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Contractual obligations in private international law
Gospodinová, Vanda ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
80 Summary The theme of this thesis is "Contractual Obligations in Private International Law" and the subtopic is "Employment contract". Within such a defined theme, the thesis examines how Czech courts interpret employment contracts established under the US law. The first chapter outlines the different conceptions of the law in the Czech Republic and the United States of America as a result of different legal and historical development. The second chapter discusses the Czech Private International Law and its position within the Czech Private Law, because a Czech court basically applies Czech conflict rules. The third chapter focuses on two particular disputes of private relationships with an international elements that Czech courts discussed and decided. The subject of both disputes were to assess the termination of employment and other related issues. The aim of the last chapter is to consider these disputes in the light of current legislation. In order to do that I apply Act on Private International Law, as well as Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis), then Act on Private International and Procedure and the US Labour Law. Furthermore, I also apply mandatory rules of Regulation on the law applicable to contractual...
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Topical Issues of the Regulation of International Air Carriage
Zubrová, Anna ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Resumé The thesis titled "Topical Issues of the Regulation of International Air Carriage" concerns itself with legal regulation germane to operating the international carriage by air. It is focused on carriage of cargo; carriage of passengers is only marginally mentioned. In the first chapter the author of the thesis defines the term of transport, transport law and compares the advantages and disadvantages of the means of transport in connection with the carriage of cargo. The second chapter of the thesis deals with the term of aviation law, historical development of the air transport and introduces the most important international organizations in the field of the civil air transport. The third chapter is dedicated to the historical development of the legal regulation in the field of the civil air transport, mainly the international legal regulation carried out by the Montreal Convention and the Warsaw Convention (with its amendments). This chapter also deals with the legal regulation of the European Union and analyses some selected EU regulations and describes national laws (mainly Civil Aviation Act). In this chapter there is also included the analysis of sources of the legal regulation and their mutual relations. It also explains the basics of the methods of regulation in the international private law -...
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Legal limits of the cross-border movement of military materials
Matocha, Jakub ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Legal limits of the cross-border movement of military materials The global trade with military materials is an important, however often under- researched, area of academic enquiry. Such attitude is not correct, because in fact it is a massive global industry in which also Czech companies play a significant role. Given the newspaper headlines and statements of arms dealer, it is obvious there have long been unsolved problems burdening arms dealers caused especially by an inappropriate legal framework. This theses aims to provide an analysis of legal framework in respect to cross-border movement of military materials covering especially European and Czech legislation focusing on its potential limits arising and important for arms dealers. On a global international level the Arms Trade Treaty and other relevant treaties regulating international trade with military materials are identified and described. Attention is also paid to limitations of arms trade such as embargoes or restrictive measures imposed by the UN and the EU respectively as well as to limitations resulting from domestic and European legislation or from its different interpretation. In view of different legal framework this thesis strictly distinguishes whether a movement is realized, while particular law is adequately reflected. There...
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Private international law from a comparative perspective (comparison of a particular segment in Czech law and the law of a selected country)
Pračková, Naďa ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Private international law from a comparative perspective (comparison of a particular segment in Czech law and the law of a selected country) The aim of this thesis is to compare the provisions of the Czech and Italian private international law respective to the issue of applicable law and recognition of trusts. The thesis is composed of six main chapters, introduction and conclusion. Second chapter refers to the historical concept of trusts with particular focus on the historical development in Czech legal system. Third chapter is focused on the notion of trust within the terms of the Act no. 89/2012 Coll., Civil Code and the Hague Convention on the Law Applicable to Trusts and on their Recognition as well as its unique implementation allowing creation of specific Italian trusts, so-called trusts interni. Fourth and fifth chapter are dedicated to the complex analysis of provisions of the Act no. 91/2012 Sb., on Private International Law and the Hague Convention, in particularly extent of the application, the choice of law, applicable law, change of law, depeçage, and recognition of trusts. European legislation overview and possible grounds for further development are described in the sixth chapter. Seventh chapter describes practical aspects of the applicable law and recognition of trusts.
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International civil procedure in the European Union - selected issues
Strnad, Jan ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The purpose of the thesis is to offer a comprehensive commentary of the choice-of-court agreements under the Brussels I bis regulations and the 2005 Convention on Choice of Court Agreements ("Convention") and to refer to the main problems which may arise during the application of these instruments to the disputes arising from relationships in which the choice- of-court agreement was concluded. The paper is composed of five main chapters. The first four chapters deal with the framework of the Brussels I bis, the fifth chapter illustrates the rules of the Convention. Chapter one is dedicated to the fundamental characteristics of the Brussels I bis. It compares the rules contained therein with the previous legislation, analyses its principles and purposes, the interpretation of the terms contained therein and the relation to the other instruments. Chapter two deals with the detailed analysis of the choice-of-court agreements under the Brussels I bis, particularly with the scope of effect of art. 25, the effect of jurisdictional agreements, their characteristics, formalities necessary for their creations, their extent, forms, formal and material validity, cases where the Brussels I bis restricts the effect of the choice-of-court agreements and the consequences of such violation. Chapter three explains...
