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Invalidity and Ineffectiveness of Legal Acts in the Insolvency Proceedings
Cibulková, Kristýna ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The thesis (as its name suggests) deals with the issue of invalidity and ineffectiveness of legal acts in the context of insolvency proceedings. First of all, the very concept of invalidity and ineffectiveness of legal acts is explained, followed by explanation of the causes of occurrence of these institutes, as well as their consequences and overall their place in the context of the Czech legal order. Following this excursion, the regulation of these two institutes both in the insolvency and civil legal codes is compared, as is compared their regulation both in the currently effective legal regulation and in the previous no longer effective one. The aim of this comparison is, first of all, to depict the evolution of the institute of invalidity and ineffectiveness in the Czech legal system and to find out how and why the regulation has changed. Such knowledge is important both theoretically and practically, since it defines which sources (including court decisions) created under the older regulation are still applicable under the new regulation. Secondly, the aim of this comparison is also to find out and define how the invalidity and ineffectiveness depend on each other, as well as how these two institutes regulated by insolvency and civil codes depend on each other (if they do at all). This again...
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Prorogation and Arbitration Clauses in International Trade
Cibulková, Kristýna ; Pfeiffer, Magdalena (advisor) ; Růžička, Květoslav (referee)
The thesis is aimed at the prorogation and arbitration clauses in international trade. Its aim is to analyse the legal regulation of the clauses and requirements for them using the help of legislation, case law and both Czech and foreign relevant literature. In addition to the introduction and the conclusion of the thesis, there are eleven chapters analysing the issue. The first chapter deals with dispute resolution in international trade, and introduces prorogation and arbitration clauses as instruments by which the parties can determine how and by whom will the dispute between them be decided. Chapters two to six deal with prorogation clauses. First of all, sources of legal regulation of prorogation clauses are analysed. Further, the thesis analyses the formal requirements for the clauses and also the possibility of incorporating the clause into a contract from another document. There are also discussed some other features of the prorogation clauses, namely the certainty of the chosen court, the separability of the clause, the exclusivity of the clause, and the effect of provisions protecting the weaker party under the Brussels I bis regulation The following chapters seven to ten deal with arbitration clauses. Again, sources of legal regulation of arbitration clauses and arbitration proceedings...
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The European Arrest Warrant and its implementation in the Czech Republic
Cibulková, Kristýna ; Novotná, Markéta (advisor) ; Druláková, Radka (referee)
The thesis deals with the European Arrest Warrant and its implementation in the Czech Republic. First of all, it offers comparison of differences between the European Arrest Warrant as the European Union solution and the extradition as the international public law solution. Then, it analyzes the implementation process of the European Arrest Warrant into Czech legal system, including the decision of the Constitutional Court of the Czech Republic on this case. Finally, the thesis analyzes data taken from questionnaires created by the European Union to find out how the practical application of the European Arrest Warrant is carried out in each member state.
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