The purpose of my thesis is to analyse the scope of application of the UN Convention on Contracts for the International Sale of Goods ("CISG"). The reason for my research is the wide use of the CISG in international trade. Therefore, it is necessary to know exactly when the CISG is applicable. The thesis is composed of four chapters, each of them dealing with a different aspect of international sales contracts. Chapter One is introductory and defines the basic concept of regular and international sales contract in Czech law and legal literature, taking into account the upcoming recodification of the Czech Civil Code. Chapter Two examines the basic approaches of legal regulation in private international law. After a brief theoretical introduction, special attention is paid to various Czech and international legal instruments governing contracts for the international sale of goods. In Chapter Three, I explore the basic requirements for application of the CISG. Using scholarly literature as well as case law, I characterise the concepts of sales contract, goods, place of business, contracting states and party autonomy. Consideration is also given to the material scope of application of the CISG. The existence of controversial issues related to this question is shown on the topic of interest for any sum...

The thesis is called international sales contract. The aim of it was to provide an overview of the possible legal regime of an international sales contract and to inform about sources of law that are applicable to such contract. The main aim of my thesis was to analyze United Nations Convention on Contracts for the International Sale of Goods (CISG). I tried to evaluate its advantages and disadvantages through the whole thesis. I focused on its scope of application, on the other hand, I did not examine rights and duties of parties to a contract determined by the CISG. In one part of my thesis I also paid attention to INCOTERMS, which is a significant and practical tool on the field of international trade. I realized this thesis using a descriptive method, since I tried to characterize certain legal instruments and their position and function thanks to information obtained from legislation, doctrine and case law. Moreover, I was using a comparative method, as I was comparing differing opinions of doctrine. Afterwards, I tried to form and explain my own views. I divided my thesis into five sections. In the first section I described international sales contract and I pointed out the difference between international and domestic sales contract. In the second part I was dealing with sources of law of...

This thesis analyses an international sales contract especially its two parts, delivery and payment terms. Objective of the thesis is to present the high importance of delivery and payment terms in international sales contracts, how they influence the price as well as the whole business transaction. This text is devided into two parts, theoretical and practical. The first part deals with the whole characterization of an international sales contract, its belongings, legislative definition and detailed description of the delivery and payment terms. International chamber of commerce and insurance are also mentioned. The practical part concerns with anylysis of the particular examples from Ceco-legno company.

The main goal of this thesis is to analyze a specific business process in AKI ELECTRONIC company. The thesis consists of two parts: theoretical part of the thesis aims to define and explain various logistical concepts and terms . Second part describes and analysis the company’s current situation. This part also includes an analysis of a specific business process management. The final part then proposes possible solutions of the problems detected in the analysis, which would lead to business process improvement and more satisfied customers.

Jan Kolář - International sales contract Abstract Topic of this master's thesis is international sales contract, more specifically remedies for the breach of international sales contract. As a substantive law by which remedies for the breach of international sales contract are judged is the United Nations Convention on Contracts for the International Sale of Goods. Reason for choosing the United Nations Convention on Contracts for the International Sale of Goods as a substantive law for this thesis is that this convention represents one of the most successful and most widely used international legal norm used to govern international trade in today's world. This is mainly because of the Convention's well balanced and impartial approach and also the fact that the Convention has been ratified in 83 states which significantly contribute to the overall volume of an international trade. This thesis mostly uses analytical and descriptive legal research methods. This is given by the nature of its subject. However, the thesis does not only describe provisions of the Convention but aspires to point its reader to most salient and problematic features of the Convention. The thesis is divided into six chapter, introduction and conclusion. For better clarity chapters are further structured into two more levels. First...

Consumer Contracts Focusing on Sales Contract - Comparison of Old and New Legislation Consumer contracts as contracts concluded with consumer who is the weaker party make integral part of our everyday life. Although we usually consider consumer protection an area of contractual law, it is a category with an overlap into commercial, european, criminal and administrative law. Consumer law which is strongly affected by EU legislation stands on the border between private and public law. Practical aspects of consumer law, however, do not in any way exclude its main purpose - seeking justice, i.e. balancing equality on one side and freedom on the other side. This branch of law is even more topical nowadays as we are exposed to advertising anywhere. Moreover we are experiencing financial crisis at the moment when most of people are suffering from lack of money which sharply contrasts with insufficient financial knowledge of Czech population. Legislation changes slowly and does not correspond to the development of society. Reality is then quite different to the way we know it from textbooks. The New Civil Code that brings many changes not only in consumer law was adopted in 2012. It provoked numberless discussions both between lawyers and public. The importance of the code was overshadowed by media...