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Arbitration contract in international and national business transactions
Hrubá, Zuzana ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
This thesis called Arbitration contract in international and national business transactions deals with arbitration contract and its position not only in legal environment of the Czech republic but also at international stage. First chapter focuses mainly on evolvement of arbitration contract from the Middle Ages till now and its modern form that is regulated in the Act No. 216/1994 Coll., on Arbitration Proceedings and on Enforcement of Arbitral Awards, in New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and also in UNCITRAL Model law. Next chapters discuss concept of arbitration proceedings and consider it important in order to better explain nature of arbitration contract that is one of the most important aspects of this kind of proceedings. Next chapter deals with essentials of arbitration contract from which its validity arises. Mainly, it emphasizes important requirements that parties need to agree upon while negotiating arbitration contract. It does not forget also additional requisites that are recommended. Particularly, it compares situation when parties also negotiate these additional terms and situation when they do not do so and draws some conclusion. The aim of this thesis is to also look at the right of appeal that becomes popular for the parties and therefore...
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Nationality in international investment arbitration
Krampera, Ondřej ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Nationality in international investment arbitration Abstract The subject of this rigorous thesis is the nationality in international investment arbitration. The objective of this thesis is to provide the insight into the issue of nationality in international investment disputes to the professional community and to introduce significant investment disputes regarding this topic. The paper is divided into six main parts. First chapter describes the international investment arbitration (dispute) in general. Second chapter is devoted to the definition of investor and to various principles that can be used to assess the nationality of investors. Third chapter looks at the nationality of investors from the perspective of Washington Treaty, whereas fourth chapter looks at the nationality from the perspective of Energy Charter Treaty. Fifth chapter introduces some significant bilateral investment treaties signed by Czech Republic and their approaches for defining the nationality of investors. Finally six chapter looks at some particular issues through case studies of arbitration tribunals' decisions.
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International sales contract in relation to consumer
Koričanská, Marie ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
The thesis deals with issues of the position of consumer as a contracting party in case of international sales contract and it deals with the protection which is provided to consumer in the international trade, especially in relation to the consumer's position. In the first three chapters the thesis focuses on general explanations relating to the international sale of goods relating to consumer, namely on the definition of sales contract, the foreign element in case of international sales contract and basic approaches of legal regulation in private international law. The fourth chapter concentrates on the consumer. Regarding the consumer contracts, the thesis analyses the basic terminology of therein in the Czech and the EU context. The previous explanations are followed by other five chapters which analyze the specific provisions of the legislation of private international law which are related to consumer protection as a party international sale of goods. The thesis therefore concentrates on the Vienna Convention on the international sale of goods (CISG), Rome I Regulation, proposal on CESL and Act on Private International Law. At last, the thesis evaluates the development concerning the consumer protection in the private international law. In addition, relevant case law is presented for each...
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Alternative Dispute Resolution focusing on Mediation
Doležalová, Martina ; Pauknerová, Monika (advisor) ; Balaš, Vladimír (referee) ; Poláček, Bohumil (referee)
This dissertation focuses in particular on a subject matter, that is relatively new in the Czech environment. It is mediation in civil (noncriminal) matters, governed by Act 202/2012 Coll. The author classifies it as one of the several methods of alternative dispute resolution. In the second part of her work she analyzes the med-arb method. In the third part of the dissertation, the author analyzes the mediation process itself, and specifically focuses on its legal aspects. The fourth part of the dissertation includes a comparative study of selected countries, in the field of civil law (Austria, Italy, Netherlands, Germany, France, Belgium, Slovakia) and the Anglo-Saxon law (UK). The fifth part of the dissertation analyzes the Czech legislation. The author suggests adjustments de lege ferenda as well as amendments that do not require any changes of the law, but that can be addressed through the interpretation of individual provisions. The author complements her work with a selection of foreign cases, as the Czech case law has been completely missing so far. The work ends with an analysis of the Code of Conduct for Lawyers-Mediators, which will be currently published for lawyers - registered mediators.
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Mandatory rules in the international commercial relations
Kolářová, Anna Anežka ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The aim of the thesis is to define the cathegory of peremptory rules in private international law and to describe their specific use in the commercial domain compared to business to consumer contractual relations. The reason for my research was my concern for the conflict between the formal possibility to conclude a contract and the actual enforceability of the contractual claims before a court or before alternative dispute resolution bodies in the domain of private international law. A major part of the thesis uses an analytical approach and a grammatical, teleological and logical interpretation of the mentioned legal instruments. The final part is grounded on the legal comparation of several laws across different countries and thus demonstrating how different approaches to peremtory rules may influence the actual interpetation of various legal relations and the contractual liberty in general. The thesis is composed of four chapters and a conclusion. To begin with, the first chapter focuses on the peremptory rules in international commercial relations as a whole. It aims to define the core notion of the peremptory rules. It also reals with a personal and material scope of the thesis - the particularities of commercial relations. Furthermore, the second chapter examines the application of the...
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