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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....
Insurance in maritime transport of goods from international points of view - selected aspects
Novotný, Filip ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
The thesis diploma is focused on the issue of insurance in maritime transport of goods from international point of view. Marine insurance is very important part of sea transport and belongs among the most important components of its smooth functioning. The objective of the thesis diploma is to introduce and explain the topic of marine insurance in comprehensive manner, using domestic and foreing law, literature and judicial decisions. The thesis diploma is focused on English law which is considered to be the most developed in this field. The reason I chose this topic is my personal interest in both marine insurance and sea transport, since I consider both fields to be very important part of international commerce. The first chapter is dedicated to the definition of relevant terms, subsumption of sea transport into a legal framework of carriage and forwardning relations and division of sea transport. The first chapter provides as well a list of important legal enactments relevant to the topic of the thesis diploma. The second chapter is the core of the work, since it provides closer explanation of the contract of insurance in Czech and English law. In terms of the second chapter the work pays attention to the process of formation of insurance contracts in English law, and to the importance of a...
Companies in private international law
Lembas, Jan ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The objective of this thesis is to analyze legal framework of companies in private international law with focus on cross-border mobility of companies in the EU. The work consists of an introduction, five chapters and a conclusion. In the first chapter, the basic terminology used in the work and terms of private international law, collision standards, legal entities (persons) and companies are presented and defined. The second chapter is devoted to the personal statute of company and analyzes main theories of determining a personal statute - the incorporation theory and the real seat theory, their advantages and disadvantages are discussed and their comparison is mentioned at the end of the chapter. Incorporation theory enables cross-border transfer of company seats and defines law applicable to company forever, real seat theory has a protective function. Whereas incorporation theory uses the foundation of a company to determine applicable law, real seat theory uses the real seat of a company, the actual place where the company centers its activity. The third chapter discusses the subject from the point of view of the EU law. The freedom of establishment as legal basis for the movement of companies within EU is analyzed as well as basic articles of primary law regarding right of establishment....
Mediation as a Mean of International Commercial Dispute Resolution
Vanišová, Veronika ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee) ; Feigerlová, Monika (referee)
1 ABSTRACT MEDIATION AS A MEAN OF INTERNATIONAL COMMERCIAL DISPUTE RESOLUTION This dissertation deals with the phenomenon of discrepancies between commonly shared perceptions about international mediation and its real and practical situation. The aim of this disertation is not to analyze the legal provisions on mediation in individual national jurisdictions or to analyze individual provisions of the private international law, which potentially apply to issues of cross-border mediation. The intention is to point to current trends and current issues in the field of international mediation. We especially want to conduct generally accepted theoretical concepts of mediation in an international context critical view by comparing it to empirical dates proving the actual state of mediation as a method of resolving international business disputes. The first part of this disertation summarizes the basic theoretical background related to mediation, which serves as a basis for the construction of generally recognized premises in this field. These premises relate to the context of international commerce. Therefore, it deals with the mediation principles, models and important aspects that are relevant to international commercial disputes with an international element. In the second part, the disertation tries to point...
International Child Abductions
Karetová, Barbora ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee) ; Zavadilová, Marta (referee)
International Child Abductions Abstract in English This dissertation thesis deals with the issue of International Child Abductions, which is a constantly growing phenomenon. The focus of the legal regulation of international abductions lies within the Hague Convention on the Civil Aspects of International Child Abduction (hereinafter referred to as the 1980 Convention), which was adopted on 25 October 1980. There are already 98 signatory States of the Convention. This fact makes the Convention, at least in terms of the number of signatory states, one of the most successful international treaties at all. In spite of the nearly forty years of this Convention, there are still uncertainties in interpretation of certain terms during its application. The introductory part of this work deals mainly with questions of interpretation of basic concepts such as habitual residence or the right to care for a child, as well as the interpretation of individual exemptions from the obligation to return the child to the state of his habitual residence without delay. This section analyzes in particular the case law of the United Kingdom and United States courts, which account for nearly 50 % of all international abductions. Recently, there has been discussion among academics and other professional on the decision- making...

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1 Pauknerová, Marie
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