Information duty in pre-contractual negotiations Act no. 89/2012 Sb., the Civil Code, has brought many changes into the private law. The new Civil Code within the frame of pre-contractual liability among other things explicitly embedded in the provision of Section 1728 Subsection 2 the so called general information duty, i. e. a duty of the contracting parties to notify each other of certain circumstances prior to the conclusion of the contract. The paper aspires to define the term and the scope of general information duty with the help of the comparison of approaches toward this duty in other states and with the help of existing judicial (both Czech and foreign) decision making. In certain aspects, documents of European Contract Law were also taken into account owing to the fact that the European Contract Law was used in the process of drafting the valid and effective Civil Code. Even though many sources were used while writing the paper, the scope of general information duty could not be definitely determined. With respect to the fact that no explicit and distinct limits of this duty are set, the main source of knowledge will be judicial decision making which should take a consistent attitude toward a complex issue of general information duty which is inseparably related to the Economic Analysis of Law....
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:352527 |
| Date | January 2016 |
| Creators | Vrběcký, Matouš |
| Contributors | Horáček, Vít, Čech, 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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