Sborník č. 51

Abstract Theme of this paper is general conditions in contractual commercial relations. Author aimed not only to analyzecontemporary legal regulation but also compare this regulation to new civil code effective from January 1 st 2014. The ambition of author was not to summarize all details in regulation of general conditions but above all pick up few major changes being brought by new regulation and therefore analyze main differences. New regulation is also compared to principles of European and international civil and commercial law, formulated by the academics (especially principles of contract law). First part primarily examines notion of general conditions and presents two basic types of them. Next two parts concern two main new legal institutes in regulation of general conditions. First deals with protection of contacting parties – especially doctrine of surprising terms, second concentrates on specific problem of contracting process – battle of forms. Botharediscussed from the aspect of European and international civil doctrine (inspirational source for new civil code). Attention is focused also on practical problems.

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