SUMMARY chapter 2 cz

National law – CZ – Contract law – chapter 2

By the treaty, the parties have the will to establish a commitment among them and to govern the content of the treaty. The performance that is the subject of the obligation must be nature of property and correspond to the interest of the creditor, even if that interest is not merely property. The obligation arises from a contract, from an act of unlawful conduct or from another legal fact that is eligible under the law. The process of concluding the contract consists of 2 steps, namely the proposal to conclude the contract (offer) and accept the offer (acceptance). The bidder (offeror) and the person who accepts the offer (the acceptant) appear in the process of concluding the contract.

Invalid is a contract whereby somebody abuses the distress, inexperience, intellectual weakness, excitement or recklessness of the other party, and gives to himself or to another promise or to provide a transaction whose value is to grossly meet one another.

From the commitment, the creditor has the right to a certain claim as against the debtor, and the debtor is obliged to satisfy this right by fulfilling the debt. From the obligation, the borrower is obliged to give something, to do something, to abstain, or to tolerate something, and the creditor is entitled to demand it from him.

The most common types of contracts include, for example, a purchase contract, a loan, a lease, a credit, a deposit, transport contract, a contract of work.

Methods of termination of obligations include fulfillment, agreement, offsetting (if the parties have mutual obligations to perform the same kind of obligations), termination by payment of severance pay, merger of the person of the creditor and the debtor, debt forgiveness, termination, resignation, subsequent impossibility of fulfillment and death of the debtor or the creditor.

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