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Liability of the carrier in the international carriage of goods by road
Krofta, Radim ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
110 13 English summary & keywords LIABILITY OF THE CARRIER IN THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD: The following rigorous thesis has been devoted to the most important parts of the unilateral legal regulation on the international carriage of goods by road. It tries to interpret the liability from the sight of the carrier, while using up-to-date Czech and foreign literature, European courts judiciary and legitimate legal statements from the recent period. The international carriage of goods represents a major and irreplaceable role within the global market. Even though, the maritime carriage handles over a half of the total amount of goods carried around Earth, the road transport has its own indispensable advantages. Firstly, it offers so called 'house-to-house' delivery that could only hardly be done by any other type of transportation currently available. Secondly, the road carriage has proven itself to be relatively fast, safe, universal and convenient - especially in the terms of goods handling and consignor's manageability over the shipment while it undertakes the journey. This all has supported the very fast growing industry of the international carriage by road where demand still exceeds supply in favour of the carriers. Having read the first article, being an international road carrier may...
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Topical issues of the regulation of international air transport
Škodová, Pavla ; Brodec, Jan (referee) ; Pauknerová, Monika (advisor)
I Recent Issues of Regulation of International Carriage by Air Summary The purpose of my thesis is the analysis of regulation of international carriage by air where currently co-exist two regimes based on different international conventions. The Warsaw Convention was the first instrument that unified body of rules governing the international carriage by air, especially the most important areas: the arrangement of documents of carriage and the carrier's liability. Its most significant feature is the limited liability for sustained damages in case of death, wounding or any other bodily injury of passengers, in addition based on fault. It has been considered as deeply protective to air carriers. The only character in favor of passengers is the shifted burden of proof so that the airlines are presumed liable unless they can meet the necessary measures standards. Huge discontent with this regulation led to entering into arrangements that modified the Warsaw Convention. Non-uniformity of this regime has been the cause of adoption of new Montreal Convention which incorporates most of relevant norms contained in arrangements which modified the Warsaw Convention. Thus the Montreal convention contains some provisions of the Guatemala Protocol, the Guadalajara Convention and Montreal Protocols III and IV. The new...
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COMI (Centre of main interest) as a connecting factor for cross-border insolvency
Germániová, Alexandra ; Pauknerová, Monika (referee) ; Brodec, Jan (advisor)
COMI as the Connecting Factor for the Purposes of Cross-Border Insolvency Summary The purpose of this thesis is to analyze the concept of the centre of a debtor's main interests, COMI, which has become a part of the laws of the Czech Republic through Council Regulation No. 1346/2000, on the insolvency proceedings. Act No. 182/2006 Coll., Czech Insolvency Act, as amended, which refers to the regulation as directly applicable law of the European Communities, expressly mentions COMI in its chapter two, of the part three, on the relation to the countries of the European Union. Although COMI is currently a predominant connecting factor in the area of cross-border insolvency, there are still unclarities concerning COMI. The aim of this thesis is on the one hand to point out these unclarities, on the other hand to make COMI a clearer concept. The thesis is composed of eight chapters with two levels of sub-chapters. Chapter One introduces the thesis and the aim it seeks to achieve, Chapter Eight concludes. Chapter Two examines under which circumstances a cross-border insolvency proceeding is about to arise, it briefly mentions the principles of universality and territoriality and the modified principles derived from them and identifies when the need for a connecting factor arises in cross-border insolvency. Chapter...
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Companies in private international law
Štaňko, Andrej ; Brodec, Jan (referee) ; Pauknerová, Monika (advisor)
Companies in International Private Law Private companies are acting in the international context much more intensively than in any time before. There are many ways how to act on the international market. One of the solutions is to establish a branch or a representation office instead of establishing a brand new company. The right to act in the international context using branch companies is known as the freedom of establishment. There were numerous discussions and cases concerning the topic of the freedom of establishment. The main dispute arose on the ground of the different approach between two main theories - the seat theory and incorporation theory. The diploma thesis in your hand covers main issues concerning the freedom of establishment and it also discusses the case law provided by the European Court of Justice. The author uses the comparative view of the seat and incorporation theories. With a greater detail to the Czech law, the issue of the foreign companies' recognition is discussed. The Czech law recognizes foreign companies even in the form in which it is no longer possible to establish new company in the Czech Republic. In this regard basic elements of the bare trust estblished under the law of Guernsey are discussed. The case law of the European Court of Justice opened Europe's...
