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Recognition and execution of foreign arbitral awards
Kobzová, Andrea ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
63 Recognition and execution of foreign arbitral awards Abstract This thesis deals with the issue of recognition and performance of foreign arbitral awards in the field of private international law. The aim of the thesis is to clarify the distinction between recognition and performance and to focus on the issue of enforceability in judicial and enforcement proceedings. The thesis is divided into four chapters describing individual elements of arbitration and recognition and enforcement of arbitral awards. In the first chapter I deal with the arbitration, which is a prerequisite for the arbitral award. The second chapter defines the arbitral award itself, its particulars, types, and the procedure for its abolition. In the third chapter I dealt with the most important sources in the field of foreign arbitral awards and the last chapter is the most comprehensive. It contains a process of recognition and execution, including denial under the New York Convention, the current issue of the decision-making practice of the Supreme court of the Czech Republic, as well as recognition and enforcement in the territory of Switzerland. At the end of the thesis the Swiss and Czech legal regulations of the arbitration proceedings are compared, the amendment of the rules of arbitration of the International Chamber of...
The Internet and Private international law
Bederka, Pavel ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
VIII Abstract The Internet and private international law This master's thesis deals with the current state and future development of the concept of digital content in the law of European union. A brief history concerning the Brussels- and Rome- community conventions and their replacement with the current regulations is presented in the first part of the thesis, along with several interesting cases of the Court of Justice of the European union. A model international consumer contract for supply of digital content concluded over the internet is used in conjunction with the Pammer/Alpenhof case in order to demonstrate the concept of directed activity within the meaning of the Brussels I recast and Rome I regulations. Next, the Falco and Usedsoft decisions are analyzed, along with possible consequences of the asserted exhaustion of intellectual property rights after first transfer of an intangible copy of copyrighted software, and the implications thereof. Subsequently a short theoretical digression is made to dissect the notion of goods as used by the UN convention on contracts for international sales of goods, in order to determine the limits of the convention vis-à-vis intangibles. The Vienna convention also presents a useful mirror to the (now dead) proposal for Common European sales law (CESL), as the...
Protection of a Weaker Contract Party and Private International Law
Skalská, Helena ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Brodec, Jan (referee)
Protection of a Weaker Contract Party and Private International Law The topic of this dissertation thesis is the protection of weaker parties in the context of determination and application of the applicable law. The dissertation seeks anchor and concept of protection of weaker parties in the Rome I Regulation. The thesis is divided into three main parts. The first part deals with the basis for protection of weaker parties, linking the theoretical and value foundations on which the protection stands with practical implications that ignorance of significantly unequal position might have. For a comprehensive understanding, it is necessary to look at the background of individual legal rules. However, dealing with these issues cannot be viewed solely in the context of private international law. Certain legal institutions of private international law may not be designated solely for the protection of certain categories of weaker parties but may be used to protect a weaker party with regard to the concept of a weaker party and the importance of its protection in substantive law (especially civil law). The second part, which is the focal point of this thesis, consists in the analysis of ways of protecting the weaker parties, both at a more general methodological level and in the form of a more detailed...
The Principle of Mutual Recognition of Decisions in European Union Countries
Kozárek, Tomáš ; Pauknerová, Monika (referee)
The thesis deals with the matter of the principle of mutual recognition, which is used as a tool in the recognition of judgements between EU Member States. Three main aims in the framework of research based on this topic were set:  Clarification of the development and functioning of the principle of mutual recognition of judgements in EU countries as a demonstration of mutual trust between EU Member States in fair decision-making of their courts including possibilities how to refuse recognition of judgement.  Analysis of a possibility to refuse recognition of judgement, in particular on the basis of public policy reservation under the EU law including cases, where public policy reservation cannot be applied, however effects of such recognized judgement would be unacceptable for the state of recognition.  Analysis of effort to reduce possible obstacles in the process of recognition of judgements in EU countries in connection with the guarantee of fair trial and adherence to human rights and the rule of law. In connection with these aims, the thesis contains an attempt to clarify, whether the system of recognition and enforcement of judgements between the EU Member States provides an opportunity to refuse recognition of judgement for states that would consider such a judgement as inequitable. This...
Liability of the seller for defects in international commercial transactions under the United Nations Convention on Contracts for the International Sale of Goods
Zmatlíková, Kristýna ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Liability of the seller for defects in international commercial transactions under the United Nations Convention on Contracts for the International Sale of Goods Abstract This thesis deals with the liability of the seller for defects in international commercial transactions, contained in the UN Convention on Contracts for International Sale of Goods. The document, which is binding for 89 states from different parts of the world, is the most important document in international trade law that contains unified regulation. The Convention determines substantive rules for contracts on international sale of goods defined as a contract on sale concluded between two parties, each of them having its place of business in a different state. If both of these states are parties to the Convention, it is directly applicable, i.e. it is used without reference of conflict of laws rules. Unification of regulation is important in the field of international trade, especially in the area of contracts on sale of goods, which is the most often used type of contract. The most problematic situation in business relationships is when a party fails to meet its contractual obligations. For that reason, in order to ensure the most favourable environment for international business and economic development, it is essential for traders to...
