Contract law in Slovak Republic / Josef Fiala, Jan Hurdík, Katarína Kirstová.
2010
KJQ87.6 .F53 2010 (Map It)
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Author
Title
Contract law in Slovak Republic / Josef Fiala, Jan Hurdík, Katarína Kirstová.
Published
Alphen aan den Rijn, The Netherlands : Kluwer Law International, [2010]
Distributed
Frederick, MD : Sold and distributed in North, Central, and South America by Aspen Publishers
Copyright
©2010
Call Number
KJQ87.6 .F53 2010
Former Call Number
Slova 500 F441 2010
ISBN
9789041133809 (pbk. : printed on acid-free paper)
9041133801 (pbk. : printed on acid-free paper)
9041133801 (pbk. : printed on acid-free paper)
Description
170 pages ; 24 cm
System Control No.
(OCoLC)695033902
Note
"This book was originally published as a monograph in the International Encyclopaedia of Laws/Contracts."
Bibliography, etc. Note
Includes bibliographical references (page 29) and index.
Record Appears in
Added Author
Table of Contents
The Authors
3
List of Abbreviations
11
Preface
13
General Introduction
15
[§] 1
General Background of the Country
15
[§] 2
Legal Family and the Slovak Law
15
[§] 3
Primacy of Legislation in the Slovak Legal System
17
[§] 4
The Position of the Judiciary
17
[§] 5
Distinction Between Public Law and Private Law (Administrative Contracts)
18
[§] 6
Distinction Between Civil Law and Commercial Law (Commercial Contracts)
19
Introduction to the Law of Contracts
21
[§] 1
Definition of the Law of Contracts
21
[§] 2
Historical Background of the Law of Contract
22
[§] 3
Classification of Contracts
23
[§] 4
Contracts and Torts
24
[§] 5
Contract and Quasi-Contract
24
[§] 6
Contracts and the Law of Property
25
[§] 7
Contract and Trust
25
[§] 8
Good Faith and Fair Dealing
26
[§] 9
Style of Drafting
26
[§] 10
Sources of the Law of Contract
27
Selected Bibliography
29
pt. I
General Principles of the Law of Contract
31
ch. 1
Formation
31
[§] 1
Agreement and Quid Pro Quo (Reciprocity)
31
I.
Offer and Acceptance
31
II.
Intention to Create Legal Relations
32
III.
Consideration (Gratuitous Promises; Natural Obligations)
34
A.
Consideration
34
B.
Gratuitous Promises
34
C.
Ǹatural Obligations'
34
IV.
Modifications of the Contract
35
[§] 2
Formal and Evidence Requirements
37
I.
Formal Requirements
37
II.
Contract under Seal
38
III.
S̀olemn' Contracts
39
IV.
Evidence Requirement
39
V.
Function of the Notary and Notarial Instruments
39
VI.
Burden of Proof
40
[§] 3
Liability and Negotiations
41
I.
Pre-contractual liability
41
II.
Breakdown of Negotiations
41
ch. 2
Conditions of Substantive Validity
43
ch. 3
The Content of a Contract
51
[§] 1
General Explanation
51
[§] 2
Interpretation
60
[§] 3
Conditional Contracts
61
ch. 4
Privity of Contract
63
[§] 1
The Rule of Privity of Contract
63
I.
Third Parties and the Contract
63
II.
Contract for the Benefit of a Third Party
63
III.
Contract to the Debit of a Third Party
64
[§] 2
Transfer of Contractual Rights And/Or Obligations
64
I.
The Term and Kinds of Changes in Obligations
64
[§] 3
The Special Case of a Sub-Contract, E.G. The (Nominated) Subcontractor in Building Contracts
70
[§] 4
Actio Pauliana
70
ch. 5
Termination of a Contract
71
[§] 1
Debt Fulfilment: Performance and Breach
71
[§] 2
Impossibility and Hardship: Unforeseen Impossibility
74
[§] 3
Withdrawal From the Contract
75
[§] 4
Setting Off (Unilateral and by Agreement)
75
[§] 5
Agreement on a New Obligation (Novation)
76
[§] 6
Waiver of a Right
76
[§] 7
Remission of Debt
77
[§] 8
Settlement
77
[§] 9
By Lapse of Time
78
[§] 10
Death of the Debtor or the Creditor
78
[§] 11
Preclusion of Rights
78
[§] 12
Debtor's Delay Under ̀Fixed' Contract
79
[§] 13
Merger of Debts
79
pt. II
Specific Contracts
81
ch. 1
Consumer Contract: General Provisions
82
[§] 1
General Rules for Consumer Contracts
82
I.
Distance Contracts
84
II.
Contracts Negotiated Away from Business Premises
86
ch. 2
Sales
88
[§] 1
̀Civil' Sales
88
I.
Exchange (Barter) Contract
91
II.
Sale of Goods in Shops
91
[§] 2
̀Commercial' Sale
92
I.
Sale (Transfer) of the Enterprise
99
II.
Sale of a Leased Thing
101
ch. 3
Donation
103
ch. 4
Contract for Work
104
[§] 1
̀Civil' Contract for Work
104
[§] 2
̀Commercial' Contract for Work
106
ch. 5
Loans
111
[§] 1
Loan for Consumption
111
[§] 2
Loan for Use
111
ch. 6
Lease Contracts
113
[§] 1
General Provisions
113
[§] 2
Lease of Flats
113
[§] 3
Lease of Non-Residential (Business) Premise (Space)
114
[§] 4
Lease of An Enterprise
114
[§] 5
Lease of a Means of Transport
114
ch. 7
Mandate
116
[§] 1
̀Civil' Mandate
116
[§] 2
̀Commercial' Mandate
118
ch. 8
Bailment (Contract on Custody, Deposit)
121
[§] 1
̀Civil' Bailment
121
[§] 2
̀Commercial' Bailment
122
[§] 3
Storage
124
[§] 4
Commercial Contract on Bank Deposit of a Thing
125
ch. 9
Accommodation for a Short Term
127
ch. 10
Transportation
129
[§] 1
̀Civil' Transportation
129
I.
Transportation of Persons (Passengers)
129
II.
Carriage of Goods
130
[§] 2
̀Commercial' Transportation of Goods
132
ch. 11
Agency Contracts (Brokerage)
134
[§] 1
̀Civil' Agency
134
[§] 2
Commercial Agency
134
[§] 3
Business on Commission (Commissionary Agency)
137
[§] 4
̀Commercial' Procurement
139
ch. 12
Bank Businesses
141
[§] 1
(Bank) Deposits
141
[§] 2
Deposit Account
141
[§] 3
Credit
142
[§] 4
Current Account
143
[§] 5
Traveller's Cheque
144
ch. 13
Insurance
145
ch. 14
Civil Partnership
149
ch. 15
Silent Partnership
151
ch. 16
Private Annuity
153
ch. 17
Wagering (Betting) and Gaming
154
ch. 18
Public Competition
155
ch. 19
Public Promises
156
ch. 20
Package Tours (Travel Contract)
157
ch. 21
Contract for Operation of a Means of Transport
159
ch. 22
Contract for Inspection Activities
160
ch. 23
Quasi Contracts
162
[§] 1
Obligations Arising From Unjustified Enrichment
162
I.
General Outline
162
II.
The Obligations Arising from Unjustified Enrichment
162
III.
Legal Consequences of Unjustified Enrichment
165
[§] 2
Agency Without Mandate (Negotiorum Gestio)
167
Index
169