Publication details
Ochrana slabší smluvní strany
| Title in English | Protecting of the weaker party |
|---|---|
| Authors | |
| Year of publication | 2018 |
| Type | Monograph |
| MU Faculty or unit | |
| Citation | |
| Attached files | |
| Description | The professional publication focuses on assessing protection of the weaker party and deliver de lege ferenda considerations. In general, it deals with what is decisive for the topic of protection of the weaker party, namely the considerations leading to the formulation of a protective civil-law model. The result of the thesis is the finding that the so-called status protection does not correspond to the current protective tendencies in the contract law and wehaT is formulate in Civil Code in § 3. Formulation of the protection model is accompanied by current and past views on the level and state of protection of one of the parties to the contractual relationship and these protection models serve as a basis for the formulation of the civil protection model. In a specific part of the work, the reader will get acquainted with the practical view of the three disputable general clauses in the Civil Code. Namely adhesion contracts, usury and disproportionate reduction. At the same time, the interpretative basis of these protection institutes is laid down. |