Topical issues of the regulation of international air carriage
Zima, Jiří ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
76 Abstract Topical issues of the regulation of international air carriage The object of this presented thesis is to inform readers about the phenomenon of the international air carriage. This rapidly growing transport industry is bringing attention mainly because of its thorough practical usability. The first part of the thesis is dedicated to the specification of the basic concepts, these will be found in the rest of the thesis all through. To comprehend the actual topical issues it is essential for the reader to familiarize with the historical development of the air carriage. Especially in the 20th century the air carriage went through a swift progress that lead to a recent modern aerial transportation for long distances as we know these days. The second part draws attention into the basic legal sources of the air carriage concentrating not only on the international and European level but also on the Czech laws. Transport customs are not omitted, neither is practice of the courts that has a growing importance. Author of this paper engages in particular rights of the passengers in the air transportation and subsequent liability of the carrier in the third part of the thesis. Recently travelling through the air has become a very commonly used method of transport. From this reason it is necessary to point...
Mediation as a form of alternative dispute resolution in Europe
Skoumalová, Sabina ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
The aim of this diploma thesis is to explore the term mediation, its principles and its process. Another aim is a comparison of selected mediation rules and last but not least assessing the quality of the implementation of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters into the legal order of the Czech Republic and the Netherlands. The content of the first chapter is focused on mediation and its place among the alternative dispute resolution methods. The thesis engages in the meaning of this term, its historical grounds, principles, the fundamental classification of mediation approaches, the evaluation of its advantages and disadvantages as well as the analysis of phases of the mediation process. The second chapter deals with the institutionalized mediation. After analyzing this term, the advantages and disadvantages of this approach are explained. The main part of this chapter is the examination and the comparison of the most important provisions of mediation rules of prestigious, Europe-based international institutions such as ICC, VIAC and WIPO as well as the UNCITRAL Conciliation Rules, which are applicable for ad hoc mediation. The third chapter is dedicated to the legal framework of mediation at...
Topical issues of the regulation of international carriage
Sedláček, Vojtěch ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
Topical issues of the regulation of international carriage Abstract The topic of this thesis is international air carriage and its legal regulation which is, due to the highly international nature of air carriage, mainly International and EU. The thesis is systematically divided into 5 main parts. The introductory part is focused on carriage and air carriage in general. It provides definitons of basic concepts, with which the following sections work, a brief historical outline and also current issues and challenges in international carriage, thus bringing this topic to the reader in a detailed perspective. Another discussed point are the international organizations authorized to issue legislation and how they have recently gone through some changes. The second part is dedicated to legislation; especially International and EU legislation. An Interpretation is also provided to the Czech legislation. However, this only plays a rather complementary role, resulting from the highly international character of air carriage. The following two parts are, according to the nature of air carriage, divided into cargo and passenger transport legislation and they are focused mainly on liability of an air carrier. The fourth part also aims to inform the readers about passengers rights arising from air carriage legislation,...
Damages under Article 74 of the United Nations Convention on Contracts for the International Sale of Goods ((CISG)
Bečvářová, Bára ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The thesis focuses on the issue of damages under Article 74 of the United Nations Convention on Contracts for the International Sale of Goods (hereinafter the "CISG") as one of the possible outcomes of a breach of international sale contract. The general goal of the thesis is to comprehensively describe possibilities of the innocent party when claiming the damages under Article 74 of the CISG while focusing in detail on the issue of calculation of damages. The contents of the thesis are separated into three parts. First two chapters of the thesis cover general topics related to CISG such as its importance in the field of international sales and historic context of both the CISG as a whole and its Article 74 in particular. The reader's attention is aimed at the position of Article 74 within the CISG and detailed description of the principles governing its application, including in particular the principle of full compensation and related categorization of loss for which the damages can be awarded. Apart from the extent of the innocent party's right to damages, the thesis also describes the limitations of such right, namely the foreseeability of the loss and the obligation of the innocent party to mitigate it. In its second part, the thesis focuses more closely on the calculation of damages. In this...
Autonomous will in conflict of laws in international private law
Kolářová, Eliška ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
Autonomous will in conflict of laws in international private law Abstrakt This thesis deals with the traditional private law principle of autonomy of will in conflict of laws in private international law. Its expression is the choice of the applicable law, which is one of the connecting factors. This institute has been known since the Middle Ages, but due to the legislative activity of the European Union, it has recently appeared in areas where it has not previously been. The choice of the applicable law allows participants to choose the law that best suits their needs. The objectives of this work are to map the development of the choice of law and the reasons which led to it. Another objective is to explore the various existing restrictions on the choice of law and to consider their necessity. In the first half of my work I deal with the principle of autonomy of will and the choice of the applicable law in general. I examine both the history of this institute and its advantages, as well as its possible division and limitations. I also mention the debate on the necessity of the presence of an international element in the legal relationship. In the second half of the thesis I examine the concrete form of choice of applicable law in both contractual and non-contractual obligations, inheritance and family law....

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1 Pauknerová, Marie
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