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Electronic trading with an international element: the jurisdiction of the state and the conception of business activities on the Internet
Vondřich, Lukáš ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
INTERNET BUSINESS TRANSACTIONS WITH AN INTERNATIONAL ELEMENT The recent developments in technology have raised new forms of electronic communication and business strategies on the Internet, in particular the direct e-commerce operated through dynamically generated websites. As a consequence, the suitability of traditional legal norms has been challenged, including the rules governing jurisdiction. The law therefore tries to respond by adoption of new legal concepts and principles or adaptation of the old ones. One of them is the concept of directing business activities, which was incorporated into EU law in relation to the special jurisdictional rules protecting the consumers of the member states under the Brussels Regulation. Accordingly, the aim of the thesis is to characterize the nature of the concept of directing business activities under the article 15 of the Brussels Regulation, as well as to identify the relevant criteria as to its fulfilment, all in the context of the disputes arising from the consumer contracts concluded as a result of the business activities directed towards the consumers of a member state on the Internet. The first section of the thesis deals with the traditional basis of the state's sovereignty and jurisdictional rules, whereas the second section identifies the specific nature...
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International law aspects of tort liability on the internet
Vondřich, Lukáš ; Pauknerová, Monika (advisor) ; Poláček, Bohumil (referee) ; Kunz, Oto (referee)
The technological development of recent years has brought not only new forms of electronic communication and social phenomena, but also a number of legal questions. As the internet creates a parallel cyberspace, a number of traditional legal rules have been called into question, including the rules for determination of court jurisdiction and governing law. This area is discussed in this dissertation thesis. The goal of this thesis is to identify problematic moments of interpretation and application of existing rules of private international law in the context of cross- border delicts on the internet and to find suitable solutions if they exist. Regarding methodology, this thesis uses the analytical approach, in particular in relation to case law and legal regulations. It is complemented by the comparative method, regarding evolution in time and regarding various legal cultures. The first chapter deals with the phenomena of digital information, the internet and the related philosophical or social areas, such as virtuality or cyberspace. The second chapter deals with legal regulation of the internet, censorship and the special position of certain providers of information services. In the third chapter there are defined the concepts of delict and delictual liability, with emphasis of this institute in...
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Electronic trading with an international element: the jurisdiction of the state and the conception of business activities on the Internet
Vondřich, Lukáš ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
INTERNET BUSINESS TRANSACTIONS WITH AN INTERNATIONAL ELEMENT The recent developments in technology have raised new forms of electronic communication and business strategies on the Internet, in particular the direct e-commerce operated through dynamically generated websites. As a consequence, the suitability of traditional legal norms has been challenged, including the rules governing jurisdiction. The law therefore tries to respond by adoption of new legal concepts and principles or adaptation of the old ones. One of them is the concept of directing business activities, which was incorporated into EU law in relation to the special jurisdictional rules protecting the consumers of the member states under the Brussels Regulation. Accordingly, the aim of the thesis is to characterize the nature of the concept of directing business activities under the article 15 of the Brussels Regulation, as well as to identify the relevant criteria as to its fulfilment, all in the context of the disputes arising from the consumer contracts concluded as a result of the business activities directed towards the consumers of a member state on the Internet. The first section of the thesis deals with the traditional basis of the state's sovereignty and jurisdictional rules, whereas the second section identifies the specific nature...
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