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Contractual obligation to conlude a banking contract

Publication at Faculty of Law |
2022

Abstract

Determining the obligation of a legal entity to conclude a contract with another legal entity or a natural person was common in the Czech Republic in the period before 1990. However, this was a period of socialist social ownership and state dirigism of the national economy.

For the market economy and private property, the determination of the obligation to conclude a contract by law is a rather exceptional phenomenon. Nevertheless, this phenomenon has appeared in the legal system of the Czech Republic and is beginning to spread.

The contribution focuses on these cases and assesses the determination of contractual obligations by law in relation to the legal principle of contractual freedom typical of private law.