Journal of the Charles University Law Faculty
Tomáš Danihlík
Author’s affiliation:
Faculty of Law, Charles University in Prague
On Contractual Obligation, Legal Dualism and the Nature of the Private Primary School Education Contract
Jurisprudence 4/2024 Section: Articles Page: 33-41
Keywords: contractual obligation, legal dualism, private school, consumer contracts, public law contract, public subjective rights
Abstract: Several issues arise in relation to the interpretation and application of an education contract in a private primary school. First of all, the nature of the contract as a public or private law contract, and possibly as a consumer contract, needs to be clarified. Either way, one of the parties should undoubtedly be entitled to protection as the weaker party. At the same time, this contract is an example of a contract that can be claimed, which raises the issue of the contractual obligation constituting an exception to the principle of autonomy of the will on which contemporary private law is based. The early termination of the contract in case of a serious breach of duty by one of the parties also brings problems. The article examines in more detail the specific nature of the educational contract, the contractual obligation and tries to find an acceptable solution to the complicated situation arising in connection with the early termination of this contract.
