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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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International commercial arbitration
Kyselová, Tereza ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The purpose of my thesis is to analyse one of the most used type of extrajudicial procedures, the International commercial arbitration. The reason for my research is the progress and elevation of use of the arbitration and not only on international field. The thesis is composed of six chapters, each of them dealing with different aspects of Arbitration. Chapter One is introductory and defines basic terminology used in the thesis. The chapter is subdivided into two parts. Part One describes international arbitration and domestic arbitration and explains differences between them. Part Two deals with the question of arbitrability in Czech Republic and in different countries. Chapter Two is subdivided into five parts and provides an outline of permanent court of arbitration. Part One illustrates the approach to Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic. Part Two looks at Court attached to International Chamber of Commerce in Paris. Part Three describes International court attached to Vienna International Arbitration Centre. Part Four looks at Slovak arbitration court in Bratislava and the last part deals with the oldest arbitration court, The London Court of International Arbitration. Chapter Three examines relevant Czech and...
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Topical issues of European insolvency law : (the issues of COMI and insolvency of groups)
Vančíková, Miroslava ; Brodec, Jan (advisor) ; Růžička, Květoslav (referee)
Topical issues of European insolvency law The thesis deals with COMI issue according to European Insolvency Regulation (1346/2000 EC) in connection with insolvency of group of companies. It analyses the interpretation of COMI concept under current wording of Regulation and fundamental decisions of the Court of Justice of the European Union. It advocates the motion to determine the COMI of companies based on irrebuttable presumption of COMI in the place of registered seat. Further, the thesis concerns with current proposals for amendments to Regulation relating to COMI definition and insolvency of company groups and evaluates their benefits and drawbacks.
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Resolving investment disputes from the perspective of case-law of international arbitration courts
Heřmánková, Gabriela ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
1 Resolving investment disputes from the perspective of case- law of international arbitration courts The purpose of my thesis is to analyse actual questions of international investment dispute resolution. In this research I would like to stress the differences between the institutional investment arbitration and the ad hoc investment arbitration while focusing on the ICSID Arbitration according to The Convention on the Settlement of Investment Disputes between States and Nationals of Other States followed by the Rules of Procedure for Arbitration proceedings and on the ad hoc arbitration according to the 1976 - UNCITRAL Arbitration Rules, as these two proceedings represent the most common modes of international investment dispute resolution. All my findings are going to be supported by relevant case-law of individual arbitration courts or by specialized publications. The thesis consists of three chapters. Chapter One is introductory. It contains a simple analysis of what an international investment dispute means. This introduction is followed by a brief description of the history of international investment dispute resolution and of the modes of an international investment dispute resolution. The findings of this chapter are based on the comparison of provisions of the bilateral investment treaties...
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The european enforcement order and the european order for payment in the context of czech legislation
Duffek, Lukáš ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
This rigorous thesis deals with the European enforcement order and the European order for payment in the context of Czech legislation. Taking into account that the regulation regulating the European enforcement order as well as the regulation regulating the European order for payment came into force quite recently, the topic of the thesis can be considered as very actual. The main purpose of the thesis is to explain the legal basis for the application of the European enforcement order and the European order for payment under the Czech law, describe the development of both instruments and then analyze some practical aspects related to their use in practice. The author of the thesis also outlines the regulation of both instruments under the Czech legislation; and in relation to the key aspects there is a comparison of the Czech and the EU regulation. This rigorous thesis is based on the use of the methods of description, comparison and analysis.
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Companies and their mobility in the European context
Belloňová, Pavla ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee) ; Poláček, Bohumil (referee)
With regard to the gradual economic globalisation markets of States become more and more interconnected, especially so in the European Union which aims to create a single internal market without internal borders and barriers to the free movement of goods, persons, services and capital. Naturally, it influences behaviour of economic participants on the market. With increase of competition it is necessary to be more innovative, active and to search for new opportunities for expansion not only in one's own State but also abroad which entails entering into relations with foreign entities. In the course of time it might be useful or even necessary to relocate the place of business. Such need might not and, indeed, does not concern only natural person but also legal entities such as companies. However, the status of companies in cross-border relations has some specific features in comparison to the status of natural persons. A company is only an artificial product of law, a mere legal fiction, and therefore, its existence is much more closely linked with a specific legal order. A company has legal personality only insofar as some legal order acknowledges it. Different approaches how to link a company to a certain State have been evolved in different States - either the connecting factor is the statutory...
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