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The Enforcement of Court Settelements
Šamlot, Jan ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
The Enforcement of Court Settlements Abstract The topic of this thesis is the enforcement of court settlements. Court settlement is an institute, which, although it is a traditional part of civil procedure, does not receive enough attention. The absence of any detailed analysis of the court settlement is even more surprising considering that currently chosen structure of the court settlement in the Czech Code of Civil Procedure (OSŘ) is very problematic and raises the great amount of the theoretical questions, from which some of them are capable of causing troubles in practice. At the same time, the problematic aspects increase also in terms of the enforcement of the court settlement. With regard to the above, this thesis primarily maps the historical development of the court settlement in the legal territory of today's Czech Republic in order to clarify the basic principles and better understanding of this institute at present. After the historical part, the thesis deals with the court settlement as an institute and his positive legal definition in order to point out the interpretation problems in certain aspects and also to mention their possible consequences. Furthermore, the thesis presents possible solutions to the selected problems and simultaneously, where appropriate, compares the legislation with...
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Regulation Brussels I and other procedural legislation of European private international law (with regards to recognition and enforcement of judgments in civil and commercial matters)
Žižlavská, Klára ; Brodec, Jan (advisor) ; Kučera, Zdeněk (referee)
Diploma thesis "Regulation Brussels I and other procedural legislation of European private international law" (with regards to recognition and enforcement of judgments in civil and commercial matters) is focused on the procedure of recognition and enforcement of foreign judgments in the European Union. The beginning of the thesis is dedicated to the European legislative development of the recognition and enforcement of foreign judgments. The key part of the thesis, analysis of recognition and enforcement according to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, so called Brussels I Regulation, is contained in the third chapter. This chapter describes the procedure required for recognition and enforcement of judgments given in one member state in another member state, lists related significant decisions of the Court of Justice of the European Union and provides critical evaluation of this procedure by specialists. The aim of Chapters four and five is introduction of regulations that came into force after the Brussels I Regulation. These are Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims and Regulation (EC) No...
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Brussels I Regulation and other procedural legislation of European private international law
Jindrová, Daniela ; Brodec, Jan (advisor) ; Kučera, Zdeněk (referee)
Regulation Brussels I and other procedural legislation of European private international law Diploma thesis is particularly focused on rules regulating jurisdiction according Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, so called Brussels I Regulation. The Brussels I Regulation represents a cornerstone of European judicial cooperation in civil and commercial matters. The main aim of my thesis is to provide comprehensive interpretation of jurisdictional rules in accordance with this regulation. The thesis is systematically divided into nine chapters. The purpose of Chapter One is to introduce a complex issue of European Private International Civil Procedure Law by way of defining the essential terms, subsuming it under the broader framework of private international law and also by describing historical development of this area. Next chapters are entirely concentrated on the Brussels I Regulation. Chapter Two addresses general aspects of this regulation. Those are development and subject matter of the regulation and interpretation of basic terms such as jurisdiction and domicile. Chapter Three deals with scope of application, the understanding of which is fundamental for a correct application. Five subsequent...
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The effectiveness of court jurisdiction agreements within the regime of the Brussels I. Regulation with respect to decision-making of the European Court of Justice
Vydrová, Jana ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
The purpose of this thesis is to analyze the extent of how have recent decisions of ECJ in cases Gasser, Turner and Owusu compromised the efficiency of jurisdiction agreements under Brussels I. Regulation. The main and most important aim of European Union, as a political and economic union, is facilitation of trade among Member States. Commercial transactions, especially in international framework are heavily regulated by contracts, wherein parties tend to regulate all potential issues in order to prevent applications of national laws. Therefore in international trade, the importance of party autonomy is even more significant than, in any other branch of contractual relations. One specific expression of party autonomy is incorporation of jurisdiction agreements into contracts, whereby parties determine which national court will have jurisdiction in the case of potential dispute. These so-called prorogation agreements are at the European level, regulated by Brussels I Regulation. However the ECJ has in several recent cases prioritized other principles, such as mutual trust and avoidance of irreconcilable judgements to the prejudice of party autonomy, which has together with very literal approach in construction lead to uncertainty in efficiency of application of jurisdiction agreements. This thesis...
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The Internet and private international law
Vágnerová, Alena ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
This thesis deals with issues raised by the emergence of the Internet and e-commerce for the private international law. Using the Internet to conduct business brings up new situations that must be reflected and dealt with by law. It is to be solved whether just accommodation of current rules will be enough or new regulation will have to be adopted. At first the thesis describes specific characteristics of the Internet, such as low costs of addressing users regardless of their geographic location or possibility of performing contracts in digitalized form and legal consequences of these characteristics. The following chapter deals with principles from which stems the difference in between jurisdictional rules in common law and civil law states. It examines jurisdictional rules stated in Brussels I Regulation in relation to e-commerce, especially consumer contracts. These firm rules are aimed to secure predictability of forum and in times of the Internet they have to overcome some difficulties through autonomous definitions of European Court of Justice. The next chapter describes the approach of US courts to Internet related disputes. Since they have wide discretion they are able to react much more flexibly to technological developments. Their decisions therefore may be an inspiration for the...
