Consensualism (Lat. Consensus ad idem – agreement to the same thing, common opinion) means that the will of contracting parties is regarded to be the most important in a contract in contract law. Due to this reason mutual rights and duties can be set only by the actions of capable contracting parties. The principle of consensualism is at the core of Contract law. It claims to regard the intentions and the will of the parties rather than certain parts of a contract, while interpreting the contract. In cases where during the interpretation of contracts differences between the real intentions of the parties and the meaning of linguistic text of the contracts occur, priority should be given to the general and genuine intentions of the contracting parties. In this case formalism is negated, while formalism, being contrary to consensualism, instead of giving the priority to the will of parties, gives it to the outward form of that will’s expression. Despite formalism in contract law occurs more seldom nowadays, in some cases it is not enough for contracting parties just to come to an agreement in order to have a valid contract. Sometimes the certain form of its expression is needed too. This diploma work deals with peculiarities of the principle of consensualism in contract law. The main aspects discussed in the paper are: the importance of the principle of consensualism interpreting the contracts within the Continental and Common law systems, relation between consensualism and... [to full text]

The problem of analyzing concurrent systems has been investigated by many researchers, and several solutions have been proposed. Among the proposed techniques, reachability analysis—systematic enumeration of reachable states in a finite-state model—is attractive because it is conceptually simple and relatively straightforward to automate and can be used in conjunction with model-checking procedures to check for application-specific as well as general properties. The system validation problem considered here is the problem of verifying that the original specification is itself logically consistent. If, for instance, the specification has a design error, an implementation is expected to pass a conformance test if it contains the same error. A validation for the logical consistency of the system, however, must reveal the design error. An automated analysis of all reachable states in a distributed system can be used to trace obscure logical errors that would be very hard to find manually. This type of validation is traditionally performed by the symbolic execution of a finite state machine model of the system studied. The author presents an overview of the existing validation techniques and methods. Specified and analyzed systems are presented as reachable state graph. The implementation of the aggregate specifications validation system is also presented.