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International sales contract in relation to consumer
Koričanská, Marie ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
The thesis deals with issues of the position of consumer as a contracting party in case of international sales contract and it deals with the protection which is provided to consumer in the international trade, especially in relation to the consumer's position. In the first three chapters the thesis focuses on general explanations relating to the international sale of goods relating to consumer, namely on the definition of sales contract, the foreign element in case of international sales contract and basic approaches of legal regulation in private international law. The fourth chapter concentrates on the consumer. Regarding the consumer contracts, the thesis analyses the basic terminology of therein in the Czech and the EU context. The previous explanations are followed by other five chapters which analyze the specific provisions of the legislation of private international law which are related to consumer protection as a party international sale of goods. The thesis therefore concentrates on the Vienna Convention on the international sale of goods (CISG), Rome I Regulation, proposal on CESL and Act on Private International Law. At last, the thesis evaluates the development concerning the consumer protection in the private international law. In addition, relevant case law is presented for each...
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Conflict of Laws in the European Union Law concerning Obligations
Spozdilová, Karolina ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Kučera, Zdeněk (referee)
The aim of this thesis is to analyze the proper law under the Rome I Regulation and the Rome II Regulation and find out the differences and similarities between them. The thesis is composed of introduction, four parts and conclusion. The part One describes general and theoretical topics of European Private International Law (EPIL) - explains the notion and methods of regulation of Private International Law, notion, meaning, and sources of law and principles of application of EPIL. The part Two is concerned with the history of creation, structure, and scope of the Rome I and Rome II Regulations. Parts Three and Four represent the core of this thesis. The part Three analyzes the proper law of contract under the Rome I Regulation and non- contractual obligations under the Rome II Regulation. It focuses on ascertaining of the applicable law for obligations, on limits of the proper law and other related questions. Part Four summarizes all knowledge. It illustrates the results of comparison of the Rome I and Rome II Regulations.
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Marriage from a Christian Perspective
Ambrosio, Šárka ; Kučera, Zdeněk (advisor) ; Vogel, Jiří (referee)
Manželství z křesťanského pohledu Marriage from a Christian Perspective Šárka Ambrosio This work is based on the provisions of the biblical creation of man (as male and female) and the concept of marriage in the New and Old Testament. I reflected on the legal status of marriage in modern society and the provision of marriage according to the order of the Roman Catholic Church, the Czechoslovak Hussite Church society and the Christian community center as well as comparing their views on marriage and their wedding ceremonies. This literal work is divided into two parts. The first section is a biblical description of marriage from the old and new testament and its perspective regarding marriage from these three individual churches. The second section describes ten moral values of a healthy Christian marriage from my own personal observations and studies from the Bible. This chapter may be an inspiration to many people and to their marriages. The various questions about marriage are answered in the Bible. Every marriage has the chance to resolve its own issues for a healthy and satisfying relationship. The aim of this work was not only to describe marriage from the three different Churches, but also to show people that if two individuals share a common faith and have core values, the greater chance they...
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The Limits of the Applicable Law of Obligations
Šidla, Pavel ; Růžička, Květoslav (advisor) ; Kučera, Zdeněk (referee)
This thesis discusses the limits of statute of contractual obligations solely from the perspective of conflict of law rules. It is based primarily on the analysis of national conflict of law rules contained in Act No. 97/1963 Coll., On International Private and Procedural Law and Act No. 91/2012 Coll., On Private International Law. There are also analyzed relevant standards of the European Parliament and Council Regulation (EC) No. 593/2008 on the law applicable to contractual obligations (Rome I) and conflict of law rules in the German Initial Act to the Civil Code, as well as in the Swiss Act on Private International Law. Powered by TCPDF (www.tcpdf.org)
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Private international law in a comparative perspective (International family law in Czech republic and in Federal Republic of Germany)
Černá, Aneta Antonie ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
Private international law in a comparative perspective: International family law in the Czech republic and in the Federal Republic of Germany The subject matter of this thesis is a comparison of Czech and German legal regulations of international family law. I have concretely focused on a regulation of matrimonial law with an international element and on a regulation of relations connected with registered partnership containing the international element. I have chosen this subject matter because this field has not been completely unified by a legislation of the European Union and so that I can compare legal regulations in the Czech Republic and in the Federal Republic of Germany. It is a really actual theme because a new law act about international law is going to be effective from 1st January, 2014 in the Czech Republic and furthermore the Regulation Rome III governing applicable law for a severance and divorce has become effective in some member states of the EU. Also there have been designed other new Regulations regulating marital relations and relations of registered partnership with the international element. A development of a new legal regulation allowed me to elaborate the topic with using information which has not been used so summarily yet. So this work could be a contribution according...
