The relation between the attorney at law and the client based on the mandate contract Lucie Čabanová The purpose of this thesis was to describe the relation established between the attorney at law and his client under the mandate contract regulated by the Commercial Code. However certain rights and obligation arise also from the Advocacy act and from professional regulations and these rules are special, so they have priority over the mandate contract. There are also other circumstances under which the relation between the attorney at law and his client may occur, i.e. the attorney at law may be appointed by the decision of a court or assigned by the Czech bar association. In this thesis I concentrate mostly on the mandate contract, rights and obligations arising from it but I also mention some rules relating to the other ways of creating the legal relation between the attorney at law and the client. The relation, which comes into being, has very specific nature and although it may seem at first glance as purely economic it is also characterized by number of social, ethical and personal ties. This thesis is composed of four chapters. Chapter one is introductory and explains some crucial notions such as attorney at law, european attorney at law, client and the legal frame within which the attorney at...

Contract of donation may be considered as one of the most common contractual type of the civil law that everyone can meet in everyday life. On the opposite its present legislation in the Civil Code represents one of the briefest ones in comparison with other contracts regulated there. Not only for this reason problems while interpretation appear, especially with respect to the special legal institute of return of the gift which gives the donor the right to revoke the gift under certain circumstances. The aim of this thesis is to provide its reader the comprehensive view of the contract of donation and subsequently return of the gift itself not only from the viewpoint of the civil theory but also from the perspective of judicial practice when it is impossible to dispense with it given the concise legislation. It is not an easy objective particularly when it comes to the institute of the return of the gift that is defined in only one provision of the Civil Code which provoked just from the beginning of its existence a number of consideration and discussion among professional public over some controversial matters; there is no need to mention that suggested solutions diverge. Then there is also important role of practice of the courts that attempts to interpret the undefined terms, but it is similar as...

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...

The purpose of this thesis is to try to provide comprehensive analysis of the recent legislation of contract for the assignment of a claim, compare it with former legislation, critically evaluate changes that new civil code bought to contract for the assignment of a claim and find solutions for selected legal problems that acceptance of current legislation brought to experts. The thesis is systematically divided into seven chapters. First chapter briefly define the concept of obligation and is dedicated to changes in subject of obligations based on the will of the parties. The second chapter analyses the historical development of assignment of a claim. In first part attention is paid to genesis of Roman law cessio, in later parts it analysis civil codes effective in Bohemia which contained legislation of assignment of a claim. The third chapter is devoted to subject of assignment of a claim. It analysis what can be assign and what cannot be assign. Special attention is dedicated to assignment of future claims and assignment of group of claims. The fourth chapter is devoted to contract for assignment of a claim. It analysis form of contract for assignment of a claim and essential aspects of this kind of contract. The fifth chapter is devoted to parties of contract for assignment of a claim. It...

La qualification du contrat au regard du droit d’auteur met en exergue un renversement de la logique présidant habituellement à la construction des catégories contractuelles : les divers contrats nommés et, au-delà, tous les contrats d’auteur, sont moins définis par égard à leurs effets, à savoir le transfert de droit et les obligations qui en sont la contrepartie, que par référence à leur environnement. En effet, alors que l’effet translatif est commun à tout contrat d’auteur, sa qualification dépend avant tout de son environnement « matériel », c’est-à-dire du type d’oeuvre de l’esprit ou de droit d’exploitation visés au contrat, ou de son environnement humain, c’est-à-dire la qualité des parties, notamment celle d’auteur. À l’inverse de la qualification du contrat au regard du droit d’auteur, celle du contrat d’auteur au regard du droit civil dépend plus de ses effets que de son environnement, ce qui s’avère logique dès lors que les catégories contractuelles du code civil ne sont pas définies en fonction de ce dernier. Dès lors que la nature du droit d’auteur ne constitue pas un obstacle aux qualifications civiles, les effets du contrat constituent les seuls critères de distinction opératoires. Lorsque l’obligation d’exploiter ne peut être réduite à une obligation accessoire, la qualification de vente ne peut qu’être évincée. Les modalités de la maîtrise de l’exploitation font alors apparaître que les contrats d’édition, de représentation et de production audiovisuelle sont en réalité, le plus souvent, des contrats de bail. / Characterization of contracts in view of French Authors’ Rights Law brings out a reversal of the logic usually governing the construction of contractual categories. Various authors’ rights contracts, whether they have legally specified names or not, are more defined in relation to their environment than in relation to their effects. The conveyancing effect is common to any author contract. The mention of a price and the obligation of exploitation are commonplace in several “legally named contracts” in French author law. Therefore the characterization of an author law contract is first and foremost related to its human and material environment: i.e., the kind of creation, or the kind of authors’ right mentioned in the contract, or the legal identity of the parties, notably the identity of the contracting party as an “author”. Contrary to characterization of an author contract in view of French Authors’ Right Law, characterization of an author contract in view of French Civil Law relates more to its effects than to its environment. This is logical, since contractual civil code categories are not defined in relation to the environment of contracts. Because the legal nature of an author contract is not an obstacle to its characterization in the field of Civil Law, the effects of author contracts are the only relevant criteria for distinguishing between them. When the obligation of exploitation is not subsidiary, the characterization of an author contract as a sale contract can only be set aside. The terms and conditions of exploitation management in some author contracts underline the fact that, most of the time, publishing contracts, representation contracts, and production contracts are in fact contracts of lease.

