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Bills of Lading and other Shipping Documents in the International Maritime Transportation
Zavadilová, Kristýna ; Brodec, Jan (advisor) ; Kučera, Zdeněk (referee)
(EN): Bill of Lading and other Shipping Documents in the International Maritime Transport Main aim of this thesis is an introduction to the law regulating shipping documents used in the international maritime transport and summary of current and possible future development in this area of law. The relationships arising from issuance and handling with the shipping documents may be quite complicated and the purpose of this thesis is to present these issues that have not been explored deeply in the Czech Republic yet. The original reason that led me into choice of this topic is my personal interest in international trade, ships and securities. The shipping documents enable smooth operation of the international transport and the international transport facilitates the international trade as such. At present, almost all goods at the market are being shipped via ocean during their way to the final customer. The entire movement of goods via ocean is being conducted under shipping documents and the significance of the shipping documents is therefore considerable. As a result of speed and volume sprout of the transport during last two decades, as well as growing popularity of door-to-door multimodal transport and computerization of all data and documents in general, the transport documents are undergoing...
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Lex causae of consumer contracts with international element
Bambulová, Barbora ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The thesis is based on the previous work of the author written as a thesis to terminate undergraduate studies in law. In the beginning, it covers two main sources of the EU law regarding the lex causae of contracts with an international element in the area of civil and commercial obligations, i. e. The Rome convention and the Rome I Regulation. In order to better capture the evolution in determination of the lex causae in commercial and civil contracts with an international element, the author introduces first the former and consequently in a comparative way, also the latter. Since this part of the thesis is presented in more general way, it follows that the author deals with the particular issue of consumer protection in the second part. The second part of the thesis covers the issue of consumer contracts as regards the Rome convention and the Rome I Regulation. While generally, contracts are characterized by their nature of performance, in the case of consumer contracts, it is the nature of contractual parties which is decisive. Regarding the consumer contracts, the author analyses the basic terminology of therein in the Czech and the EU context and also indicates possible linguistic problems. Furthermore, the author focuses more in detail on the Consumer Rights Directive which revises by the...
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Damages under the United Nations Convention on contracts for the international Sale of Goods
Veselý, Tomáš ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The recent decades have seen a steady growth of international trade of goods. In order to harmonize the legal environment concerning this materia, attempts for unification of international sales law have been made. In the field of sales of goods, several international instruments have been adopted. These include the (unsuccessful) Convention relating to a Uniform Law on the International Sale of Goods, the model laws, i.e. the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law, and, most notably, the UN Convention on Contracts for the International Sales of Goods (CISG). This master's thesis aims to explore one type of remedies for non-performance under the CISG, namely provisions on damages. In a great detail, articles 74, 77, 79 and 80 will be analysed. First, a detailed commentary on two major prerequisites for liability for damages, i.e. causation and foreseeability, will be given. The various factual and legal causation theories will be described. Then it will be demonstrated why it is just and useful that the CISG contains a provision for limiting liability to foreseeable loss and how foreseeability is measured. We will then move to another method of limiting damages - mitigation rule. It will be shown why it is in the aggrieved party's best...
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Intermediated Holding of Securities: dispositions, conflict-of-laws issues, public policy aspects
Vondráček, Ondřej ; Brodec, Jan (referee) ; Elek, Štefan (referee)
Doctoral thesis: Intermediated Holding of Securities: dispositions, conflict-of-laws issues, public policy aspects (Mgr. Ondřej Vondráček Ph.D., LL.M) ABSTRACT This thesis analyses the dynamic aspects of intermediated holdings of securities. It deals with issues concerning legal relations which stem from the circulation of intermediated securities. The first part maps voluntary and involuntary dispositions with intermediated securities. In the framework of voluntary dispositions it describes rules concerning transfers of intermediated securities - both stock market and over-the-counter (OTC) - as well as collateral arrangements comprising intermediated securities. The second part concentrates on the aspects of private international law of dispositions with intermediated securities, and in particular on difficulties with localisation of intermediated securities and accounts where they are recorded. The third part examines public policy aspects of intermediated holdings. It asks whether the theory of incorporation of the right in a certificate applying to directly held certificated equity securities - which allows their holder to hide their identity - contributes to negative social effects, like corruption, tax evasion, conflict of interest or money-laundering. The first two parts are based on an identical...
