Následky porušení smlouvy – tradiční i méně tradiční nároky
| Title in English | The consequences of the break of the contract - the traditional and less traditional claims |
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| Authors | |
| Year of publication | 2014 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | From 1 January, 2014, the new Civil Code has become effective in the Czech Republic. Its primary purpose is to regulate national legal relations within the Czech Republic. In this context, the new Civil Code will be most often applied by courts or arbitrators. At present, however, it is likely that courts or arbitrators in the Czech Republic will decide on disputes arising from civil relationships with an international element. These relations include also international business transactions based on contracts, in which the international element is present. If the courts or arbitrators in the Czech Republic decide on disputes arising out of international business transactions, they cannot automatically apply Czech substantive law. They have to first determine which substantive rules apply. For this purpose they usually use their conflict-of-laws rules and determine the applicable law. If the law applicable is the Czech law, the new Civil Code will be applied. On the other hand, it is not possible to overlook that the Czech Republic is bound by international conventions containing unified substantive rules for international business transactions, which should take precedence. The most important of them is the United Nations Convention on Contracts for the International Sale of Goods (“CISG”). In addition, in the field of international business transactions the nonstate rules governing contractual obligations play a significant role, namely 2010 UNIDROIT Principles of International Commercial Contracts (“UNIDROIT Principles”) and the Principles of European Contract Law (“PECL”). Despite the existence of these documents, there is still a large area, in which the new Civil Code is applicable regarding the international commercial transactions. It is therefore clear that the application of the new Civil Code on international business transactions will occur. |
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