Thesis title: Contractual liability and its limitation The aim of the thesis is to assess the options of parties to a contract when settling liability rules diversify from the standards of Czech Civil Code (Act. 89/2012 Coll). The author provides introduction of multiple ways of how the parties can limit their contractual liability and emphasize that the aim of any liability is to motivate subjects to pay attention to the opposite party's rights and assets, but in the context of Civil Code its main function is to repair damages and satisfy the injured party. The subject which is in breach of its duties therefore gets new or alternated duties, as well as the injured party gains more rights on its side. For the scope of liability, it is important to define the content of the contract as the parties see it in the moment of the contract's conclusion. The content does not consist only of rights and duties connected to the fulfilment of the contract object matter, but it also consists of duties to respect other interests of the opposite party, so the status quo in respect to matters not connected with the fulfilment of the obligations remain untouched. Such a protective aim arises out of strengthened confidence of the relation between contractual parties and can be mainly seen as a duty of prevention and...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:365011 |
| Date | January 2017 |
| Creators | Tůma, Martin |
| Contributors | Elischer, David, Dvořák, Jan |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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