The aim of the thesis is to point out difficulties in interpretation of the civil code provisions (the act No. 89/2012 Coll.) regulating mistake as a form of vitiated consent and outline solutions to them on the basis of appropriate interpretation methods. The thesis applies to the legislation of mistake in relation to contracts in general as provided in the civil code, s. 583 - 585 and analyzes the legal consequences made by mistake. The keyword - mistake - is defined in the text in two ways - firstly as discrepancy between the genuine will of the acting person and manifestation of the will, secondly as a defect of the will. The study is primarily focused on the latter case. The text analyzes thoroughly conditions which must be satisfied so that so-called substantial mistake affects legal consequences. These conditions include determining circumstance, mistake caused by the second party and excusability of mistake. A separated chapter is devoted to mistake caused by fraud which is a special type of mistake because of its graveness, and therefore the act provides requirements which are different from those leading to the substantial mistake. The next chapter focuses on mistake caused by the third person. At the end of the work, legal consequences of mistake are illustrated - the right to avoid a...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:351718 |
| Date | January 2015 |
| Creators | Altmanová, Lucie |
| Contributors | Dvořák, Jan, Elischer, David |
| 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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