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Radical critique of religion in new atheism form the view of today's theology
Szamaránszky, Balázs ; Vogel, Jiří (advisor) ; Kučera, Zdeněk (referee)
This master thesis divides arguments of contemporary, popular and radical critique of religion, also known as new-atheist, to typological groups. These typological groups are defined by the subject of their critique. Comparing them with reaction of contemporary theologians which reacted on it. Thus it evaluates arguments of both sides and researches if the theologians reacted on all of arguments presented by new-atheist and if it was adequate. Methodology is based on typological groups of arguments based on the subject of the critique extracted from works of most influential new-atheists and most known theologians.
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The Determination of Governing Law in the Absence of Choice in Selected Obligations in the Czech Republic and in the United States
Chvosta, Ondřej ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
rigorózní práce v anglickém jazyce: This thesis compares the determination of governing law in selected obligations in the Czech Republic and in the United States. This comparison is made against the background of two principles: legal certainty (typical for the Czech Republic) and Equity (typical for the United States). Chapter one discusses the different approaches to private international law in the two countries, and discusses the relationship between Equity and Legal Certainty. Chapter one also discusses the applicable sources of law. Chapter two compares the different approaches to choice of law in contractual obligations. The choice-of-law rules of relevant Czech and European statutes are analyzed in detail. Furthermore, the American approaches to choice of law are introduced and examined, namely: the First Restatement approach, Currie's Interest Analysis, the Second Restatement approach, the Better Law Approach, and the Significant Contacts Approach. Chapter three is analogical to chapter two, but it focuses on non-contractual obligations (Torts). The focus of this chapter is EU Regulation Rome II and the particularities of the First and Second Restatements and Currie's Interest Analysis when applied to torts. The conclusion summarizes the author's main ideas and opinions.
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Bills of Lading and other Shipping Documents in the International Maritime Transportation
Zavadilová, Kristýna ; Brodec, Jan (advisor) ; Kučera, Zdeněk (referee)
(EN): Bill of Lading and other Shipping Documents in the International Maritime Transport Main aim of this thesis is an introduction to the law regulating shipping documents used in the international maritime transport and summary of current and possible future development in this area of law. The relationships arising from issuance and handling with the shipping documents may be quite complicated and the purpose of this thesis is to present these issues that have not been explored deeply in the Czech Republic yet. The original reason that led me into choice of this topic is my personal interest in international trade, ships and securities. The shipping documents enable smooth operation of the international transport and the international transport facilitates the international trade as such. At present, almost all goods at the market are being shipped via ocean during their way to the final customer. The entire movement of goods via ocean is being conducted under shipping documents and the significance of the shipping documents is therefore considerable. As a result of speed and volume sprout of the transport during last two decades, as well as growing popularity of door-to-door multimodal transport and computerization of all data and documents in general, the transport documents are undergoing...
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Legal regulation of a sales contract in international business transactions
Svobodová, Iveta ; Růžička, Květoslav (advisor) ; Kučera, Zdeněk (referee)
The topic of this thesis is a legal regulation of sales contract in international trade. Because of the scope of this work is purchase agreement in a trade, the scope of these diploma does not represent consumer sales (contract of sale between a business and private person who is not acting in the course of his or her business). To better understanding all relations in this thesis, is necessary to explain certain specifics, which are arising from this work. The first parties of this sales contract could be only business persons (undertakers), they are having their "places of business in different states." The second the notion "place of business in different states" means here is going about international contract of sale and so represents subjective aspect of international purchase agreement. Conception of international sales contract in the view of this subjective aspect enforcemented in all legal rules, which regulate international purchase agreement. The thesis is composed of three chapters and eighteen subchapters and provide so quite detail view on the legal regulation of sales contract. Chapter one consists of six subchapters and focuses on general questions, which relate to sales contract in international trade. The first is determined the notion of purchase agreement view in respect of...
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The law applicable to obligations with an international aspect
Reimarová, Eva ; Růžička, Květoslav (advisor) ; Kučera, Zdeněk (referee)
The topic of this thesis is the law applicable to obligations with an international aspect, which is an area that presents a complex and important part of private international law. Statutes dealing with obligations with an international aspect may be of national, international or EU origin and employ different methods to regulate such obligations. Therefore, in comparison with national legal disciplines, the determination of the appropriate legal statute may prove challenging. One of the questions this thesis deals with is the relationship between these statutes and the basic principles upon which the selection between them should be made. Obligations with an international aspect are at the present time dominated by two EU regulations, namely the Rome I Regulation which deals with contractual obligations and the Rome II Regulation which deals with non-contractual obligations. A large portion of this thesis is devoted to their analysis. Instead of a detailed description of their every provision, which for the purpose of this work is unnecessary, this thesis focuses on the scope of application of these Regulations, the conflict rules and the scope of the applicable law. Chapters two and three are a general outline of the issues that follow in this work. The second chapter explains the basic terms...
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