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Internet business transactions with an international element
Škrabka, Jan ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
91 Internet business transactions with an international element Abstract The internet is a relatively new phenomenon that emerged a few decades ago. Since that, the importance of the internet was growing, and it has become a tool that the majority of people use every day. Therefore, the legal regulation needed to react to this expansion, and some legal concepts emerged, whereas the other ones were developed to reflect social relationships and business transactions on the internet. Similarly, the concept of consumer protection needed to reflect the changes as well. This thesis examines internet business transactions with an international element, focusing mainly on the aspects of consumer protection in such transactions. The aim of this thesis is to provide the answers to the research question and following hypotheses. The research question set in this thesis stands as follows: "Does the legislation analyzed provide adequate consumer protection within the context of international business transactions over the internet." The thesis uses mainly the method of analysis, but also comparative method, method of synthesis or descriptive method. The thesis is divided into the following chapters: introduction, which provides the reader with a research question and methodology. The next chapter focuses on the...
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Current issues in international carriage of passengers by road
Malásková, Alena ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
6 Abstract Current issues in international carriage of passengers by road The topic of the thesis is current issues of international carriage of passengers by road. The aim of this thesis is to summarize the content of legal sources of international road passenger transport and to define the relationship between the concerned regulations, as well as to critically evaluate the overall legal framework and to present possible further development in this area. The thesis is divided into six chapters, which cover the whole issue of the regulation of international carriage of passengers by road. The first chapter enables the reader to understand the topic by defining the terms related to international carriage of passengers. The chapter also deals with the specifics of coach transport and its role in the Czech Republic and the EU. The second chapter summarizes the sources of law on the international carriage of passenger law at international, European and national level. It deals in more detail with the regulation of road transport and the contract for carriage in the Czech legal order. Third chapter deals with the conflict rules in the regulation of international carriage of passengers at both European and national level. Fourth and fifth chapter discuss in more detail the Regulation (EU) No 181/2011 concerning...
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Private international law and the issues of company law
Špelina, David ; Brodec, Jan (advisor) ; Růžička, Květoslav (referee)
The aim of this thesis was to analyze companies with regard to private international law and European private international law in relation to the cross-border relocation of the registered office of companies; mainly, from the point of view of the Czech and European legal regulations. The submitted thesis consists of five consecutive chapters. The first chapter concerns itself with the general definition of private international law as a legal branch, as well as with its development and anchoring in the Czech Republic's legal system. Furthermore, it explains European private international law, its body of rules and their projection in the Czech legal system with regard to the primacy principle of European laws over the Czech Republic's body of rules. The next chapter consists of a general introduction into the issue of defining the term company in which case it is submitted to legal analysis within the Czech Republic's legal system, primarily in connection with the valid legislation. The term company is also explained from the point of view of the European legislation, which is based on the primary legislation and the secondary legislation that defines the forms of supranational companies. In connection with this we also include one of the forms of a supranational company, namely Societas Europaea,...
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Private international law and the issues of company law
Hadinec, Martin ; Brodec, Jan (advisor) ; Pauknerová, Monika (referee)
Private international law and the issues of company law Abstract The aim of the thesis is a comprehensive and concise explanation of the issue of the inclusion of article 62 and article 62 of the Business Corporations Act and article 98 and the following provisions of the Insolvency Act under the framework of corporation law or insolvency law. The reason for choosing the topic of this thesis is mainly its topicality, necessity and only minimal processing from the doctrinal point of view. The first part of the thesis is focused on summary of theoretical background for other parts. Firstly, it describes international private law as an area in which the thesis will be described, including the inclusion of a historical excursion into Roman law. The following chapter contains an explanation of the concept of personal status and the principles that govern it, i.e. the principle of incorporation, the principle of settlement and the principle of control. In the following chapter, the thesis focuses on the description of the individual provisions that will be subject to assessment in the practical part of this thesis, especially regarding the conditions of their application. The last chapter of the theoretical part describes the concept of insolvency proceedings, insolvency proceedings with an international element...
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Personal Status of Companies in Private International Law
Saláková, Terezie ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Personal Status of Companies in Private International Law Abstract The main topic of my thesis is personal status of companies in private international law. The thesis is composed of Introduction and Conclusion, and three parts. Each part includes a different attitude to the topic, uses a different method, and has a different aim. The first part, subdivided into three chapters, introduces comments found in expert sources which deal with the term personal status of companies as the legal order determining questions connected with the company. The next passage concentrates upon two basic principles of determining the personal status - the incorporation principle and the seat principle, where for each of these two principles applied connecting factors and the characteristics of the particular principle are described. The last chapter of Part 1 presents current legislative regulation of personal status of companies in the Czech law, and prepared steps made on the EU level. The purpose of this chapter is primarily to establish theoretical basis for both following parts. In the second part I have tried to determine the range of the personal status of a company as far as acting for the company is concerned, in relation to the Czech legal regulation - both conflict and material legislation. In this context, at...
