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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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Public support and its influence upon the trade among EU Member States
Bulušek, Martin ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
This thesis focuses on state aid law as a specific part of EU competition law. State aid is therefore primarily set in the context of protection of competition in the EU internal market. Furthermore, the thesis provides an interpretation of Article 107, paragraph 1 of the Treaty on the Functioning of the European Union, which contains four attributes of state aid: state resources, favoring certain undertaking or the production of certain goods, distortion of competition and effect on trade between EU Member States. Analysis of the attribute "effect on trade between Member States" is made in a separate part of the work. In this section, the work seeks to explore how European Commission and the Court of Justice of the European Union approach and interpret this attribute. Attention is paid especially to decision-making activities of the European Commission in recent years. Decisions of the Commission, as a body authoritatively determining whether a measure constitutes state aid, as well as the compatibility of state aid with the internal market, could also indicate the direction in which the state aid law will develop in the future. The analysis of the Commission's decisions found that not even potentially affects trade between Member States a measure with purely local impact. Such measure will...
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International arbitration judiciary
Rajdová, Denisa ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
This thesis presents a concise definition of arbitration as a method of dispute resolution, in particular in international commercial trade. In its seven chapters it contains a brief introduction to the history of international arbitration, its definition as opposed to other forms of alternative dispute resolution or the judiciary, an outline of the progress of operations from before the start of the procedure up until the end of it, and also a consideration of the advantages and disadvantages of arbitration. The first chapter of this thesis deals with the general characteristics of alternative dispute resolution. Disputes shall be defined by their relationship to arbitration, and a brief characterization of the different types of ADR such as mediation, conciliation, mini-trial, etc. will be included. It also outlines the development of arbitration proceedings, in particular in our country. The second chapter includes an introduction to the subject of arbitration. It contains the definition of the concept of international justice, in the context of fundamental theoretical doctrines which define the legal nature of the Institute and the Czech Constitutional Court and the case-law of the Court of Justice of the European Union. Finally, this chapter addresses the categories into which arbitration is...
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International licensing contracts
Gardlíková, Monika ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The goal of this thesis is to analyze international license contract institute, the function and the position it occupies in the sphere of international business with incorporeal goods and legal regime which it, on the level of the Czech rule of law and European Union law, is subject to. The thesis consists of four parts. The first part focuses on the institute of contractual license in general. It outlines its conception and basic definitional framework. It reflects the function and the position which the institute of license contract occupies in the Czech rule of law as well as its shift within the framework of Czech private law recodification. It presents diverse typology of contractual license and in the process it thoroughly focuses on its modifications, respectively on marginal agreement models such as franchise agreement and know how agreement. The second part of the thesis continues with text dedicated to the institute of license contract with international element. It presents its general classification and it also analyzes sources of its modification. The third part of the thesis treats legal regime which the international license contract is subject to, and the focal point of the text lies in the union modification included in the Rome Convention and in Regulation Rome I. The problem is discussed...
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Internet business transactions with an international element
Uram, Tomáš ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
In the last two decades the world has experienced enormous growth of the internet users what has created business opportunities in a completely new and very specific space. The goal of this thesis is to analyze the most important legal aspects of internet business transactions with an international element. The internet commerce and subsequently the consumer protection programme has become a legal discipline which is subject of extensive development reflected in setting in legal standards found within the legal code of the Czech Republic. The thesis is divided into three main parts. It starts with a short introduction of internet environment and its characteristic, focusing on its specific aspects which respresent a challenge for the regulation such as decentralisation or geographical independence. The second part deals with the process of closing contracts on and consumer protection within the scope of european regulation such as directive on electronic commerce, directive on the protection of consumers in respect of distance contracts or directive on consumer rights. The third part is dedicated to the role of the international element within internet business transactions and methods of identification of the applicable law and respective jurisdiction. The role of the Court of Justice of the European Union...
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The Brussels I regulation and other procedural legislation of European private international law (with regard to consumer protection)
Mašková, Tereza ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
The diploma thesis entitled "The Brussels I Regulation and Other Procedural Legislation of European Private International Law (with regard to consumer protection)" as presented focuses in details primarily on the consumer protection under the relevant civil procedural law of the EU. The main objective is to analyse certain provisions of relevant law dealing with the effective protection of the weaker contracting party - consumer. The European Union's consumer protection legislation tends to strenghten the legal position of a consumer. The thesis underscores the importance of these special provisions, presents the original purposes, which have led to the adoption of them and the deduced conclusions supports by practical examples and by relevant European case law. It might be concluded that these provisions have created a special branch of the European civil procedure law. The text is divided into seven main chapters. The introduction includes the scope of the topic covered by the thesis. The first chapter is dedicated to the europeanization process of civil procedure and is primarily supposed to introduce the reader into the relevant issues of the thesis. The second chapter is intended to provide basic information about the conception of consumer protection law within the European context. It deals...
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