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Effectiveness of Security of Obligations
Strmisková, Kateřina ; Štraitová, Marcela (referee) ; Musilová, Helena (advisor)
The topic of my diploma thesis is the effectivity of provison of contracts. The aim is, on a general level, to outline a basic view of all the provisory institutes that are currently offered within the Czech system of law and my attempt is to find the most effective one of them. In the theoretical part I focus on contractual relationships, different kinds of them as well as reasons of their origination. The practical part analyzes particular ways of provision of contractual relationships and their effectiveness. Criteria of the evaluation, findings obtained and realization of the set aims will be presented at the end of my thesis. When analyzing contractual relationships and ways of their provision I mostly follow enactions of the civil and commercial codes and subsidiary case laws.
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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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Other manners of extinction of obligations
Schwarzová, Aneta ; Lederer, Vít (referee)
Resumé This diploma thesis provides a basic insight into the issue of extinction obligations. In the first part, the author focused on the principles of the law of obligations, definition of related terms, legal enshrining and, in general, the origin, change and termination of the obligation. Subsequently, the thesis deals in general with the extinction of obligations. Furthermore, the author focused on selected ways of some of the other manners of extinction of obligations. These institutes are analyzed in more detail - set-off, withdrawal from contract, termination of an obligation and subsequent impossibility of performance. For the sake of clarity in reading the texts, the individual institutes are prepared according to the same outline - general introduction, admissibility, realization, effects and the final subchapter. In this subchapter, the thesis deals with some specifics that can be mentioned in connection with the institute and also how the institutes are used in their interpretation and application in specific situations. The thesis highlights some of the pitfalls of application practice. In addition to outlining the problem, the author tries in some cases to find a solution or to evaluate the current situation and the development of the problem in the future. Partial outcomes of this thesis...
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Other manners of extinction of obligations
Schwarzová, Aneta ; Lederer, Vít (referee)
Resumé This diploma thesis provides a basic insight into the issue of extinction obligations. In the first part, the author focused on the principles of the law of obligations, definition of related terms, legal enshrining and, in general, the origin, change and termination of the obligation. Subsequently, the thesis deals in general with the extinction of obligations. Furthermore, the author focused on selected ways of some of the other manners of extinction of obligations. These institutes are analyzed in more detail - set-off, withdrawal from contract, termination of an obligation and subsequent impossibility of performance. For the sake of clarity in reading the texts, the individual institutes are prepared according to the same outline - general introduction, admissibility, realization, effects and the final subchapter. In this subchapter, the thesis deals with some specifics that can be mentioned in connection with the institute and also how the institutes are used in their interpretation and application in specific situations. The thesis highlights some of the pitfalls of application practice. In addition to outlining the problem, the author tries in some cases to find a solution or to evaluate the current situation and the development of the problem in the future. Partial outcomes of this thesis...
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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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Business secret in business transactions
Jakl, Jan ; Eichlerová, Kateřina (advisor) ; Rozehnal, Aleš (referee)
The main purpose in writing this work was therefore to analyze whether the trade secret belongs to assignable and transferable type of intangible asset law and whether it could be effectively protected. The author of this work has been himself asking questions: first of all what actually is trade secret? And is it possible transfer or cede it? And if it is possible is also possible to protect this intangible asset sufficiently in course of this transaction? The author came to conclusion that trade secret falls within the scope of intellectual property, same as patent, trademark, copyright, though trade secrets are more difficult to transfer and protect then other kinds of intellectual property while they are neither formalized nor well documented. And most of all they supposed to stay hidden forever. The property right in a trade secret is determined by the fact the owner protects its trade secret from disclosure to third parties. On the other hand in order for a valid transaction to take place trade secret must be first of all adequately identified. Above mentioned shall be taken into account while writing various types of contract that could be used for transferring of ceding of trade secrets i.e. license agreement, the contract on transfer of business share, contract for work, contract on lease...
