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International civil procedure in the European Union - selected issues
Strnad, Jan ; Pfeiffer, Magdalena (referee) ; Brodec, Jan (referee)
The purpose of the thesis is to offer a comprehensive commentary of the choice-of-court agreements under the Brussels I bis regulations and the 2005 Convention on Choice of Court Agreements ("Convention") and to refer to the main problems which may arise during the application of these instruments to the disputes arising from relationships in which the choice- of-court agreement was concluded. The paper is composed of five main chapters. The first four chapters deal with the framework of the Brussels I bis, the fifth chapter illustrates the rules of the Convention. Chapter one is dedicated to the fundamental characteristics of the Brussels I bis. It compares the rules contained therein with the previous legislation, analyses its principles and purposes, the interpretation of the terms contained therein and the relation to the other instruments. Chapter two deals with the detailed analysis of the choice-of-court agreements under the Brussels I bis, particularly with the scope of effect of art. 25, the effect of jurisdictional agreements, their characteristics, formalities necessary for their creations, their extent, forms, formal and material validity, cases where the Brussels I bis restricts the effect of the choice-of-court agreements and the consequences of such violation. Chapter three explains...
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Companies in private international law. With the particular focus on the relocation of a registered seat of a company in the transformation act
Rexová, Mária ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The first chapter of my thesis defines the key terms necessary for understanding the concept of mobility of companies in the private international law. The fundamental difference between lex societatis and the nationality of company are terms which are not identical, despite their frequent confusion. It is the lex societatis which is defining for the inner organisation of the company. According to the reasoning of the Court of European Union, in the cross border transfer of the statutory seat should inevitably lead to change of lex societatis. However, in order to decide on which legal order is applicable for defining the lex societatis of a company, we have to look into the international private rules of a particular country. There are two major theories from which stem the legal orders of all member countries, the real seat theory and incorporation theory. This chapter explores their pros and cons, as well as practical consequences of their application on the possibility of cross-border transfer of a seat of a company. The second chapter of my thesis outlines relevant European Union law which lies behind the concept of cross border mobility of companies. The Treaty provisions on freedom of establishment are reviewed in the light of the Court case law. The most relevant decisions of the Court are...
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Lex Mercatoria in international business transactions
Kadiev, Akbulat ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
This Master's Thesis deals with the application of the concept of lex mercatoria in process of contracting process and in the dispute resolution, particularly in international commercial arbitration. The first chapter briefly describes the historical development of lex mercatoria and examines in detail the circumstances of the establishment of modern lex mercatoria . Further, the Thesis describes the general methods of regulation of the private relations with an international element. In connection with the use of lex mercatoria in the process of contracting the specific attention is given to the choice of applicable law by reference to certain rules of lex mercatoria. The criticism of such choice-of-law method is analysed, as well as its justification and also the requirements for the validity of such choice-of-law method. The second half of the Thesis is dedicated to a particular formalized rules of lex mercatoria, as well as to their legal grounds in Czech law, and also to some legislative changes in the Czech Republic after January 1, 2014, relevant to the lex mercatoria. The final chapter addresses the practical application of lex mercatoria in the international commercial arbitration. The chapter begins with a brief and general introduction to the international commercial arbitration....
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Brussel I Regulation and other procedural laws of European private international law
Johnová, Gabriela ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
Topic of this diploma thesis is "Brussels I Regulation and other procedural laws of European private international law". The thesis focuses on the analysis of the problems that its name suggests. The procedural rules of private international law underwent during the past fifteen years relatively significant changes. Due to the application of the principles of free movement of persons, capital, goods and services, it results necessary to develop effective instruments for performing the law accross the member states borders. It occurs in procedural area primarily through the adoption of instruments of the European secondary legislation, particularly through regulation. The most important and most widely used procedural rules of European private international law was until recently Regulation (EC) no. 44/2001 of the 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which was since the 10th of January 2015 replaced by the regulation of the European Parliament and Council Regulation (EU) no. 1215/2012 of the 12th December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The subject of this paper is to examine the procedural rules of European private international law with a particular...
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Mediation and other forms of ADR
Tošnerová, Ráchel ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This thesis deals with the topic of international mediation. It starts with its theoretical concept and analyzes the individual elements of the definition of mediation, which it divides into essential and additional. It then covers the history of the mediation procedure in the ancient times and the modern approach. It also attempts to solve the confusing terminology of mediation and conciliation. In chapter two it moves on to the description of other hybrid forms such as MEDALOA, med-arb or arb-med. The third chapter describes the individual forms of mediation with focus on court mediation in particular. First, its implementation possibilities are explored, which are followed by practical examples of judicial mediation in different countries. Chapter four is devoted to the regulatory framework starting with international documents. It compares mediation rules of several mediation institutions across the world. Then it investigates the pros and cons of the European mediation directive 2008/52/ES and two codices of behavior for mediators. Finally, the last part of chapter four is concerned with Czech mediation law. It provides an outline of the Law No. 202/2012 Coll. and the newest soft law document - Codex of attorney-mediator. Information from this chapter is transferred to a comparison table for more...
