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Mezinárodní kupní smlouva / International sales contractRada, Karel January 2014 (has links)
International sales contract - Summary The topic of this thesis is an international sales contract. The aim of this thesis was to outline various ways of regulation of international sales contracts. Particular attention was paid to the United Nations Convention on Contracts for the International Sale of Goods and the emerging European legislation Common European Sales Law. The thesis is divided into three main parts. The first part provides insight into the history of the concept of contracts of sale and the definition of this term in Roman law. Following is a brief description of modern regulations on sales contracts. Also an international element is defined in the international sales contracts and basic elements of choice of law rules are discussed in the next section. The last section of this part is devoted to individual regulations regarding international sales contracts. These regulations are divided according to their origins into national regulations, international regulations, norms and rules of European law and the rules of international business transactions - lex mercatoria. The second part of this thesis deals exclusively with the United Nations Convention on Contracts for the International Sale of Goods, which is the most successful international treaty in the area of international sale of...
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Úprava prodeje nemovitostí - komparace dle současného občanského zákoníku a dle návrhu nového občanského zákoníku / Legal regulation of sale of property: comparison of current civil code and the proposed new wording of Civil CodeMatzner, Jan January 2012 (has links)
The topic of this thesis is a comparison of current legal regulation of property sale and its future modification, according to the wording of the new Civil Code. In the individual chapters are respectively described the most crucial aspects of this area in a perspective of current Civil code and the wording of the proposal, including evaluation of potential impacts of the changes to law practice. At the beginning of this work are definitions of main terms of property law, especially definition of the property itself, as it is being subject to quite essential changes in the new Civil Code. Single chapter deals with the rule "superficies solo cedit," which is intended to be renewed. Apart from the short summary of origin and development of this principle, this passage focuses primarily on the reasons, which led our legislatives to abandon this rule in 1950's and subsequently identifies reasons for its present reinstallation. There is description of the process of property sale in the following chapters. It consists of two separate parts, a property law and obligation law aspects. The key issue of the property law part is the role of the Land registry. The ownership of the transferee must be registered there in order to successfully complete the transfer. The new regulation brings several changes in...
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Kupní smlouva v mezinárodním obchodním styku / The sales contract in international business transactionsMasařová, Barbora January 2012 (has links)
The topic of my diploma thesis is "The sales contract in international business transactions". The development of international trade is currently thriving, as evidenced by the fact that the significance of the international trade in the Czech Republic continues to grow. The reason I chose this topic is that the international sales contract is one of the most important contract in the field of international trade and I decided to expand my knowledge on that field. The diploma thesis analyzes the international sales contract in relation to the historical development of the term international sales contract, to its definition, legislation and unification efforts in the field of international sales contract legislation. The diploma thesis is structured into three chapters. The first chapter is devoted to the term sales contract in international business transactions. It contains the basic characteristics of the sales contract in Czech law, the characteristics of the term international business transactions and the largest part of this chapter is concerned with the historical development of the international sales contract and United Nations Convention on Contracts for the International Sale of Goods, as the basic legislation in relation to the international sales contract. The second chapter is...
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Mezinárodní kupní smlouva / International sale contractKoričanská, Marie January 2012 (has links)
The purpose my thesis is to analyse the substantive and temporal scope of application of selected general binding rules governing the international sales contract and to analyse their mutual relations. The work is composed of six chapters, each of them dealing with a different issue of international sales contract. The first chapter deals with the definition of the term international sales contract in view of the practical and theoretical understanding, because the definition of an international sales contract has its own specifics in contrast to the definition of a sales contract in Czech law. The second chapter discusses the basic approaches of legal regulation in private international law and outlines the basic advantages and disadvantages of specific approaches of legal regulation in private international law in view of the international sales contract in this section. I put this chapter into my work for the better understanding and orientation of reader in issue of general regulation of international sales contract. The third chapter deals with the substantive, temporal and personal scope of application of the Czech Act on Private International Law in view of the international sales contract. The fourth chapter discusses the substantive, temporal and personal scope of application of the Rome...
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Mezinárodní kupní smlouva / International Sales ContractVošahlík, Petr January 2013 (has links)
The objective of this thesis is to frame the scope of application of the Vienna Convention on the International Sale of Goods and other instruments of private international law relating to the international sales contract. In this field the gaps in the Vienna Convention are analysed and methods to fill them are explored. The first chapter introduces the key terms of international trade law. First, the types of legal provisions are listed and then the sales contract is defined under both, the Czech law and the Vienna Convention. In the second chapter I focus on the overview of the development of international uniform sales law and on further sources of law, which are important for international transactions. Besides the Convention itself, I study the Rome I Regulation, the uniform principles of international contract law and the Common European Sales Law. The third chapter advances to the core of the thesis, the gaps in the Vienna Convention. After defining the gaps and characterising them, I formulate the basic principles underlying the Convention, which are to be used to fill the internal gaps. In the last, fourth chapter I selected three gaps in the Vienna Convention: interest rate, set off and the form of the contract. One by one, I explain their nature and all approaches to the gap-filling with...
