Publication details

Podnikatel jako slabší smluvní strana

Title in English Entrepreneur as a weaker party


Type Article in Proceedings
Conference Právo.Obchod. Ekonomika IV.
MU Faculty or unit

Faculty of Law

Field Law sciences
Keywords entrepreneur; protection of the weaker party; small and middle-sized entrepreneur
Description Market power and bargaining power may differ substantially not only in the consumer contracts (B2C). The defense of an obvious abuse of law to the detriment of the weaker party may be applied even in both-sided business relations (B2B). The new Czech general protection of the weaker party - irrespective of its possible entrepreneural status - supports this approach. Some public law regulations work in a similar way. The paper deals with theoretical context and with some practical impact of this controversial approach.
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