Withdrawal from contract in business relations (consequences) Summary Withdrawal from a contract i the instute available to parties that find a contract to be unsound or damaging and that seek to be released from their contractual obligations. The conditions under which a party has the right to withdraw from a contract can be set out in the contract itself, but if the contract does not make specific provision for this then a right to withdrawal may be mandated by law. Following a party's withdrawal from a contract, both (or all) parties will find themselves in a new situation with new mutual rights and obligations. This paper focuses on the regulations governing the consequences of withdrawal from a contract as set out in the Czech Commercial Code. A major aspect of this is an analysis of the theoretical conception of withdrawal ex nunc (one of the most important legal concepts distinguishing current commercial regulations from the regulations set out in the General Civil Code). This paper examines the obligations that end with contract withdrawal, the obligations that survive and outlast the termination of a contract, and the new obligations that bind and affect the parties to the contract once the contract has been terminated by withdrawal. In these contexts, the fate of hedging instruments (such as...

The author of the diploma thesis submits a treatise on the scope of contracts defined by the legal theory which are termed as bank contracts, or alternatively bank trades. In order to formulate the concept and the subject matter of such contracts with the adequate precision, the text of the diploma thesis comprises also a specification of other, yet close terms, the knowledge of which the author considers to be crucial for understanding the particular subject. Thus the author enables the reader who is acquainted with the law but does not specialize in commercial or financial law to familiarize with the submitted subject but also expresses his opinion concerning general necessity of defining particular concepts precisely and completely if these concepts are used to express subsequent concepts. While writing the diploma thesis the author tried to explain the indicated problems in the text wherever it was possible, and refers to general arrangement only where there was no other possibility owing to the extent and range of the work. The text is divided into five chapters. The first chapter, which is preceded by a standard introduction, deals with the bank. It is subdivided into ten smaller sections. The first four sections describe four basic attributes of the bank, namely the required legal form, the...

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...

Large industrial works represents an interesting subject of foreign trade in which countries may have competitive advantage. These industrial works also forms a large part of the state economy. Contracts that covers such transactions are very difficult, whether due to the volume and duration of supply, and because of possible problems with funding, with the political situation at the place of delivery, etc. Contracts covering such a transactions could be very tricky to draft because of either volume and duration of supply, funding issues or political instability in the region etc. The aim of this thesis is to introduce basic concept and principles that are linked to international trade with large industrial works. The thesis is mainly focused on contracting opportunities, ie the general approaches to contracting for the supply of capital equipment. The main theme is - within the specification, form of contract for the supply of capital equipment, as well as other resources that can be used during drafting the contract, such as commercial conventions and more. Thesis is logically divided into six chapters (including introduction and conclusion).The firts part of the thesis familiarize the reader with basic concepts - those are the "large industrial works " and "international business transactions."...

Loan contract This thesis investigates the provision of loans based on the Loan Contract under Sections 497- 507 of the Commercial Code. Extension in which is the Loan Contract investigated is then applied to comparison with the New Civil Code. In the New Civil Code is the Loan Contract under Sections 2395 - 2400. Furthermore, some other legal institutes closely related to the Loan Contract are also described (e.g. securities, interest, business terms). In the first chapter, I describe the definition of a loan, its essential importance in market economy, and its definition in legal and economical sense. The second chapter deals with fundamental principles which are applied when enclosing the Loan Contract. The following third chapter aims to origin and evolution of the loan from its formation to the latest legal regulation. In the fourth chapter I go in for introduction of the New Civil Code and for a brief general discourse about this new Czech civil law codex. The fifth chapter deals with legal regulation of the Loan Contract in the Commercial Code and then it is compared with the legal regulation in the New Civil Code. Subject of a sixth chapter is analysis of conception of the Loan Contract used in selected foreign legal systems. In the following seventh chapter the difference between the Loan...