Unjust enrichment in business law

Master thesis Czech RESTRICTED
Koláček, Michal (2015)
  • Subject: commercial obligation; limitation of claim; promlčení; obchodní právo; rekodifikace; obchodní závazkový vztah; bezdůvodné obohacení; recodification; Unjust enrichment; business law | občanský zákoník; civil code; obchodněprávní závazek; commercial obligation,recodification; obchodní právo; rekodifikace; entrepreneur; bezdůvodné obohacení; podnikatel; unjust enrichment; business law

This thesis analyses the concept of unjust enrichment under the business law. First of all the thesis explains the term of business law. Business law is a complex of legal rules concerning the contractual relationships between entrepreneurs arising from their business activities. Business law is a comprehensive field of law which extends into many other fields of law, both private and public law. Equally the regulation of unjust enrichment within the business law expands into many other laws with particular specialization, but these laws are not subject of this thesis. For these laws the subsidiary legislation is included in the civil code., therefore this thesis focuses on the general regulation of unjust enrichment included in the civil code. Further the thesis continues with a historical development of both business law and unjust enrichment. The historical view begins with roman law, continues with the regulation of unjust enrichment under the ABGB and ends with regulation under the so. socialist law. Further in the text is referred to the historical chapter to facilitate understanding of a present regulation. Next chapter of the thesis describes the current regulation of unjust enrichment, mainly under the civil code, and from the reason mentioned above it is not going into the particular...
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