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The relationship between direct regulation of an international sales contract and that under the conflict-of-law rules
Holý, Václav ; Brodec, Jan (referee) ; Kučera, Zdeněk (advisor)
The relationship between direct regulation of an international sales contract and that under the conflict of laws rules (Master's degree thesis) Abstract The purpose of my thesis is to analyse the relation between the regulation based on the CISG and the regulations based on the conflict of laws rules. The reason for my research is the important role that the unified CISG regulation plays in the international commerce and the complicated legal issues connected with its sphere of application in particular at the moment, when the nature of conflict of laws rules changes throughout Europe. My thesis is based mainly on foreign sources, German, English and Spanish in particular. It includes a representative sample of relevant court decisions and arbitral awards as well. Czech sources are used especially when dealing with theoretical and general question. Occasionally some Czech court decisions are included. The thesis is composed of three chapters, proceeding from the general issues to the specific ones. Chapter One deals with the most general questions of relation between CISG and conflict of laws rules. The chapter is subdivided into four parts. Part One describes the relation between CISG and conflict of laws rules in respect of their legal power and explains that CISG has to be applied before the conflict of...
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Acquisition of real property by non-residents in the Czech Republic
Blažek, Jakub ; Dobiáš, Petr (referee) ; Brodec, Jan (advisor)
Name of the thesis in English: The real property acquisitions by the non- residents in the Czech Republic. This thesis tries to resume the development of the legal regulation of real property acquisitions by non-residents in Czech Republic because this topic became very important by the 1st of May 2009, when the first transition period of exemption from the free movement of capital within EU has ended in Czech Republic. At the beginning of the thesis I am trying to set up the topic from the view of the theory of International Private Law. In this part the thesis explains aspects of imperative law regulations which have to be applied every time, no matter which law rules the contract. Then the thesis explains the difference between obligation statute of the contract and effects of the contract on property rights, especially on the ownership transfer with respect to the regulations included in the Act on international private law. In next chapter the thesis summarizes the development of the legal regulation of real property acquisitions by non-residents before the Czech Republic enters in EU. This part simply describes and explains single Acts and other regulations which were in force in the past. In the following chapter the thesis summarizes the present legal regulation included in the Act 219/1995 Coll.,...
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The Internet and private international law
Machová, Daniela ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
64 RESUMÉ THE INTERNET AND PRIVATE INTERNATIONAL LAW This thesis focuses on the connection of the Internet and Private International Law. Its aim is to make it easier to find a way in both old and new legal regulations concerned with this area of law and consider the possibilities of current legislation, and its use for the Internet relations. For better orientation and understanding the topic, I am starting with the outline of the Internet as a unique communication device, which thanks to its special features such as borders ignoring, and instant actions and reactions, enables to engage in relationships - not only business ones - all around the world. These interactions are seen as relationships of private law with a cross-border element. After the introduction of the most important terms, the basics of Private International Law follow along with an extract from its sources, which influence the Internet territory. I would like to point out the significance of international and European level of regulation. The EU-law especially ensures through the harmonization of basic structures of the IT-law that the object statutes of the Member States are almost identical. This increases the legal certainty significantly and therefore helps the evolution of new e- relationships and the whole discipline. The Community...
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Contractual and non-contractual obligations in private international law
Čejková, Martina ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
67 8 Summary 8.1 Contractual and Non-contractual Obligations in Private International Law This thesis deals with the European international private law and discusses the current law-crash modification of contractual and non-contractual obligations. Characteristic of the European community is the absence of unification of the substantive law, which is compensated, by the unification of conflict standards. The unification of conflict standards, as an instrument of the international private law, can be understood as a certain sign of unification of direct standards. Conflict standards do not govern directly the rights and obligations of the parties to a contract in international private law but they answer the question by which legal order the given relationship should be abided and therefore they provide certain degree of foresee ability and safety. The first (general) part called "European international private law - from conventions to regulations" is dedicated to development of the unification of conflict standards within the European community. At present, the unification of the conflict issue is represented by two new-adopted Roman regulations concurring to the Roman convention on the law applicable to contractual obligations. Analysis of the first Roman regulation on the law applicable to contractual...
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Electronic trade and private international law with special regard to entering into contracts
Peterková, Kateřina ; Brodec, Jan (referee) ; Pauknerová, Monika (advisor)
1 Electronic Commerce and Private International Law (with Special Focus on Contract Formation Process) Summary in English language Technologies through which we are able to conclude a contract and carry out business are evolving by unbelievable speed. Legislators all over the world are unable to keep up with such a development usually because the legislative process is a long-term one, they come across absolutely new problems and they have to find new ways to deal with them. The current effective norms governing electronic commerce are often insufficient. They deal only with parts of the problems arising in connection to electronic commerce. Most of them were enacted in times when internet was the only mean of contracting and therefore they are not applicable to new technologies like mobile phones or PDA ect. One of the biggest legal problems arising in connection with new technologies is caused by their borderless. The users are contracting through borders easily because they are not obvious in traditional way. There appears a new question where are the borders in the cyberspace? And are there any? And hand in hand with this issue goes the problem of determining the governing law for these contracts and court that has jurisdiction to hear a case when a dispute arise. Shortly said the new borderless media...
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