Smluvní pokuta v ČR a Evropě – Tintěra Tomáš (2016)

The expert monograph provides a comprehensive theoretical and practical perspective on one of the most common contractual arrangements. The book is based on an analysis of the Czech legal regulation following the recodification of private law and simultaneously presents various interpretations of this institute in the legal systems of selected European countries. The interpretation based on the new Civil Code discusses the creation, content, and limits of penalty clauses and similar provisions, including links to general issues of legal acts and obligations law. The work also does not overlook procedural contexts in the defense and enforcement of penalty clauses, the concept of judicial moderation, including insolvency and enforcement proceedings. It also pays attention to the peculiarities of penalty clauses in contracts concluded with consumers, lease agreements, or employment relationships. The author processes and comments on numerous, constantly evolving court case law and examines its applicability to legal relations governed by the new private law code. He does not shy away from some unresolved theoretical and practical questions that the affirmation of debts two years after the effectiveness of the new Civil Code and related legislation brings. The publication is intended not only for the professional public, that is, practicing lawyers...