Publication details
Konflikty obchodních podmínek a jejich řešení
| Title in English | Batlle of Forms Issue and its sollution |
|---|---|
| Authors | |
| Year of publication | 2015 |
| Type | Article in Periodical |
| Magazine / Source | Obchodní právo |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Field | Law sciences |
| Keywords | battle of forms; knock out rule; Restgültigkeitsregel |
| Attached files | |
| Description | This Article reviews “battle of the forms” issue arising when contracting parties submit conflicting terms to each other in attempt to form a contract; and how courts in different jurisdictions have resolved issues arising from this. The “battle of the forms” is widely recognized to be among the most difficult problems doctrine to resolve. The author focuses on the knock-out rule adopted in the Czech Civil Code. Under the knock-out rule, the terms on which the forms do not agree cancel each other out and are dropped from the contract; contract is concluded on the basis of standard terms which are not in conflict. The author focuses on selected issues connected to the application of this rule. The author discusses i. a. whether it is possible to consider terms as conflicting and how to fill in the gap arising after the application of the knock-out rule. |