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Corporate Mobility within the European Union
Laurincová, Lucia ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This thesis deals with the mobility of companies within the European Union and the actual scope of freedom of establishment. The aim of this thesis is to analyze the possibilities of conducting business with cross-border element taking into account the developments in this area with a special focus on options to transfer the seat in the light of the milestone judgments of the Court of Justice. European law also offers an opportunity for conducting business using European entities, which shall reflect the needs of cross-border activities. The present state is moreover evaluated with respect to the currently proposed legislation.
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The Rome Convention and Rome I Regulation on the Law Applicable to Contractual Obligations
Aubrechtová, Karolina ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Rome Convention and Rome I Regulation on the law applicable to contractual obligations The purpose of my thesis is to analyse some main aspects of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (the Regulation) especially with regard to the Rome Convention on the law applicable to contractual obligations from 1980 (the Convention) and to provide an overview of changes compared to the Convention. The Convention was published in the Collection of the International Treaties as notification No 64/2006 Sb. m. s. and it applies to contracts concluded after 1 July 2006. The Regulation oblige the courts of all EU Member States except Denmark to determine the applicable law for contracts with an international element entered into on or after 17 December 2009 according to the Regulation's provisions. Where neither the Convention nor the Regulation applies, the Czech courts will generally look to the relevant national law, Act No 97/1963 Sb. on Private International and Procedural Law as amended. From 1 January 2014 would be applied its superseder Act No 91/2012 Sb. on Private International Law. The thesis is composed of ten chapters, each of them dealing with different aspects of choice of law rules applicable to contractual...
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European international law - selected issues
Ondrušová, Miroslava ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
1 ABSTRACT European international law - selected issues The subject of this thesis is an analysis of a new procedural measure of European law - European order for payment (hereinafter as "EOP") and exploration of its application in practice from the perspective of the Czech plaintiff and Czech court. I have chosen this topic because of my own experience concerning cross-border debt recovery through the EOP. In this context, I decided to find out how this legal measure works in practice with regard to its purpose of providing a simplified, accelerated and cost effective procedure for the recovery of uncontested pecuniary civil and commercial claims in cross-border cases. In the final part of the thesis, I made the conclusion that the Council Regulation 1896/2006 of 12 December 2006, in creating a European order for payment procedure, (hereinafter as "REOP") meets its objectives and its implementation is a valuable asset to the creditors against non paying debtors. The thesis is divided into 3 parts. The first part is as an introduction to European private international law containing five chapters. The first and second chapters explain the concepts of private international law and European private international law. The third chapter deals with their mutual relationship. The fourth chapter describes the...
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Companies in Private International Law with a Special Focus on the Relocation of the Seat of a Company within the European Union
Čuboňová, Jitka ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The purpose of my thesis is to analyse the current legal situation, both from the Czech and European legislation point of view, concerning the transfer of the seat of a company within the area of the European Union. As evident from the title, the paper focuses on the topic from the European perspective primarily and the issue of the relocation of the seat from, or into, a non-member state is not dealt with in details. The thesis consists of four chapters. The first one introduces a necessary terminology connected with the relocation of the company's seat. Firstly the terms "personal status" on the one hand and "nationality" of the company on the other hand are compared. Then the incorporation theory and the real seat theory are briefly outlined, as well as the conflict that may arise between these doctrines. The second chapter relates to the relevant Czech legislation in this matter which is currently in force. The chapter is divided into three subchapters. The first one concerns the analysis of the important topic related paragraphs of the International Private Substantive and Procedural Law Act, the second one aims at interpreting the substantial provisions of the Commercial Code, finally the Conversion of the Companies and Cooperatives Act is reviewed with the special focus on the recent...
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Contractual and Non-contractual Obligations in International Private Law
Lesňáková, Katarína ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
In this paper we examine contractual and non-contractual obligations in situations involving a conflict of law. The special emphasis is given to overriding mandatory rules, the importance and impacts of these rules of law on civil and commercial relations with international element. This thesis is composed of four parts and each of them is subdivided into further sections and paragraphs. In the first part, we introduce the general theory as theoretical base of the subject and we define the key terms. The question concerning the role of Czech courts in the application of foreign law is also mentioned. Subsequently, we analyze national Czech legislation and we focus on the relevant provisions contained in the draft of new Private International Law Act. By becoming Member State of the European Union in 2004, Czech Republic undertook to accede to the 1980 Rome Convention on the law applicable to contractual obligations. Second chapter is dedicated to this international treaty which has clarified the concept of "mandatory rules" but has also given rise to some qualification problems. We discuss the relationship between overriding mandatory rules and protective mandatory rules (particularly rules of consumer and labour law) and present the main approaches to this problem. Rome I and Rome II regulations...
