Freedom to contract and its restriction in business obligations (Summary) This thesis deals with freedom to contract and its limitations in the field of business obligations. It introduces the possibilities that parties have when entering into contracts as well as it outlines the boundaries which they cannot cross. It aspires to clarify the topic by referring to a wide scope of related judicial decisions which have evolved throughout the years. The first chapter briefly describes and classifies business obligations; hence it specifies cases in which freedom to contract and its restriction apply. The second chapter then characterizes freedom to contract and sets it to the context of other fundamental principles governing private law. It also clarifies the normative roots of this freedom and describes the nature of legal rules that can be freely deviated from in a contract. The following chapter reviews particular manifestations of freedom to contract with special focus on free determination of contract's content. The last chapter looks into various kinds of restrictions that limit contracting parties entering into business obligations. It deals with certain issues regarding mandatory rules and mentions some formal requirements regarding legal acts. Then the analysis of restriction of freedom to contract set...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:310993 |
| Date | January 2012 |
| Creators | Prieložný, Milan |
| Contributors | Plíva, Stanislav, 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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