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Remedies for Nonconformance of Performance in Terms of Mixed Sale with Donation

Author(s): Viktor Kolmačka
Subject(s): Civil Law
Published by: Masarykova univerzita nakladatelství
Keywords: Mixed Sale with Donation; Remedies for Nonconformance; Price Reduction; Avoidance; Remedy of Repair.

Summary/Abstract: This article focuses on remedies for nonconformance of the performance in terms of the mixed sale with donation. This type of remedies posits an onerous character of the contract, therefore, the paper explains firstly the meaning of this requirement. The next part is dedicated to an analysis of how to approach the partly onerous and partly lucrative agreement, as the current Czech literature does not consider the issue. Finally, the article aims to propose a solution to, under which circumstances the seller (donor) is liable for nonconformity of his performance and how the remedies should be realized.

  • Issue Year: 29/2021
  • Issue No: 3
  • Page Range: 447-482
  • Page Count: 36
  • Language: Czech