Sutarčiai sudaryti paprastai reikia, kad viena šalis pasiūlytų sudaryti sutartį (oferta), o kita šalis sutiktų su pasiūlymu (akceptas). Sutarčių įvairovėje išskiriamos vartojimo sutartys, kurios dėl silpnesnės šalies apsaugos principo įgyvendinimo pasižymi tam tikrais ypatumais. Vartojimo sutarčių sudarymas pateikiant ofertą ir akceptą yra šio magistro baigiamojo darbo objektas. Magistro baigiamąjį darbą sudaro trys dalys. Pirmojoje darbo dalyje analizuojama vartojimo sutarties sąvoka ir specifika, nagrinėjamos vartotojo ir verslininko sąvokos tiek nacionaliniu, tiek tarptautiniu lygmeniu. Antroje darbo dalyje tiriamos ofertos ir akcepto sąvokos, išskiriami jų požymiai ir ypatumai vartojimo sutartyse. Atskirai analizuojama viešosios ofertos problematika, išskiriami ofertos ir kvietimo pareikšti ofertą skirtumai. Trečioje dalyje analizuojami ofertos ir akcepto ypatumai elektroninėse sutartyse (click-wrap sutartyse, browse-wrap sutartyse). Siekiant visapusiškos nagrinėjamų klausimų analizės, darbe nagrinėjami tiek Lietuvos, tiek užsienio teisės aktai, teisės mokslininkų darbai bei teismų praktika. Šio darbo pradžioje kelta hipotezė, kad oferta ir akceptas vartojimo sutartyse turi ypatumų, lyginant su kitomis sutartimis, darbo eigoje pasitvirtina. Magistro baigiamojo darbo pabaigoje pateikiamos išvados. Darbo apimtis- 57 lapai. / For a contract to exist, usually one party must have made an offer, and the other party must have accepted it. Object of this master’s work is an offer and acceptance in the consumer contracts. Consumer contract means an agreement for goods or services concluded by a natural person with the seller not affiliated with the consumer‘s business. This master‘s work consists of 3 chapters. In the first chapter author analyses a concept of consumer contract and a concept of consumer and businessman (seller, supplier) in the national and in the international law. In the second chapter author reviews a concept of an offer and acceptance, their features and specificity in the consumer contracts. Author also examines the difference between an offer and invitation to treat (an invitation to negotiate). In the third chapter author research an offer and acceptance in the e-contracts (click-wrap contracts, browse-wrap contracts). For the best research, there was analyzed literature in Lithuanian and English, also, rules formulated by the courts and law scholars. In the end of this master’s work author draws the conclusions. This master’s work contents 57 pages.

1 Rights from defective performance in consumer contracts Abstract This diploma thesis deals with rights from defective performance in consumer contracts, with both the general regulation of the rights of defective performance in the contract between the entrepreneur and the consumer, as well as the specific rights of defective performance in this contract in the case of the purchase contract and contract for work. The thesis contains definitions of the basic subjects of consumer law, as well as legal terms, which are often associated with the application of legal rules of consumer law. Such terms are defective performance, as well as individual types of defects, or even the disputed warranty under the law or voluntary contractual guarantees provided by the seller. This thesis deals in detail with the rights of defective performance, which belongs to the buyer in case of conclusion of the purchase contract. A special focus is given to the special subsection of civil code on the sale of goods in the shop. The part of this thesis is also the definition of the term of complaint, the exercise of the right from defective performance in terms of its content, manner or form, or the work also represents the persons entitled or compulsory to complain. The thesis also solves problems with proper application of the...