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Regulation of Alternative International Commercial Disputes Resolution in the Russian Federation
Přib, Jan ; Růžička, Květoslav (advisor) ; Rozehnal, Aleš (referee) ; Brodec, Jan (referee)
178 REGULATION OF ALTERNATIVE INTERNATIONAL COMMERCIAL DISPUTES RESOLUTION IN THE RUSSIAN FEDERATION ABSTRACT The object of this dissertation is an analysis of legal regulation of alternative international commercial disputes resolution in the Russian Federation, both from theoretical and practical perspectives. The work deals in detail with alternative international commercial disputes resolution regulated in the Russian legislation, i.e. with arbitration and mediation of international commercial disputes, analyzes their position within the Russian legal framework, interconnection with the judicial proceedings, legislation national dispute regulation, role of state organs within the proceedings including acknowledgement and enforcement of arbitration awards and mediation agreement.. Both of these ways are further analyzed in separate chapters that together form the core of this dissertation. The respective main chapters (devoted to arbitration and mediation of international commercial disputes) are further devided into subchapters, in which are analyzed the individual procedural institutes of arbitration and mediation of international commercial disputes. Special attention is devoted to the grounds and the process of setting aside of a foreign arbitral award as well as with the grounds and the process of...
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Protection of a Weaker Contract Party and Private International Law
Skalská, Helena ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Brodec, Jan (referee)
Protection of a Weaker Contract Party and Private International Law The topic of this dissertation thesis is the protection of weaker parties in the context of determination and application of the applicable law. The dissertation seeks anchor and concept of protection of weaker parties in the Rome I Regulation. The thesis is divided into three main parts. The first part deals with the basis for protection of weaker parties, linking the theoretical and value foundations on which the protection stands with practical implications that ignorance of significantly unequal position might have. For a comprehensive understanding, it is necessary to look at the background of individual legal rules. However, dealing with these issues cannot be viewed solely in the context of private international law. Certain legal institutions of private international law may not be designated solely for the protection of certain categories of weaker parties but may be used to protect a weaker party with regard to the concept of a weaker party and the importance of its protection in substantive law (especially civil law). The second part, which is the focal point of this thesis, consists in the analysis of ways of protecting the weaker parties, both at a more general methodological level and in the form of a more detailed...
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Topical issues of the regulation of international air carriage
Zima, Jiří ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
76 Abstract Topical issues of the regulation of international air carriage The object of this presented thesis is to inform readers about the phenomenon of the international air carriage. This rapidly growing transport industry is bringing attention mainly because of its thorough practical usability. The first part of the thesis is dedicated to the specification of the basic concepts, these will be found in the rest of the thesis all through. To comprehend the actual topical issues it is essential for the reader to familiarize with the historical development of the air carriage. Especially in the 20th century the air carriage went through a swift progress that lead to a recent modern aerial transportation for long distances as we know these days. The second part draws attention into the basic legal sources of the air carriage concentrating not only on the international and European level but also on the Czech laws. Transport customs are not omitted, neither is practice of the courts that has a growing importance. Author of this paper engages in particular rights of the passengers in the air transportation and subsequent liability of the carrier in the third part of the thesis. Recently travelling through the air has become a very commonly used method of transport. From this reason it is necessary to point...
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Internet business transactions with an international element
Čišecká, Nikol ; Brodec, Jan (advisor) ; Růžička, Květoslav (referee)
This thesis examines online trade and the latest European Union directive that forbids geo- blocking, which could be a breakthrough for the sector. The work dissects the benefits of the regulation not only from the point of view of the consumer, but from that of an e- commerce company as well. It also includes a discussion of the planned international trade accord between the United States and the EU. The work is segmented into four parts. The first section defines general terms such as international privacy laws, e- commerce, and the internet. It lays out the history of the internet and its beginnings in the Czech Republic, its regulation, and the movement fighting for a so-called free internet. It also examines consumer protections on the internet and the setting of a legal authority to adjudicate conflicts created in internet trade. The second part is dedicated to e-commerce, which is often understood as a synonym for internet-based trade. It's the differences in these two terms that will be discussed in this part of the work. The definition of e-commerce is discussed as are its individual types, international organizations, and associations overseeing electronic commerce. The third part of the work examines the Transatlantic Commerce and Investment Partnership between the United States and the...
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Application of the UNCITRAL Arbitration Rules in practice.
Hejný, Tomáš ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
- Application of the UNCITRALArbitration Rules in practice This master thesis deals with the new trends in arbitration and their applicability by the UNCITRAL Arbitration Rules as the most important ad hoc arbitration rules worldwide. The purpose of the master thesis is to clarify how UNCITRAL Arbitration Rules are applied in practice related to the new trends and compared to "rival" institutionalized arbitration rules. The aim of the master thesis is to determine which of these trends can be incorporated in the form of new provisions into the UNCITRAL Arbitration Rules and to what extent such an amendment would be beneficial to the "user" of these rules. It is worth noting that the aim of the thesis is not to provide an exhaustive enumeration of all current trends in the arbitration. The thesis is divided into three parts; each part is made up of several chapters. The first part analyzes the basic elements of the arbitration, the differences between institutionalized and ad hoc arbitration as well as the basic elements of the UNCITRAL Arbitration Rules. The second part deals with the new trends in arbitration: expedited procedure, summary procedure (summary dismissal) and consolidation of arbitrations. In the introduction, there is a list of all above-mentioned trends in the arbitration. In later...
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