Výklad a používání cizího práva v České republice

Kundrátová, Jana

The subject of the thesis "Interpretation and application of foreign law in the Czech Republic" has been chosen by the thesis' author for its topicality, considering that the research of this topic is one of the classical topics in private international law and it has a long tradition in the Czech Republic. The diploma thesis concerns itself with the selected questions of the treatment of foreign before Czech and French courts where a considerable part of the thesis is dedicated to the practice of the courts; special attention is than paid to the ways to determination of the content of the foreign law. The starting point is the role of the conflict rules that defines the applicable law and the answer to the question relied with the situation where a conflict rule refers to a foreign law. Whether the judge or the arbitrator is obliged to apply this law and whether he is to ascertain the contents of the laws. Furthermore, in this first chapter the author confronts the approach of the Czech law with the French one, not only from practical perspective. She also addresses some specific questions, in particular the question whether the treatment of foreign law is a matter of procedure or conflicts and the consequence of this. In the second chapter the author inquires into the application of conflict rules in...

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