Publication details
Dárek, za který zaplatíte – k pojetí závislosti smluv uzavřených při podomním prodeji energií
| Title in English | A Gift You Pay for – the Suspensive and Termination Condition in Contracts on LED Bulbs |
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| Authors | |
| Year of publication | 2017 |
| Type | Article in Proceedings |
| Conference | COFOLA 2017 |
| Citation | |
| web | http://cofola.law.muni.cz/content/cs/proceedings/ |
| Keywords | consumer, entrepreneur, doorstep selling,bulbs, contract, condition |
| Description | A consumer is the weaker contractual party which commands special legal protection when concluding off-premises contracts, specifically at the consumer’s home. Typically by means of doorstep selling a contract on united power supplies is concluded with the consumer together with a contract of gift or a contract of sale on LED bulbs worth 1 CZK. However, the initial advantageousness of the offer changes in the moment when the consumer wants to employ their legal right of withdrawal from a contract on united power supplies or legal right of cancellation of such a contract, for the enterpreneur demands that the consumer pay the whole price of the LED bulbs in the order of thousands CZK owing to a provision about a suspensive or termination condition in the contract on bulbs. This contribution aims to analyse the validity of these suspensive or termination conditions according to the Czech Civil Code. It also deals with the definition of the institute of the contingent contract (termed as the complementary contract in The Directive on Consumer Rights) and its application on a specific case. Last but not least, the contribution answers the question whether consumers are obliged to pay the price of the bulbs in the order of thousands or not and whether the conduct of the entrepreneur violates the law. |