová, Kateřina (referee)
Completion of work and rights and duties resulting from defective work This thesis focuses on the analysis and description of selected aspects of a contract for work which are completion of work and rights and duties resulting from defective work. The selected aspects are dealt with in this thesis according to their regulation after the recodification of civil law in Act no. 89/2012 Coll., the Civil Code. This new legislation is analyzed and at the same time compared with the legislation from which it partly arose and that was abolished by the Civil Code, i.e. Act no. 40/1964 Coll., the Civil Code, as amended, and Act no. 513/1991 Coll., the Commercial Code, as amended. The goal of this thesis is to analyze the current legal regulation of the selected aspects of a contract for work and compare it with the previous legislation, then to briefly summarize some conclusions drawn from existing case law in this area, consider comprehensibility and applicability of the new legislation in question, make some recommendations to parties concluding a contract for work and submit several proposals for a modification of the legislation de lege ferenda. The thesis is composed of five chapters, each of them dealing with different aspects of the new legislation of a contract for work as it is regulated by the Civil...
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Completion of work and rights and duties resulting from defective work
Kohoutová, Lenka ; Štenglová, Ivanka (advisor) ; Eichlerová, Kateřina (referee)
Completion of work and rights and duties resulting from defective work This thesis focuses on the analysis and description of selected aspects of a contract for work which are completion of work and rights and duties resulting from defective work. The selected aspects are dealt with in this thesis according to their regulation after the recodification of civil law in Act no. 89/2012 Coll., the Civil Code. This new legislation is analyzed and at the same time compared with the legislation from which it partly arose and that was abolished by the Civil Code, i.e. Act no. 40/1964 Coll., the Civil Code, as amended, and Act no. 513/1991 Coll., the Commercial Code, as amended. The goal of this thesis is to analyze the current legal regulation of the selected aspects of a contract for work and compare it with the previous legislation, then to briefly summarize some conclusions drawn from existing case law in this area, consider comprehensibility and applicability of the new legislation in question, make some recommendations to parties concluding a contract for work and submit several proposals for a modification of the legislation de lege ferenda. The thesis is composed of five chapters, each of them dealing with different aspects of the new legislation of a contract for work as it is regulated by the Civil...
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Contract for work
Poláček, Marek ; Uhlík, Milan (advisor) ; Pavla, Pavla (referee)
In the thesis Contract for work in the theoretical part is described statutory regulation of the contract for work. There are explained basic concepts related to the contract for work. The thesis deals with the comparison of the current legislation contained in the Civil Code and the earlier legislation contained in the original Civil Code and in the original Commercial Code. The practical part is focused on a specific court proceedings in The District Court Pilsen north. The causes of disputes are investigated. On specific causes the most often mistakes of the participant are demonstrated. The mistakes of participants are analysed with regard to subsequent court decisions. From the mistakes found is evident that the parties enter into a contractual relationship uninformed and unaware of the possible consequences related to the conclusion of the contract. They underestimate the possible consequences associated with the fulfillment of their obligations. The aim of the thesis is mainly to highlight the risks associated with contracing for work. The insufficiencies of contracts can lead to a hard enforceability of law. In conclusion of the thesis there can be find recommendations how to avoid mistakes when contracting for work and how to prevent lawsuits. If it comes to the lawsuit there is a recommendation how to succeed. The thesis is proposing how to eliminate the shortcommings of the current legislation regarding the contracts for work.
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