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Brusel I Regulation and other procedural laws of European private international law (with focus on the concept of recognition)
Přecechtělová, Tereza ; Brodec, Jan (advisor) ; Kučera, Zdeněk (referee)
Univerzita Karlova v Praze Právnická fakulta Tereza Přecechtělová NAŘÍZENÍ BRUSEL I A JINÉ PROCESNÍ PŘEDPISY EVROPSKÉHO MEZINÁRODNÍHO PRÁVA SOUKROMÉHO (se zaměřením na pojem uznání) Diplomová práce Vedoucí diplomové práce: JUDr. Bc. Jan Brodec, LL.M., Ph.D. Katedra obchodního práva Datum vypracování práce: 10. června 2014 Abstract The Diploma thesis "Regulation Brussels I and other procedural legislation of European private international law (with regards to the concept of recognition)" focuses on the analysis of the so-called "fifth freedom" - the free circulation of judgments within the EU. The aim of the thesis is to analyze the procedural legislation of European private international law concerning their approach to the concept of recognition using the descriptive-analytical method. The thesis is mainly focused on the newly adopted Regulation of European Parliament and of the Council (EU) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (herein also referred to as the Brussels I bis Regulation) and to the Council Regulation (EC) No 1346/2000 of 29 May 2000 on Insolvency Proceedings (herein also referred to as the Regulation on Insolvency Proceedings). In detail, for both deals with analysis of application of the principle...
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Legal limits of the cross-border movement of military materials
Matocha, Jakub ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Legal limits of the cross-border movement of military materials The global trade with military materials is an important, however often under- researched, area of academic enquiry. Such attitude is not correct, because in fact it is a massive global industry in which also Czech companies play a significant role. Given the newspaper headlines and statements of arms dealer, it is obvious there have long been unsolved problems burdening arms dealers caused especially by an inappropriate legal framework. This theses aims to provide an analysis of legal framework in respect to cross-border movement of military materials covering especially European and Czech legislation focusing on its potential limits arising and important for arms dealers. On a global international level the Arms Trade Treaty and other relevant treaties regulating international trade with military materials are identified and described. Attention is also paid to limitations of arms trade such as embargoes or restrictive measures imposed by the UN and the EU respectively as well as to limitations resulting from domestic and European legislation or from its different interpretation. In view of different legal framework this thesis strictly distinguishes whether a movement is realized, while particular law is adequately reflected. There...
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International civil procedure in the European Union - selected issues
Strnad, Jan ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The purpose of the thesis is to offer a comprehensive commentary of the choice-of-court agreements under the Brussels I bis regulations and the 2005 Convention on Choice of Court Agreements ("Convention") and to refer to the main problems which may arise during the application of these instruments to the disputes arising from relationships in which the choice- of-court agreement was concluded. The paper is composed of five main chapters. The first four chapters deal with the framework of the Brussels I bis, the fifth chapter illustrates the rules of the Convention. Chapter one is dedicated to the fundamental characteristics of the Brussels I bis. It compares the rules contained therein with the previous legislation, analyses its principles and purposes, the interpretation of the terms contained therein and the relation to the other instruments. Chapter two deals with the detailed analysis of the choice-of-court agreements under the Brussels I bis, particularly with the scope of effect of art. 25, the effect of jurisdictional agreements, their characteristics, formalities necessary for their creations, their extent, forms, formal and material validity, cases where the Brussels I bis restricts the effect of the choice-of-court agreements and the consequences of such violation. Chapter three explains...
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Law applicable to contractual obligations in the absence of choice
Mendrok, Eva ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
IN ENGLISH The aim of this thesis is to determine and evaluate conflict of law rules for designating the applicable law in contractual obligations in the absence of parties' choice. Such rules can be found in international, European or national legal sources, hence the scope of any particular regulation has to be considered in detail. The core of this thesis shall be the European private international law, especially the Article 4 of the Regulation on the law applicable to contractual obligations (Rome I), effective from 17 December 2009, which shall apply to contractual obligations in civil and commercial matters in situations involving a conflict of laws, if the applicable has not been chosen by the parties. New Article 4 of the Regulation tends to enhance certainty and to overcome interpretative difficulties in Rome Convention. Required certainty shall be expressed by introduction of hard-and-fast rules included in Article 4 (1) Regulation supplemented by the characteristic performance rule in paragraph 2. On the other hand, flexibility shall be ascertained through escape clause and closest connection rule, which aims to disregard applicable law designated by paragraphs 1 and 2 in situations when the contract is manifestly more closely connected with another country. Although the wording and...
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Latest trends in cross-border transformations and relocations of companies
Čechová, Linda ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
The aim of this thesis is to present the latest trends in the field of the cross-border transformations and companies' relocation focusing especially on the transactions of the Czech and European companies. The Prologue of this thesis briefly outlines its structure and objectives. In the first chapter the thesis focuses on teoretical and general description of certain concepts of a seat of a corporation and its personal statute. The following chapters further examine the relevant European legislation including the functional treaties, relevant directives and case law of the Court of Justice of the European Union. The thesis further concentrates on the regulation of the particular forms of so called European companies - first of all on the European Company (SE) - and their possibilities in relation to the cross-border transformations and relocation. The attention is given also to a brand new concept of the European business register (EBR) and future expectation arissing from it. As regards the Czech national legislation the thesis provides an outline of the prior regulation abandoned by the recently adopted acts (so called recodification of the Czech private law) whereas the thesis compares both. Certain queries and weaknesses of the new legislation are also mentioned. The thesis further...
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