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Legal Regulation of International Arbitration Procedure in the Czech Republic and Argentina
Milerová, Sylvie ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
Legal Regulation of International Arbitration Procedure in the Czech Republic and Argentina The purpose of my thesis is to describe the legal regulations of international arbitration in the Czech Republic and Argentina, find the differences between them and draw appropriate conclusions. The thesis begins with an introduction, where I outline the reasons why I chose this topic, the method used and the outcome that I plan to reach. Following the introduction, the thesis is divided into six chapters. The first chapter provides the reader with a general overview of basic concepts of arbitration. The chapter begins with an attempt to define what arbitration is by putting it in a historical context and then placing it within (or beyond) the scope of alternative dispute resolution. Next, the four main theoretical concepts, which are crucial for the understanding of arbitration, are outlined. The last part of the chapter contains the advantages and disadvantages of arbitration, which explain the popularity of (international) arbitration. The next chapter deals with the legal regulation of international arbitration in the Czech Republic. It opens with a brief description of development of arbitration throughout Czech history and then is divided into sub-chapters dealing with specific elements of...
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The Convention on the Civil Aspects of International Child Abduction and the International Private Law
Jirmanová, Miroslava ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
Since the late 20th century there has been an increase migration in of people due to the development of new technologies, easier ways of travel and the opening of national borders. People travel abroad for jobs, studies, or exploring new countries. During these travels some of them find life partners abroad, settle down there, conclude marriages and establish families. It often happens that such marriages end in divorce. If children are born in such a wedlock questions arise as to who will take care of them, who will pay maintenance etc. In some cases a parent decides to solve a conflict situation in such a way that he/she moves with the child without consent of the other parent to another place within the country or he/she decides to move to another country, usually to the country of his/her origin. He/she wants to settle there with the child and to legalize staying there. Such removal where national borders are crossed is considered to be international child abduction. The basic document dealing with the issue of international child abductions is the Hague Convention on the Civil Aspects of International Child Abduction (hereinafter the Hague Convention) adopted on 25 October 1980 and currently acceded to by 87 states. The Hague Convention establishes rules according to which cases of...
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Sharia Law, particularly Islamic banking, in relations with international elements
Hrdličková, Ivana ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
Charles University in Prague Faculty of Law Abstract of the dissertation The title of the dissertation: Sharia Law, particularly Islamic banking, in relations with international elements Author: JUDr. Ivana Hrdličková Supervisor: Prof. JUDr. Monika Pauknerová, CSc., DSc. Prague, February 2012 Key words: Islamic finance, sharia, mudaraba, musharaka, murabaha, ijara, sharia compliant, international law, choice of law, contract, riba, gharar, maisir. The dissertation, Sharia law, particularly Islamic Banking in the relations with international elements, considers an actual topic and branch of islamic law. Neither islam nor islamic law is a legal system applicable at any particular territory. However, legislation of the countries with majority of muslim population, is based, more or less, on islamic law. Whereas due to migration and globalization, islamic law unavoidably interferes in international law. The legal regulation of international private law under the terms stipulated by the law leads to the use of foreign law. One can thus meet the legislation based on islamic law, including in the field of contract law. In commercial contracts, where the one side is from countries where islamic law is a source of legislation, may be the choice of law (in accordance with article 3 of Rome I), which form's the basis...
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Internet and Private International Law
Zezulka, Denisa ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
This thesis deals with the union between the most modern communication channel yet - the Internet, and private international law. This relationship is not accidental, because the Internet provides a means through which subjects are able to communicate with each other across the world. In its simplest definition, the Internet can be defined as a worldwide system of interconnected computer networks. However, from a legal perspective - the Internet is not a legal subject in its own right, it does not have any legal obligations and therefore does not exist. The Internet is however, undoubtable a part of our every day lives. The initial focus of Internet legislation was only on the technical aspects. However as the number of Internet users has grown, the need for more specialized legislation also has. Often this specialization is assembled through the interpretation of existing laws. This thesis provides a detailed mapping of such private international laws and Internet law - which should be regarded as a separate legal specialization. It is found that the Czech Constitution and other constitutional laws provide a base for private international law at the country level; The Act on Private International Law and Rules of Procedure also provides legislation, which may be regarded as specialized. At the...
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Choice of law in European context
Štefková, Elena ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
The aim of the thesis was to analyse the institute of the choice of law in european context and to indicate related pros and cons. Because of the fact that rootes for party autonomy are deepest in contractual obligations, special attention is paid to the choice of law in contractual obligations and differences between the adjustment of questions connected with choice of law in Rome Convention and Rome I regulation. The thesis itself is composed of seven chapters. Chapter One is introductory. Chapter Two is devoted to description of choice of law generally and determination of this legal institut. Chapter Three deals with adjustment of choice of law in legal resources and attention is given to their mutual relations and application. Chapter Four, which deals with contractual obligations, explores the basic principle for choice of law - party autonomy, range of this principle, limitations on choice of law, the opportunity of parties to choose non-state legal system or CISG, aspects connected with choice of law, possibilities to make explicit, implicit or hypothetical choice of law, aspects related to agreement of choice of law (such as form, validity and interpretation) and the relationship between choice of law na choice of court. Chapter Five concentrates on choice of law in noncontractual...
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