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Mezinárodní kupní smlouva: uzavírání mezinárodní kupní smlouvy podle Videňské úmluvy OSN o smlouvách o mezinárodní koupi zboží / International sales contract: formation of internationals sales contract under the CISGGavrilova, Iva January 2013 (has links)
The topic of this thesis is the international sales contract and its formation under the United Nations Convention on Contracts for the International Sale of Goods (CISG or the Vienna Convention). The Vienna Convention is the most significant and widely used legal instrument governing the international sales contract. The aim of this thesis is to highlight interesting aspects of the contract, carry out a deeper analysis of the regulation contained in the Vienna Convention, and to point out and clarify problematic areas. The thesis is composed of two major parts, with the first part essential to the understanding of the second. The first part deals with the basic provisions of the Vienna Convention. It briefly describes its creation, then its sphere of application. Within this part the term "international sales contract" is defined and distinguished from its domestic counterpart and also from the contract for services. The term "goods" is discussed in the context of this regulation. It then deals with the consequences of freedom of contract, the issue of gaps in the regulation and their filling and the interpretation of the regulation. Finally it discusses the question of trade usages, when the CISG differentiates between the usages and practices established between the parties on the one hand and...
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Právní úprava kupní smlouvy v mezinárodním obchodním styku / Legal regulation of a sales contract in international business transactionsSvobodová, Iveta January 2014 (has links)
The topic of this thesis is a legal regulation of sales contract in international trade. Because of the scope of this work is purchase agreement in a trade, the scope of these diploma does not represent consumer sales (contract of sale between a business and private person who is not acting in the course of his or her business). To better understanding all relations in this thesis, is necessary to explain certain specifics, which are arising from this work. The first parties of this sales contract could be only business persons (undertakers), they are having their "places of business in different states." The second the notion "place of business in different states" means here is going about international contract of sale and so represents subjective aspect of international purchase agreement. Conception of international sales contract in the view of this subjective aspect enforcemented in all legal rules, which regulate international purchase agreement. The thesis is composed of three chapters and eighteen subchapters and provide so quite detail view on the legal regulation of sales contract. Chapter one consists of six subchapters and focuses on general questions, which relate to sales contract in international trade. The first is determined the notion of purchase agreement view in respect of...
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Platební a dodací podmínka v mezinárodní kupní smlouvě / Payment and delivery conditions in international sales contractJindrová, Radka January 2010 (has links)
The first chapter of the thesis generally deals with international sales contract (legal regulations, concluding contracts, substantial and unsubstantial terms, execution of contract). The second chapter defines the main payment conditions and two types of risk (credit risk and exchange rate risk). The third chapter focuses on delivery conditions, especially on brand new edition of ICC trade terms INCOTERMS. This chapter mentions also questions of insurance. The final chapter analyses three international sales contracts and their terms. The analysis focuses on payment and delivery conditions, the two important terms with impact on price and the whole transaction.
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Kupní smlouva podle amerického práva / Sales Contract in American LawDufková, Marie January 2010 (has links)
The goal of this thesis is to discover differences in regulation of sales contracts in Anglo-American and Continental legal system. The thesis looks for and compares distinctions between regulation in Uniform Commerical Code adopted in most of the states of the USA that represents the Anglo-American System, and Louisiana Civil Code which was chosen by the author thanks to its strong link to french Code Civil as a representative of Continental System. The author analyzes differences in definition of sales contract, the process of its formation, she looks at the question of passage of title and passage of risk, furthermore she deals with rights and obligations of seller and buyer. Eventually, she summarizes the distinctions found.
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Mezinárodní kupní smlouva: Princip dobré víry podle Vídeňské úmluvy OSN o smlouvách o mezinárodní koupi zboží / International Sales Contract: The principle of good faith under the United Nations Convention on Contracts for the International Sale of GoodsVečeřa, Matěj January 2018 (has links)
60 Abstract The thesis is called International Sales Contract: The principle of good faith under the United Nations Convention on Contracts for the International Sale of Goods. The aim of the thesis was to outline the position of good faith in international trade together with a reference to its conception in different legal systems with special focus on continental and common law. The main aim of the thesis was to analyse the good faith principle under the United Nations Convention on Contracts for the International Sale of Goods (CISG). The author is trying to offer a theoretical basis for the realization of this analysis through the whole thesis. In doing so, the thesis describes, inter alia, historical development of the good faith principle under the CISG, related geopolitical problems and finally a comparison of the good faith principle under the CISG with other documents dealing with international trade is also included. In analysing the good faith principle under the CISG, the author focused mainly on the issue of different concepts and interpretations of this principle with an emphasis on the precise function of the good faith principle based in Art. 7 (1) of the CISG. The thesis was realized by using a descriptive method since the author used information obtained chiefly from the doctrine and...
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