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Reservation of public policy in private international law
Šedivková, Anna Marie ; Pfeiffer, Magdalena (advisor) ; Zavadilová, Marta (referee)
Reservation of public policy in private international law Abstract This thesis aims to explore the issue of public policy reservation (ordre public) in private international law. The thesis analyses various aspects of public policy reservation and its application in the context of private international law, with an emphasis on the Czech legal environment. The thesis consists of five chapters, in the first chapter the concept of public policy in private international law is theoretically defined and its possible classification is presented. A separate subchapter focuses on the concept of public policy in European law and the case law of the European Court of Human Rights. Furthermore, the thesis analyses the formal sources of law establishing the public policy reservation at the international, European and national level, as well as the conditions of application of the public policy reservation in Czech law. The principle of restrictive interpretation is analysed in more detail and the relativity doctrine is also analysed. Furthermore, the thesis deals with two modalities of the use of the public policy exception: as a ground for refusal to apply a rule of foreign applicable law and as a ground for refusal to recognise and enforce a foreign judgment in the Czech Republic. The last chapter examines the scope...

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