Publication details
Ke smlouvě mandátní, smlouvě komisionářské a smlouvě o kontrolní činnosti
| Title in English | About Contract of Mandate, Consignment Contract and Contract of Control |
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| Authors | |
| Year of publication | 2010 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | While thinking about an intended law the following ideas can arise. If both contractual types were kept it would be possible to regulate their identical provisions together. This would lead to shortening of legal regulation and support its clarity. According to intended law it seems that legal regulation of contractual types in Civil and Commercial Code could be reduced in future. In the theory and practice of business law there are a lot of questions about when and in which cases it is possible to finding the facts by a contract of control. There are also other questions about the criterions which the certificates created according this contract must have. Our contribution tries to react on and on other reacting questions. Because a lot of provisions that regulate the contract of control are non-mandatory, it is important to work on the regulation of concrete provisions in the contract. With a regard to the briefness of the legal regulation in the Commercial Code it is recommended to issue the relevant terms of trade (e. g. for revisions of electrical sets) and to make the contracting process easier by the reference to these terms of trade in the meaning of § 273 of Commercial Code (in the terms of trade it is also good to regulate the issues of payment, invoicing, maturity of an invoice, interests etc.). |
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