This thesis deals with the rights and obligations of parties to consumer contracts, where on the one hand is the consumer and the entrepreneur on the other. The thesis focuses on consumer distance contracts. The rule of law is protecting the consumer as a weaker party, and so the legislation strengthens the consumer's position. This tendency is even more significant for distance contracts, given that the distance nature of contracting may further disadvantage consumers. The thesis is divided into three thematic sections, preceded by definitions of terms that are crucial to the chosen topic of the thesis. The individual thematic sections of the tesis are subsequently: information obligations of entrepreneurs, withdrawal from the contract and rights arising from a defective performance. The first part deals with the various information obligations of the entrepreneur with a division into the information obligations resulting from the Civil Code and then from other legal regulations. The summary of this section is a simple list of mandatory information demonstrated on the model case. The second part is devoted to analyzing a specific institute for consumer distance contracts, namely withdrawal from the contract without giving a reason within a fourteen-day period. The third part defines the rights...

The purpose of my thesis is to analyse issue of Consumer Contract Law in the Czech Republic in the context of European Law. The thesis is composed of six chapters, each of them dealing with different aspects of Consumer law. Chapter One is introductory and offers the general point of view on discussed topic, my personal motivation for choosing it. Chapter Two is divided into two parts. Part One sums up very short history of Consumer law, Part Two focuses on European consumer law and on direct influence on the Czech legislation. Chapter Three is the principal chapter in my thesis, because it defines basic terminology of Consumer Law: consumer contract, consumer and supplier. The chapter is subdivided into three parts- one part for one term. In Part One the question of creating the contract, e-shops and special contractual types according the Civil Code are also discussed. Subject is treated in the context of both Czech and European Law with relevant case law. Chapter Four is subdivided into two parts and provides an outline of relevant Czech law in the branch of Consumer protection. Part One illustrates the Consumer protection based on the Czech public law (mainly Administrative and Criminal Law). Part Two is more important for my thesis and looks at Consumer protection with respect of private law...

1 Legal regulation of content of B2C contracts (from the perspective of consumer protection) Abstract This diploma thesis is dedicated to the legal regulation of the content of the consumer contract from the perspective of the consumer. In particular, the thesis is aimed at the adjustment of the unfair terms regulation which analyses profoundly. The transposition of the European regulation and possible shortcomings are evaluated. The thesis is divided into six main chapters, which develop the topic from general basics to the specific aspects of the consumer protection against unfair terms used by the entrepreneurs. The first chapter deals with the consumer protection in general, presents the main characteristics of consumer law and outlines the most important sources of legal regulation, including constitutional principles. The second part specifies the essential definitions related to the topic and used throughout the diploma thesis. The emphasis is given to the problems associated with the concepts of consumer contracts and entrepreneurs and consumers as contractual parties. The third chapter looks id detail into the subject of unfair terms when it comprehensively deals with the general definition of unfair clauses in the Unfair Terms Directive and the Civil Code. The emphasis is given to the each...

The purpose of this thesis is to analyse in detail the issue of consumer protection within the Brussels I bis regulation, establishment of the international court jurisdiction and the question of recognition and enforcement of a judgement. The thesis concentrates especially on a different position of consumer and measures that amend his situation. The thesis is composed of 9 chapters that are further divided into subchapters and points. Chapter One is an introductory chapter focusing on a consumer and defining reasons for his protection. Chapter Two explains the topic of international private law and european international private law, including the European judicial area. Chapter Three describes the development of legislation in the area of judicial cooperation in civil matters since the Brussels convention up to the Brussels I bis regulation and mentions respective changes. The chapter also focuses on different status of certain countries within the European judicial cooperation. Chapter Four examines the subject of regulation of Brussels I bis, lists the types of jurisdictions and looks at its specifics. It also investigates the applicability of regulation from the temporal, material, territorial and personal scopes of application. Chapter Five concerns several institutes. It defines the term...

