|
| |
|
|
A comparative view on conflict of laws in contractual relationships
Chvosta, Luděk ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Poláček, Bohumil (referee)
The dissertation, while incorporating and building upon previous work of the author, aims to analyze in greater detail (both from an historic perspective and from a viewpoint of current trends and associated theories) the ever-repeating discrepancy between choice- of-law regulation of contractual relationships in the Czech Republic (or the European Union) on the one hand and the Common Law legal culture (especially the United States) on the other. Recent scholarly articles are also critiqued. The following major Common Law related tenants are extrapolated from a relatively extensive background of materials: (i) Conflict of Laws in the United States constitutes an interstate system as opposed to an international system utilized by European law. Duet he federal structure of the United States and the volume of interstate trade (trade between the various states of the United States) American Conflict of Laws retains a domestic character, (ii) Conflict of Laws is not governed on a federal level and the Supreme Court of the United States has repeatedly ruled that when a federal Choice of Law clause is warranted the state-level counterpart shall be used instead analogously, (iii) due to the aforementioned domestic characteristics and case law of the Supreme Court of the United States American Conflict of...
|
|
| |
|
|
The Law of Contracts in the United States of America (The Approach to Conflict of Laws in American Contracts)
Chvosta, Luděk ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
- 105 - The Law of Contracts in the United States of America (The Approach to Conflict of Laws in American Contracts) Summary: This thesis aims to compare the fundamental principles and basic ideas behind the law of contracts in the Czech Republic and the Unites States, hoping to introduce the reader not only to the pivotal maxims inherent to each of these two widely differing legal systems, but also to their respective idiosyncracies and mutual inconsistencies. It further wishes to explane the rather unique position of Conflict of Laws in the United States - its history, origin and some of its major differences when compared to International Private Law as it is known in Europe. The first part of the thesis offers a quick refresher course on selected legal concepts of Czech contract law handpicked with the express intent of comparing them to their American counterparts. A discussion of the history, sources and types of contracts in the United States then follows. A general analysis of Conflict of Laws in the United States and its history is also included. The second part of the thesis contains the contractual comparison itself, analyzing the sometimes subtle, sometimes far-reaching impact of discovered discrepancies in various stages of contractual offers and acceptances on the understanding of American...
|
guest ::
