Ke kontraktaci a předání díla (kontrola, zkoušky, předání a splnění)
| Title in English | The contracting and handover (inspection, testing, handover and fulfillment) |
|---|---|
| Authors | |
| Year of publication | 2011 |
| Type | Article in Periodical |
| Magazine / Source | Justičná revue |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | inspection; testing; handover; fulfillment |
| Description | In the Commercial Code, there is explicitely stated, that the employer is entitled to control the execution of the work. If the employer finds out that the maker executes the work in conflict with their duties, he is entitled to ask for removing defects caused by a faulty execution and ask for executing the work in a proper way. The maker is responsible for the defects, which the work has at time of its handover. If the danger of a damage on a made article is transferred later, the time of this transfer is consider to be decisive. Besides, the maker is responsible for the defects of the work created after this explicit time, if those were caused by violation of maker's duties. During an execution of a work, a maker acts separately and they are not bound by instructions of an employer, unless they oblige explicitely to fulfil them. If they execute it separately, they bear the linked risks. If they execute the work according to the instructions of the employer, they should evaluate the instructions within an expert care, which can be required. |
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