English abstract Material change of circumstances and the impossibility of performance within the Czech and English legal system Civil law in the Czech Republic is based on a so-called principle pacta sunt servanda which means that parties are bound by the contract and should perform in accordance with it. It may happen, however, that unexpected supervening event substantially change the circumstances after the formation of a contract to the extent that it become impossible to perform the contract or it makes performance for affected party so burdensome that it will lead the party to the economical destruction. Such a change may lead to situations that to hold the affected party to fulfil its promise would be unjust and contrary to morality. Therefore, Czech Civil Code contains few provisions based on which court may terminate the contract or adjust the contract to restore equilibrium of the performance. Thesis focuses on two of those provisions, namely impossibility of performance and impracticability of performance. Thesis describes relevant legal institutes and doctrines, development of case law, analyze past and current Czech Civil Code and compare it with English case law and international and European soft law. After introductory chapter, chapter two describes relevant principles of civil law and...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:339873 |
| Date | January 2015 |
| Creators | Bříza, Marek |
| 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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