Abstract

A contract for work is probably the second most widely used type of contract (next to the purchase contract). Therefore its complex legal regulation is very important for the unambiguous definition of the rights and obligations of the parties to the contract. By the contract for work, the contractor undertakes to perform certain work and the employer undertakes to pay the price for its performance. Work as defined by the law manufactures specified products (provided the manufacture does not fall under the notion of a purchase contract), the maintenance, repair or modification of certain items or the result of other activities. Fabrication, repair or modification of buildings or parts thereof shall be always covered by contracts for work.

Highlights

  • The new legislation, given by the Czech Civil Code, Law No 89/ 2012 Coll and effective from 1 January 2014, replaced the regulation of the contract for work, as contained in the abolished Civil Code of 1964, as well as the in the Czech Commercial Code of 1991 that was cancelled by the new Civil Code of 2012.The paper analyses and assesses the most important provisions of the new shape of the contract for work

  • The basis for the draft new legislation was taken from the former regulation of this contract by the Commercial Code and having taken regard to certain legal regulations by other countries, because the concept of contract work as contained in the former Civil Code was strongly influenced by its original design from 1964 and the by patterns of the Civil Code of 1950

  • As opposed to the wording of the fundamental provisions of the ComC, the text is amended by the performance for the risk and expense of the Contractor, which was the consequent wording contained in the ComC in its Section 537, a follow-up to the fundamental provisions

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Summary

Introduction

The new legislation, given by the Czech Civil Code, Law No 89/ 2012 Coll and effective from 1 January 2014, replaced the regulation of the contract for work, as contained in the abolished Civil Code of 1964 , as well as the in the Czech Commercial Code of 1991 that was cancelled by the new Civil Code of 2012. The paper analyses and assesses the most important provisions of the new shape of the contract for work. The basis for the draft new legislation was taken from the former regulation of this contract by the Commercial Code and having taken regard to certain legal regulations by other countries, because the concept of contract work as contained in the former Civil Code was strongly influenced by its original design from 1964 and the by patterns of the Civil Code of 1950. The new Civil Code regulation, should be more precise and clearer than the previous arrangements

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