International sales contract The purpose of this diploma thesis was to analyse the term "fundamental breach" of international sales contract as defined in Art. 25 of the United Nations Convention on Contracts for the International Sale of Goods (hereinafter the " Vienna Convention"). The thesis is composed of introduction, conclusion and four chapters, each of them dealing with different aspects of the international sales contract and its breach. Chapter One is introductory and defines first international sales contract and Vienna Convention. The chapter is subdivided into two parts. Part One describes the characteristics of international sales contract. Part Two deals with history and characteristics of Vienna convention, and also explains the relationship between Vienna Convention and Regulation Rome I. Second chapter describes three interpretative principles specified in Art. 7(1) of Vienna Convention, i.e., a) regard to the international character of the Vienna Convention, b) need to promote uniformity in its application and c) the observance of good faith in international trade. The chapter consists of three parts. Part One focuses on regard to the international character of the Vienna Convention. It states, that the Vienna Convention should be interpreted autonomously, without reference to the...

The international sales contract is one of the most important and frequently used legal instruments in the area of international business relations. Despite its functional stability, it is subject of continuous interest of legal theory and practice through which the questions related to its legal regulation are tackled. Therefore, this thesis deals with international sales contract and the perspective of its legal regulation. Particularly, the aim of this thesis is to answer the question on how the regulation of international sales contract is developing with regard to the national and supranational law, especially the Act on international private law, the Vienna convention, the Rome I regulation and the CESL (Common European Sales Law). The thesis considers this question both from the entrepreneurs' and customers' point of view. Besides the general theoretical aspects of the international sales contract, the thesis also focuses on particular legal acts containing the most relevant regulation of international sales contract and the structure and framework of the thesis corresponds with this focus. The thesis is divided into five chapters, which are preceded by the introduction and followed by the conclusion. The core of the thesis is in chapter five, which analyzes partial aspects of current...

L’approche statique de la notion d’acquéreur, retenue par le Code civil, a été remise en cause par la professionnalisation des vendeurs, suite au renouvellement des méthodes de vente et à la complexification des biens. Au stade de la formation du contrat de vente, l’équilibre postulé par le droit commun s’est progressivement affaibli pour donner naissance à des rapports déséquilibrés entre l’acquéreur et le vendeur. Pour remédier à cette situation, les normes contemporaines, d’inspiration consumériste, ont adopté une approche dynamique de la notion en établissant différentes catégories d’acquéreurs, en vue de leur permettre d’exprimer un consentement réfléchi et éclairé. Les enjeux, théoriques et pratiques, d’une étude confrontant l’acquéreur aux règles de la formation du contrat de vente ont pour objet de déterminer si l’évolution législative a permis de rétablir l’équilibre. L’immixtion du droit de la consommation dans le droit de la vente met en œuvre un dispositif protecteur du consentement de l’acquéreur. Ainsi, les normes consuméristes restaurent-elles l’équilibre pour tous les rapports ? Les règles protectrices du consentement, n’étant pas exclusivement attachée à la qualité de l’acquéreur, autorisent-elles le retour à l’équilibre ou au contraire, donnent-elles naissance à de nouvelles situations déséquilibrées ? La réponse à cette interrogation nécessite d’analyser les dispositions organisant le contrat de vente mais, également, celles relatives au contrat de prêt. Le financement de l’acquisition est, généralement, lié à la conclusion de la vente. / The static approach of the idea of buyer, chosen by the Civil Code, has been challenged by the professionalization of the buyer, following the renewal of sales techniques and the fact that the goods are becoming more complex. On the level of the making of the sales contract, the balance implied by the common-law has gradually weakened to generate unbalanced relationships between the buyer and the seller. To solve this, the contemporary standards based on consumerism have adopted a dynamic approach of the notion by distinguishing different categories of buyers, in order to give them the opportunity to express a well-thought and informed consent. The major issues, both theoretical and practical, of a study which confronts the buyer to the rules of the making of a sales contract, are to determine if the legal evolution allowed to reestablish the balance. The interference of the consumption right in the sales right generates a protective system of the buyer's consent. Can the consumerist standards restore the balance at all levels? Do the protective rules of consent, not being exclusively attached to the quality/ nature of the buyer, allow a way back to the original balance or on the contrary, do they give birth to new unbalanced situations? The answer to this question requires to analyze the rules which organize the sales contract and those connected to the rental contract too. The acquisition financing is currently connected to the sealing of the sale. The diversity of these rules requires to deal with them under the light of the protection of the buyer's consent, in order to allow him to give a well-thought and informed consent.

The main aim of this diploma thesis was to identify the international sales contract with a focus on the definition of the international sales contract, the sources of law which govern the international sales contract and the United Nations Convention on Contracts for the International Sale of Goods, with a closer focus on the formation of the contract and rights and rights and obligations of the buyer and the seller under the Vienna convention and the relevant case law for these issues, as well as the gaps in the Vienna convention. The methods used to develop this diploma thesis are analysis, description and synthesis. Analysis is used to the greatest extent in the third chapter, description is used especially within the first and second chapter and the synthesis is used within the recapitulations at the end of each chapter and within the summary. Within the first chapter I focused on the definition of the international sales contract and its distinction from the classical sales contract. The second chapter deals with the sources of law, which govern the international sales contract. In this chapter, I focus on the direct regulation, conflict of law rules, imperative legal norms, international treaties, European law, choice of law, international business practices, national law, lex mercatoria,...