Protection of Weaker Contractual Party

Protection of Weaker Contractual Party Mgr. Jiří Zapletal Disertační práce (2011) The thesis "Ochrana slabšího ve smluvních závazkových vztazích" ("Protection of Weaker Contractual Party") is devoted to the issue of legal protection of weaker contractual parties in private law. Emphasis on the protection of the weaker contractual parties represents one of the most significant trends in modern private law. Despite this fact, the issue of protection of weaker contractual parties as such has not been analyzed by authors of Czech legal literature sufficiently so far and even foreign literature focusing on the issue is not too prevalent. The issue of legal protection of weaker contractual parties is not an exclusive domain of consumer law. Problems resulting from positions of different strength (bargaining power, inequality) of contractual parties occur not only in connection with contracts entered into between business entities and consumers (non-business entities), but also mutually between business entities and, last but not least, in connection with contracts entered into between consumers (non-business entities). Protection of weaker contractual parties is contained in various legal institutions, some of which can be described as traditional, other are almost exclusively achievement of modern..