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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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International Internet Law and Jurisdiction in Internet Related Disputes
Nováková Krajcová, Barbora ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Poláček, Bohumil (referee)
© JUDr. Barbora Krajcová Mezinárodní internetové právo a příslušnost soudu v internetových sporech ABSTRACT The aim of this dissertation thesis is to provide an analysis of International Internet Law from an electronic commerce and, in particular, procedural law perspective. The author focuses on questions relating to jurisdiction which are, according to the author's opinion, specific and controversial to electronic commerce cases. Other questions of procedural law, such as, for example, recognition and enforcement of judgments, are not analyzed in this thesis, since the author does not see any specific issues with these questions in connection with electronic commerce. The Chapter No. 1 in the theoretical portion of this dissertation thesis refers to internet as medium operating electronic commerce. The Chapter No. 2 reflects key and basic terms, contains, inter alia, definition of electronic commerce. However, this thesis analyses questions of jurisdiction the Chapter No. 3 analyses also substantive law relating to electronic commerce and the basic terms used throughout this thesis. Due understanding of substantive law (from an EU law perspective; the e-commerce directive and from an international law perspective; the UNCITRAL Convention on Use of Electronic Communications in International Contracts) its...
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The Internet and private international law
Vágnerová, Alena ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
This thesis deals with issues raised by the emergence of the Internet and e-commerce for the private international law. Using the Internet to conduct business brings up new situations that must be reflected and dealt with by law. It is to be solved whether just accommodation of current rules will be enough or new regulation will have to be adopted. At first the thesis describes specific characteristics of the Internet, such as low costs of addressing users regardless of their geographic location or possibility of performing contracts in digitalized form and legal consequences of these characteristics. The following chapter deals with principles from which stems the difference in between jurisdictional rules in common law and civil law states. It examines jurisdictional rules stated in Brussels I Regulation in relation to e-commerce, especially consumer contracts. These firm rules are aimed to secure predictability of forum and in times of the Internet they have to overcome some difficulties through autonomous definitions of European Court of Justice. The next chapter describes the approach of US courts to Internet related disputes. Since they have wide discretion they are able to react much more flexibly to technological developments. Their decisions therefore may be an inspiration for the...
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Regulation Brussels I and other procedural legislation of European private international law (with regards to recognition and enforcement of judgments in civil and commercial matters)
Žižlavská, Klára ; Brodec, Jan (advisor) ; Kučera, Zdeněk (referee)
Diploma thesis "Regulation Brussels I and other procedural legislation of European private international law" (with regards to recognition and enforcement of judgments in civil and commercial matters) is focused on the procedure of recognition and enforcement of foreign judgments in the European Union. The beginning of the thesis is dedicated to the European legislative development of the recognition and enforcement of foreign judgments. The key part of the thesis, analysis of recognition and enforcement according to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, so called Brussels I Regulation, is contained in the third chapter. This chapter describes the procedure required for recognition and enforcement of judgments given in one member state in another member state, lists related significant decisions of the Court of Justice of the European Union and provides critical evaluation of this procedure by specialists. The aim of Chapters four and five is introduction of regulations that came into force after the Brussels I Regulation. These are Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims and Regulation (EC) No...
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Brussels I Regulation and other procedural legislation of European private international law
Jindrová, Daniela ; Brodec, Jan (advisor) ; Kučera, Zdeněk (referee)
Regulation Brussels I and other procedural legislation of European private international law Diploma thesis is particularly focused on rules regulating jurisdiction according Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, so called Brussels I Regulation. The Brussels I Regulation represents a cornerstone of European judicial cooperation in civil and commercial matters. The main aim of my thesis is to provide comprehensive interpretation of jurisdictional rules in accordance with this regulation. The thesis is systematically divided into nine chapters. The purpose of Chapter One is to introduce a complex issue of European Private International Civil Procedure Law by way of defining the essential terms, subsuming it under the broader framework of private international law and also by describing historical development of this area. Next chapters are entirely concentrated on the Brussels I Regulation. Chapter Two addresses general aspects of this regulation. Those are development and subject matter of the regulation and interpretation of basic terms such as jurisdiction and domicile. Chapter Three deals with scope of application, the understanding of which is fundamental for a correct application. Five subsequent...
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