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Surrogate motherhood in relations with an international aspect
Burkertová, Eva ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Zavadilová, Marta (referee)
The thesis is a comprehensive elaboration of the issue of surrogacy with an international element, ie cases where the surrogate mother falls under a different jurisdiction as the intended parents or cases where surrogacy takes place in a country other than the home country of the intended parents. The introductory part deals with the principles on which the Czech legal system is based and the situation in which surrogacy is thus established. The legal regulation is discussed, including the evaluation of the principle that the mother is always certain and the only § 804 of the Civil Code, which mentions surrogacy. The principle by which the acquisition of legal parenthood to a child born through surrogacy is acquired is described. Attention is paid to problematic situations to which surrogacy can lead, especially the issue of enforceability of a surrogate contract, determination and denial of motherhood, criminal aspects, assisted reproduction and the child's right to know his or her origin. The next part describes the situation abroad, where the legislation differs from the legalization of surrogacy (including commercial surrogacy or surrogacy for gay couples) to an explicit ban, where surrogacy can fulfill the characteristics of a crime. The thesis also presents an explanation of the issue of...
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International drone goods transportation
Říha, Vojtěch ; Zavadilová, Marta (referee)
International drone goods transportation - Abstract, key words The aim of this work is to explore the possibilities of liability concepts in relation to unmanned aerial vehicles that transport goods in the international transport of goods. For this purpose, a comparison of the normative theory of František Weyr and the way of functioning of formally logical systems is performed within the work. This normative theory has a great impact on the actual functioning of the information system itself, which is exempt from the content of its own rule contained in the norm itself. There are described methods of acknowledging machines and the method of interpretation and application of individual rules contained in norms themselves that are being interpreted by these machines. All this precisely with regard to the fact that unmanned aerial vehicles cannot learn to distinguish between inner values of norms, on which individual legal norms are based. This is because unmanned aerial vehicles cannot achieve this with the help of a tool of pure intelligence alone. Since unmanned aerial vehicles interpret and apply their own internal norms to the outside world only as they are set within their normative setting. This normative setting is also related to the protection against banal evil and the protection of notional...
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Passengers claims in air transport under the Regulation (EC) of the European Parliament and of the Council No. 261/2004
Koudela, Martin ; Zavadilová, Marta (advisor) ; Pfeiffer, Magdalena (referee)
Passengers claims in air transport under the Regulation (EC) of the European Parliament and of the Council No. 261/2004 Abstract The subject of this diploma thesis is the claims of air passengers, especially those arising from Regulation (EC) 261/2004 of the European Parliament and of the Council, but also according to other regulations of private international law. The thesis is divided into four parts, which, with regard to the nature of the topic, combine both theoretical and practical aspects. The first part provides an introduction to the issue by setting it in the historical context of civil aviation regulations and then discusses important documents in the field of air passenger rights. In particular, it compares these documents with each other and provides the reader with a practical overview of these documents. The second part deals with the Regulation (EC) 261/2004 of the European Parliament and of the Council, which is the central legal regulation of this work. First, the author describes the context and process of adoption of the Regulation and then deals with the individual parts, while supplementing the theoretical interpretation with numerous references to the case law of the Court of Justice of the European Union. Subsequently, the circumstances of the ongoing amendment of the Regulation are...
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Succession proceedings with an international element and a focus on adoption and practical functioning of the succession regulation
Veselá, Lenka ; Pfeiffer, Magdalena (advisor) ; Zavadilová, Marta (referee)
Succession with cross-border implications focusing on adoption and application of Succession Regulation in practice The subject of the rigorous thesis is succession with cross-border implications focusing on adoption and application of Succession Regulation in practice. Succession Regulation applies from 17th August 2015 and unifies both conflict of law and jurisdiction rules in matters of international succession. Moreover, it creates European Certificate of Succession (hereinafter the "ECS") to be issued for use in another Member State in order to efficiently settle the succession. Succession Regulation shortens the length of inheritance proceedings and removes obstacles to the exercise of the rights of beneficiaries in relation to succession having cross-border implications. This thesis focuses on adoption of Succession Regulation, basic application rules (scope, principles) and interpretation problems connected to its application in practice. The aim of this thesis is clarification of the main principles of Succession Regulation and providing an overview of the rules for determining its temporal, territorial and subject matter jurisdiction. The main goal is the detailed analysis of problematic issues, which occur in connection with the application of Succession Regulation in practice - not only...
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Consumer protection in European private international law
Kabelíková, Kateřina ; Brodec, Jan (advisor) ; Zavadilová, Marta (referee)
Consumer protection in european private international law The thesis analyses current condition and level of consumer protection in european private international law. It focuses especially on legal regulation contained in Rome I. regulation, which is the consumer protection key rule in the area concerned. Author approaches the matter in several ways. In particular, the statutes in question are interpreted both separately and in the context of the Regulation. Furthermore, author emphasizes recent development and related judicial clarification emanating from the Court of Justice rulings. CJEU decisions rendered in relation with the procedural statutes and with previously effective Rome Convention assist significantly with the interpretation of the Rome I. regulation. In order to provide the reader with complex and proper understanding of the statutory regulation in force, author frequently refers to the previous provisions contained in Rome Convention while at the same time highlights the outcomes of comparison of both statutes. Moreover, opinions of many scholars and doctrine are frequently presented. The thesis consists of six chapters. The first and the second chapter introduce the reader into the topic of consumer protection in conflict of laws and define relevant legal terminology. The third...
