The aim of this (diploma) thesis is to compare the withdrawal from a contract according to the Civil Code on one hand and the Commercial Code on the other hand. In addition to this aim the thesis compares the withdrawal from a contract and the dismissal of a contract and critically deals with contemporary valid legislation. This thesis reminds a judicial development of this institute. Mentioning all the above aspects it evaluates legislation of withdrawal from a contract in the new Civil Code. Providing of all these aspects this thesis tries to help to map the developing statement at the final stage of transformation of Czech civil law and to collect crucial issues to evaluate the given thesis. The thesis analyses several aspects of the withdrawal from a contract - conditions of its application, reasons and consequences of this withdrawal and a limitation of actions. In addition it examines a cancellation fee as a special consequence of the withdrawal from contract. After a detailed investigation of legislation in the Civil Code and in the Commercial Code it emerged that the legislation in the Commercial Code is more precise and closer to a modern conception of contractual law. Considering modern contractual law legislation in the new Civil Code could also be positively evaluated. It has been...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:326072 |
| Date | January 2013 |
| Creators | Beran, Jaromír |
| Contributors | Hendrychová, Michaela, Šustek, Petr |
| 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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