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Forum Shopping within the European Regulation on Insolvency Proceedings
Simčina, Michal ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
67 Abstract The topic of this diploma thesis is "Forum Shopping under European Regulation on Insolvency." The forum shopping means deliberate transfer of court proceedings from one EU member state to another under the regulation of EC Council No. 1346/2000, on insolvency proceedings. Forum shopping has been immensely developed recently which is evidenced by the fact that British courts have been facing motions for insolvency proceedings regarding debtors with major link to a non-UK country. I have chosen this topic because forum shopping often happens in real word and Czech expert literature keeps quite on this topic. The Regulation on Insolvency is linked to partly universal effect within the European Union. This means that insolvency proceedings in one Member state will be effective in other member states as well. The insolvency proceedings is commenced in the member state of the debtor's centre of main interests. COMI as a basic building stone of the Regulation is not precisely expressed, and only a partly construction served by the Court of Justice of the European Union leaves door open for large forum shopping evidenced by abundant decision making by the Court of Justice of the European Union and national courts of member states. Forum shopping is furthered by mutual recognition of decisions in terms...
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International insolvency law
Foľta, Vlastimil ; Brodec, Jan (advisor) ; Pauknerová, Monika (referee)
The thesis is denoted to two principal issues of European insolvency law - COMI notion interpretation and forum shopping. On the background of historic development, it interprets the current wording of European Insolvency Regulation in the light of case law issued by the Court of Justice of the European Union. It also analyses benefits and drawbacks of proposed legislative changes to COMI motion in the connection with the contemplated amendment of the European Insolvency Regulation. It proposes that COMI of companies is determined using irrebuttable presumption of COMI in the place of their registered seat. Further, it distinguishes between positive and negative forum shopping. Also, it provides an overview of risks and advantages related to forum shopping. The thesis evaluates the efficiency of current and potential tools for forum shopping elimination. It also deals with the relation of forum shopping to EU principal freedoms.
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Private International Law and the Issues of Securities Law
Borčin, Tomáš ; Brodec, Jan (advisor) ; Kučera, Zdeněk (referee)
Private International Law and the Issues of Securities Law Tomáš Borčin Acts No. 139/2011 Coll. and No. 172/2012 Coll. have introduced a set of brand new choice-of-law rules in respect to securities into the Czech legal system. The same set of rules has rather simultaneously been adopted by the new Act No. 91/2012 Coll., on Private International Law, coming into force on 1st of January 2014. However, despite the fact that these amendments had brought the much needed conflict of laws rules for cross border transactions involving securities, the actual subject of how the securities are treated in private international law remains mostly unexplored by Czech jurisprudence as of this date. Therefore, the core ambition of this thesis is to provide a complex legal analysis of the aforementioned rules by the means of examination of their theoretical basis as well as of practical implications of their application. The thesis consists of seven chapters of various extent and scope. The ratio behind the first chapter is to address the question of what securities are, and how are they treated pursuant to Czech legislation. The emphasis is given on the definition of securities and their respective classification, however, the chapter does not omit the upcoming changes in respect to the recodification of private...
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Applicable law in international arbitration
Achour, Gabriel ; Brodec, Jan (advisor) ; Kučera, Zdeněk (referee)
The aim of this thesis (The Applicable Law in International Arbitration) is a general and comprehensive introduction of applicable laws in international arbitration. At first the characteristics of arbitration and its differentiation from litigation and other alternative dispute resolution are introduced as well as theories of arbitration as such. In its second and main part this thesis presents various legal systems, which may acquire the status of the law applicable to a particular phase or aspect of international arbitration. Firstly, the effect of lex arbitri on arbitration is discussed. Furthermore, this thesis discusses the effect of lex loci executionis on the recognition and enforcement of an arbitral award. The thesis also focuses on lex causae and both alternatives of its choice, i.e. to the parties choice of lex cause and to the absence of its choice. Arbitration agreement, particularly in relation to its separability from the underlying contract, as well as its relation to the arbitrability is explored in following part of this thesis. Last but not least this thesis takes into consideration the possibility of application of non-state normative systems in international arbitration.
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Private international law and the issues of business companies
Koucký, Luboš ; Brodec, Jan (advisor) ; Pauknerová, Monika (referee)
The presented thesis seeks to provide a comprehensive commentary on the status of companies and trusts in the area of private international law with special emphasis on the modern development of Czech law. Aforementioned instruments were chosen especially with respect to their frequented use for asset management purposes. The essential part deals with status of companies in the European Union along with the main discrepancy between member states in determining the connecting factors. Aside from defining a nature of company and the fundamental theories setting its personal status, the author puts forward a historical excursus into the jurisprudence of Court of Justice of the European Union in shaping the freedom of establishment for legal persons. The section concludes with the topic on mergers and conversions as vehicles enabling the cross-border transfer of company seats. The structure of the subsequent part reflects a high dependency of shape of trusts and trusteeships on national legislation. The chapter opens with introducing the term equity and goes on to basic attributes of British trust. These introductory parts are followed by the analysis of this instrument with respect to international treaties. The conclusion scrutinizes trusteeship as embedded in new Czech civil code, together with...
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