
Contractual penalty in consumer contracts Abstract The topic of rigorous work is the contractual penalty in consumer contracts, while this issue is very current, as it falls into the legal area of consumer protection, which belongs to the current most modern trends in private law. The aim of the thesis is to answer, in particular, what are the specifics of the use of the contractual penalty institute in consumer contracts, to analyze the issue of negotiating a contractual penalty in consumer contracts and its permissible amount. Furthermore, the author of the thesis will focus on the possibility of moderating an unreasonably high contractual penalty in consumer contracts and the possibility of negotiating a contractual penalty within the commercial terms of consumer contracts. Last but not least, the author of the thesis intends to analyze the issue of due date and limitation of the right to pay a contractual penalty. The first chapter deals with the functions of the contractual penalty in consumer contracts and contains a brief analysis of individual terms that are central to this rigorous work. The second chapter is focused on the jurisprudence regarding the contractual penalty. The author of the thesis chose two areas, namely the possibility of conditional negotiation of the contractual penalty and the...
Spotřebitel; obchodní podmínky; contractual penalty; commercial terms; smluvní pokuta; Consumer
Spotřebitel; obchodní podmínky; contractual penalty; commercial terms; smluvní pokuta; Consumer
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