Publication details
Jednostranné určení či změna smluvního závazku
| Title in English | Unilateral Determination of Contract by a Party |
|---|---|
| Authors | |
| Year of publication | 2022 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | In the text, the author asks the question whether, or under what conditions and to what extent, contractual arrangements entitling one of the contracting parties to determine or change the content of the obligation (Leistungsbestimmungsrecht; Unilateral Determination by a Party) are possible in Czech law. First, a historical and comparative analysis is carried out, which helps to illuminate the foundations underlying the current legislation and helps to structure the whole issue, as well as to deal with the arguments that have historically prevented such arrangements. A distinction is then drawn between unilateral determination by a party and ultimative proposals for change, and between a “genuine” unilateral change (i.e. one that has no basis in the parties’ agreement). The latter is addressed in the next section, where it is argued that it is not excluded in certain cases either. The detailed analysis, however, focuses primarily on the possibilities and limits of a non-genuine unilateral determination or amendment, both in terms of certainty, general contractual limits, and performance in accordance with the principle of fairness and good faith. Finally, provisions in adhesive contracts and consumer contracts are also thoroughly analyzed. |