La protection du consommateur en droit international privé européen passe par les règles protectrices de conflit de lois et de conflit de juridictions spécialement conçues pour les contrats transfrontières de consommation. Ces règles contribuent au rééquilibrage du rapport contractuel de consommation transfrontière et font peser sur le professionnel la charge des coûts de l’internationalisation du contrat de consommation. Sous réserve de certaines améliorations qui pourraient être apportées, la méthode choisie par le droit international privé européen est globalement satisfaisante. En revanche, son champ d’application est trop restrictif. Avec le critère d’ « activité dirigée », le modèle européen est actuellement fondé sur la distinction entre les consommateurs passifs et actifs. Le bénéfice des règles protectrices est réservé aux premiers. Cette distinction ne doit pas conduire à l’absence de protection pour les seconds. Dans cette thèse, il est proposé d’introduire des règles protectrices au bénéfice des consommateurs actuellement exclus du régime protecteur. Cette protection ne doit pas passer par l’extension du champ d’application des règles protectrices existantes aux consommateurs actifs mais par l’établissement d’un second régime protecteur parallèle pour ces consommateurs, inspiré par l’idée de mieux encadrer l’autonomie de la volonté et d’atteindre un bon compromis entre la protection du consommateur et le respect des intérêts du professionnel. / Consumer protection in European private international law is carried out through protective choice-of-law and jurisdiction rules which are specially designed for cross-border consumer contracts. These rules help balancing the bargaining power and make the professional bear the internationalization cost of consumer contract. With some improvements which should be brought to the existing rules, the method used in European private international law in matters relating to consumer contracts is generally satisfactory. On the other hand, its scope is too narrow. With the criterion of "directed activity", the European model is based on the distinction between passive and active consumers. Only passive consumers are covered by the protective rules. This distinction must not lead to the lack of protection for active consumers. In this thesis, it suggests that European private international law provide protective rules for consumers currently not covered. However, the protection must not be carried out by extending the scope of existing protective rules to active consumers but by establishing a second set of protective rules inspired by a better regulation of freedom of contract and a good compromise between professional’s interests and consumer protection.

This diploma thesis deals with the content of the consumer contract and its regulation from the perspective of consumers. The aim of this thesis is to analyse this particular regulation, decide whether it is sufficient, where can be seen some deficiencies and whether the regulations fulfil its function, that is to protect the weaker party. The thesis is divided into five fundamental parts. The first one is concerned with the introductory issues, such as the consumer itself, consumer protection, why is the consumer actually protected, the principles on which is the protection based. The second part looks into the unfair terms in consumer contracts. The emphasis is placed on problematic provisions with respect to the Court of Justice case-law as well as the national case-law. An independent head is devoted to the possibility of the contractual penalty in terms of trade. The third section deals with contractual information requirements. It summarizes the European regulation. It also compares the preceding regulation with the new one in order to find the current tendencies. The contractual information requirements are viewed critically, based on specialized comments and analysis. The national regulation is divided into the general regulation and consumer regulation considering the difference between...

Consumer law is harmonised at European Union level, however, even though there are still differences in the legislation of individual states. The aim of this thesis is to describe and compare the Czech and Spanish legislation relating to consumer distance contracts and contracts concluded away from business premises. The thesis is divided into four chapters that firstly analyse the issue in both countries separately, and then provide a partial comparison. The thesis deals with an overview of the sources of consumer law, consumer policy institutions and organisations, definitions of basic concepts relating to consumer contracts, the general rules relating to all consumer contracts and at the conclusion with specific conditions that must be followed when concluding distance contracts and contracts away from business premises.

The main purpose of diploma thesis - Consumers protection during the process of contracting - was to analyze the consumer protection legislation at national level and European level. Thesis deals with consumers protection during the process of contracting in Czech Republic with closer focus on distance contracts and off-premises contracts. The general part of thesis provides a comprehensive insight into the private, public and European regulation of consumer law, as well as it summarizes basic concepts and consumer contracts more in detail. Two chapters of the general part are devoted to the distance contracts and to the off-premises contracts. Analytical part of thesis is based on quantitative research made by me. These results are compared with the results of two European surveys (Eurobarometers). The aim of the research was to define the attitude of Czech consumers to the consumer law, protection of the consumer rights and also find out more about their approach within the distance contracts.