Vznik závazku ze smlouvy o dílo určitým ujednáním díla anebo předmětu díla

Abstract

In order to create an obligation under a work contract, it is necessary for the parties to negotiate the essential elements (essentialia negotii) of the work contract, which are determined in particular by the provisions of Section 2586(1) of the Civil Code and Section 2587 of the Civil Code. Without a specific agreement on the essential elements, the work contract will not be validly concluded. The doctrine of the Civil Code also leads to the conclusion that a works contract obliges the contractor to supply the client with independent work and that is determined by the result – the subject of the work. As regards the essential elements of a work contract, the article focuses exclusively on the determination of the work arrangement and/or the subject matter of the work. In view of the current doctrine and the applicable decision-making practice of the courts, the article tests the hypothesis according to which a work contract is validly concluded only if the parties to the work contract have definitely agreed on the activity of the contractor (i.e. the work) and at the same time on a certain result of such activity (i.e. the subject of the work) and if one of these essential elements is not definitely agreed in the work contract, then the work contract will not be validly concluded. In order to test the above hypothesis, three model types of works contract are developed, which imply the necessity of a certain stipulation of the work and/or the subject matter of the work depending on the economic importance of a particular type of works contract. Finally, the author calls for a consistent distinction between the concepts of work and subject matter.