Úhrada „víceprací“ při dohodnutých změnách předmětu díla
Price Adjustment in the Case of an Agreed Alteration to the Scope of Work
Author(s): Patrik SyselSubject(s): Civil Law, Law on Economics, Commercial Law, Comparative Law, Administrative Law
Published by: Masarykova univerzita nakladatelství
Keywords: contract for work; constraction contract; variations; price adjustment; alteration to the scope of work
Summary/Abstract: The article deals with the effects of agreements on changes to the subject matter of the work on the price. Section 2614 of the Civil Code provides that in the case of an agreement to reduce the scope of the work, the price will be reduced if the parties have not agreed on the consequences for the price. However, the law does not define the consequences of extending the scope of the work or so-called qualitative changes. This is a difference from the source regulation in the Commercial Code, which dealt with all types of changes to the subject matter of the work. The literature does not agree on whether, with regard to the apparently intentional change in legislation, the regulation should be interpreted only in favour of the client, or whether the possibility of price increase can also be inferred through other statutory provisions. The article attempts to provide a convincing solution to the consequences of agreements on changes to the subject matter of the work, both in the context of interpreting the parties’ agreement and the dispositive statutory provisions. The article also contains recommendation for practice.
Journal: Časopis pro právní vědu a praxi
- Issue Year: 32/2024
- Issue No: 2
- Page Range: 243-278
- Page Count: 36
- Language: Czech