Incorporation of General Conditions into the Contract

Above mentioned problem of general condition incorporation analyzed in two levels: - in the level of confiicts of law and in the level of substantive law.

The level of conflicts of law take into account both the level of national law (Czech Code on International Private Law) and uniform law (i.e. Convention on the Law applicable to Contracts for the International Sale of Goods and Roma Convention on the Law Applicable to Contractual Obligations). For the reasons given in the paper I do not find useful to govern the incorporation of general conditions exclusively by lex causae. It has been suggested from Czech regulation to use the possibility of the exception from the scope of lex causae in article 4 Code on International Private Law. Uniform Law does not solve this problem direct, however, exists the possibilty in the framework of the general regulation to use the exception from the scope of legis causae.

In the level of substantive law we have analyzed this problem from the point of view of the UN Convention Governing Contracts on International Sale of Goods and some national laws which are usually used through choice of law (or throught conflict of law rules) by Czech businessmen. The conclusion is similar - the regulation of general conditions has been left to be determined only by general provisions on the contract. A specific character of this phenomenon has not been regarded. This unconcern of substantive regulatins furthermore deepens the problems connected with general conditions (typically the problem of battle of form).