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The Determination of Governing Law in the Absence of Choice in Selected Obligations in the Czech Republic and in the United States
Chvosta, Ondřej ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
rigorózní práce v anglickém jazyce: This thesis compares the determination of governing law in selected obligations in the Czech Republic and in the United States. This comparison is made against the background of two principles: legal certainty (typical for the Czech Republic) and Equity (typical for the United States). Chapter one discusses the different approaches to private international law in the two countries, and discusses the relationship between Equity and Legal Certainty. Chapter one also discusses the applicable sources of law. Chapter two compares the different approaches to choice of law in contractual obligations. The choice-of-law rules of relevant Czech and European statutes are analyzed in detail. Furthermore, the American approaches to choice of law are introduced and examined, namely: the First Restatement approach, Currie's Interest Analysis, the Second Restatement approach, the Better Law Approach, and the Significant Contacts Approach. Chapter three is analogical to chapter two, but it focuses on non-contractual obligations (Torts). The focus of this chapter is EU Regulation Rome II and the particularities of the First and Second Restatements and Currie's Interest Analysis when applied to torts. The conclusion summarizes the author's main ideas and opinions.
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Effectiveness of Security of Obligations
Strmisková, Kateřina ; Štraitová, Marcela (referee) ; Musilová, Helena (advisor)
The topic of my diploma thesis is the effectivity of provison of contracts. The aim is, on a general level, to outline a basic view of all the provisory institutes that are currently offered within the Czech system of law and my attempt is to find the most effective one of them. In the theoretical part I focus on contractual relationships, different kinds of them as well as reasons of their origination. The practical part analyzes particular ways of provision of contractual relationships and their effectiveness. Criteria of the evaluation, findings obtained and realization of the set aims will be presented at the end of my thesis. When analyzing contractual relationships and ways of their provision I mostly follow enactions of the civil and commercial codes and subsidiary case laws.
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Changes in new Civil code, considering contract of purchase and contract for work
BUREŠOVÁ, Eliška
This thesis examines changes in new Civil code, considering contract of purchase and contract for work. Primary aim of this paper is to compare changes in contract of purchase and contract for work legislation, which are both parts of new Civil code and Commercial code. Secondary goal is to discuss new Civil code in general, describe contract of purchase and contract for work, as they are both most common types of contract, then compare business-legal legislation of those contracts in comparison to legislation of new Civil code. At the end changes in both contract types legislation will be analysed.
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Innominate Contracts in Business Relations
Horčicová, Iva ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
Diploma thesis Innominate Contracts in Business Relations deals with a legal basis of innominate contracts in the Czech private law. It focuses mainly on so the called Modern innominate contracts. The purpose of the thesis was to answer whether leasing, factoring and franchising contracts should be codified. Consequently, it aimed to prove or disprove that the Czech legal regulation does not reflect the recent developments in business environment. The thesis is divided into two parts. In the first chapter an analysis is carried out on the legal regulation of innominate contracts in the Czech business law, civil law, labour law and international private law. The legality of innominate contracts and the applicability of an analogy is discussed in this part. Based on the Czech legal regulations and court decisions it was concluded that innominate contracts were valid and that courts may use analogy when deciding on civil or commercial contracts. The second chapter deals with the contents of leasing, factoring and franchising contracts. It concludes that there are reasons against the codification of the above mentioned contracts. The content of an operating leasing agreement very much resembles a rental contract which might be used for this kind of leasing contract.A leasing purchase contract does not present any new answers to issues which had already been dealt with by court decisions. The substance of a factoring contract -- assignment of a receivable is already regulated by the Civil Code. A franchising agreement involves parts of many types of codified contracts and interlocks with multiple legal areas. Moreover, all the above mentioned contracts are challenged by a fast pace of development therefore a codification could hamper the progress or it could become obsolete. Based on the above mentioned facts the thesis concludes that leasing, factoring and franchising contracts should not be codified in the Czech private law as separate contract types and therefore disproves the primary proposition of this thesis and subsequently infers that the Czech legal regulations do not reflect a recent business development.
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