Rozsah povinnosti k náhradě škody podle obchodního zákoníku

• Main Author: Pelánková, Iveta
• Other Authors: Plíva, Stanislav
• Format: Dissertation
• Language: Czech
• Published: 2009
• Online Access: http://www.nusl.cz/ntk/nusl-274958

- 105 - Extent of duty of damages according to the Commercial Code - Summary The purpose of my thesis is to analyse the question whether or not it is possible to waive a claim of damages according to the Commercial Code. It is a controversial topic because one part of legal theory (strict interpretation) adjudicates an opinion that it is in compliance with the law and other part (liberal interpretation) says that it is not. I introduces various opinions in my thesis and I explains why I think that such the opinion is (or is not) wise and useful in practise. I personally adjudicates the opinion that it is in compliance with the Commercial Code to waive a claim of damages by the way of mutual agreement with respect to the subject-matter of fulfilment. The thesis is composed of seven chapters, each of them is dealing with different aspects of the abovementioned question. Chapter One is introductory and defines the thesis matter as a topical problem. The chapter is subdivided into two parts. Part One describes my aims which I would like to reach in the thesis and it explains two basic views of the possibility to change the extent of duty of damages. Part Two deals with partial issues subsequently discussed in the thesis. Chapter Two examines relevant Czech legislation which is generally refered to a right of...