Právní úprava vztahů ve výstavbě v ČR a SRN (včetně srovnání)

Mgr. Ing. Zdeněk Tobeš, Ph.D.

Doctoral thesis

Legal Regulation of Relations in Capital Construction in the Czech Republic and the Federal Republic of Germany (including Comparison)

Abstract:

This dissertation thesis is concerned with the legal regulation of legal relationships in capital construction in the Czech Republic and in the Federal Republic of Germany. Precisely, the legal regulation of contract of work under the Czech Commercial Code and under the German Civil Code is discussed and compared, whereas special attention is paid to various aspects of contracts for construction of buildings. Some rules of the Czech and German public law, relating to the capital construction, are discussed too. The first chapter of this work is introduction, the second chapter of this work describes the historical development of the respective legal regulation on the territory of the Czech Republic and the Federal Republic of Germany since half of the nineteenth century till the recent time. The following chapters discuss and compare the recent legal regulation of the contract of work in the German Civil Code and in the Czech Commercial Code. First, main law elements of the contract of work are mentioned (subject, object and content of the contract), consequently the essential elements of this contract are stated (denoting of parties of the contract, obligation of the producer to realize the work and obligation of the purchaser to pay the price). Following chapters deal with the process of performing the work, obtaining necessary material for the performing of the work, the ownership to the thing being made, the price of the work (including discussion of the problems relating to the budget of the work), fulfilling of duty to perform the work and defects of the work. These chapters contain interpretation of the respective Czech and German legal regulation (including comparison), discussion of the results of the legal science relating to the matter of this thesis, discussion of the respective commercial customs and court decisions, suggestions for improving some rules of the recent legal regulation and some recommendations for making of contract in praxis. In the eleventh chapter, the draft of legal regulation of the contract of work in the new prepared Czech civil code is discussed. As fundamental change of the recent legal regulation can be seen the unification of commercial and civil legal regulation of the contract of work. This change is mainly seen as positive, but some professionals mean, that the special commercial legal regulation of the contract of work should remain, because there are very different requirements to the contract made among enterprisers and to the contracts made among other subjects, especially because of values of the promised performance. The twelfth chapter discusses the prepared European Civil Code. First, the history and goal of the idea of unified European civil law is mentioned, and consequently, the recent outcome of the work of the Study Group on European Civil Code is discussed, especially the draft of the legal regulation of the contracts concerning services.

Keywords

výstavba, smlouva o dílo, české právo, německé právo, obchodní právo, komparace, rekodifikace, capital construction, contract of work, czech law, german law, commercial law, comparison, recodification

Language used: Czech

Date on which the thesis was submitted / produced: 16. 5. 2006

Thesis defence

• Date of defence: 29. 6. 2006
• Supervisor: prof. JUDr. Karel Marek, CSc.

Masaryk University

Faculty of Law

Doctoral programme / field:
Theoretical Legal Sciences / Commercial Law