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Czech and foreign arbitral award
Madejová, Ivana ; Pfeiffer, Magdalena (advisor) ; Zavadilová, Marta (referee)
1 Abstract: Czech and foreign arbitral award The purpose of this thesis is to describe and compare the position of Czech and foreign arbitral award in the Czech legislation. The author aims to clarify whether the Czech legislation grants to foreign arbitral awards the same possibility of enforcement as it grants, if the same conditions are met, to Czech arbitral awards. This thesis should also answer whether the decision-making practice of Czech courts is not in conflict with international obligations. The thesis is divided into five parts. The first part is dedicated to general questions of arbitration. The purpose of this section is to introduce arbitration as an alternative method of dispute resolution. The author analyses the use of arbitration by describing its advantages and disadvantages. Further attention is paid to the main institutes of arbitration such as arbitrability of the dispute. The second part deals with the most important sources of law governing arbitration. For unambiguous application of sources of law, the author also deals with conflicts between different sources of law, for example in the form of a conflict of a multilateral international treaty with a bilateral international treaty on legal aid. The third part the author dedicates to the arbitral award itself. It deals with its...
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Consumer contracts in private international law
Kotyza, Adam ; Zavadilová, Marta (advisor) ; Pfeiffer, Magdalena (referee)
Consumer contracts in private international law Abstract Consumer contracts in private international law are regulated by several pieces of legislation. These can be generally divided into jurisdictional rules, conflict of law rules and substantive law. The aim of my thesis is to answer the following questions: "What is the characteristics of contracts in private international law, which entitle the consumer to consumer jurisdictional protection, and how does that protection manifest itself when the legal proceedings are instituted?" I have therefore confined myself to the jurisdictional rules of EU and EFTA. The thesis is divided into six chapters. The first chapter introduces the general characteristics of the consumer contract in private international law, i.e. its specific features and the international element. The second chapter is devoted to the historical development of the two main pieces of legislation that make up the Brussels-Lugano regime - the Brussels I bis and the Lugano II Convention, and to the development of the jurisdictional rules on consumer jurisdictional protection in their wordings. In the third, fourth and fifth chapter I present in detail the specific features of the consumer contract in private international law - subjects of consumer contract, individual categories of consumer...
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International Child Abductions
Karetová, Barbora ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee) ; Zavadilová, Marta (referee)
International Child Abductions Abstract in English This dissertation thesis deals with the issue of International Child Abductions, which is a constantly growing phenomenon. The focus of the legal regulation of international abductions lies within the Hague Convention on the Civil Aspects of International Child Abduction (hereinafter referred to as the 1980 Convention), which was adopted on 25 October 1980. There are already 98 signatory States of the Convention. This fact makes the Convention, at least in terms of the number of signatory states, one of the most successful international treaties at all. In spite of the nearly forty years of this Convention, there are still uncertainties in interpretation of certain terms during its application. The introductory part of this work deals mainly with questions of interpretation of basic concepts such as habitual residence or the right to care for a child, as well as the interpretation of individual exemptions from the obligation to return the child to the state of his habitual residence without delay. This section analyzes in particular the case law of the United Kingdom and United States courts, which account for nearly 50 % of all international abductions. Recently, there has been discussion among academics and other professional on the decision- making...
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A Criterion of Habitual Residence in Private International Law
Pfeiffer, Magdalena ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
This dissertation deals with one of the most significant concepts of contemporary private international law - the concept of habitual residence. The concept of habitual residence was introduced into the field of private international law within the context of the unification work of the Hague Conference of Private International Law in the interest of finding a compromise between the traditional connecting factors of domicile, dominant in the sphere of common law, and nationality, that is historically closely bound to continental legal systems. Thanks to the long and systematic unification work of the Hague Conference of Private International Law, the connecting factor of habitual residence has gained a permanent indisputable position in private international law. The concept of habitual residence has also forcefully made its way through into the rapidly developing sphere of European private international law. The European Union has followed in the footsteps of the Hague Conference of Private International Law: habitual residence is today the central, most frequently adopted connecting factor in the unified conflict-of-laws rules, that determine the applicable law, as well as in the rules that determine the jurisdiction of the forum. Building on the recent intense development in this field of...
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The choice of law and court in international trade
Bříza, Petr ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
The dissertation thesis deals with choice of law and choice of court in the area of international trade, as governed by the EU and international legal instruments. The thesis is divided into 4 basic chapters, its centerpiece being chapters II and III, which contain a detailed analysis of choice of law and choice of court in the EU legal instruments and also in international agreements. Chapter I is an introduction of the topic, while chapter IV brings a summary of findings and conclusions made throughout the thesis. The introductory chapter brings about the justification, why it was choice of law and choice of court, which have become the subject matter of the thesis. Right at the beginning, the importance of these tools for international transactions is demonstrated; principle of party autonomy, which is reflected in these tools, plays a key role here. It is party autonomy principle and its history, what is analyzed in the first part of this chapter, while the author comes back to this pivotal (and nowadays in principle universally respected) principle also in other chapters, always in relation to the specific legal instruments dealt with therein. The introductory chapter also discusses the reasons, why parties conclude choice of law agreements and it also analyses under which circumstances they...
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