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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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"E-business" and International Private Law
Davidovová, Daniela ; Pauknerová, Monika (advisor) ; Poláček, Bohumil (referee) ; Ondřej, Jan (referee)
Univerzita Karlova Právnická fakulta "E-BUSINESS" A MEZINÁRODNÍ PRÁVO SOUKROMÉ ("E-business" and International Private Law) Abstract 2014 Daniela Davidovová ABSTRACT This work concerns selected aspects of e-business and international private law. Its goal is to determine, whether the current rules of international private law are applicable to the legal relationships resulting from e-business. The work consists of six chapters: Internet and E-business, E-business and International Private Law in the Czech Republic, Application of International Private Law rules to selected contract types, Contractual terms of selected e-business entrepreneurs, Specific rules applicable to non-contractual legal relationships and De lege ferenda. The first and second chapters provide the essentials of the problematic, including the terminology and explanation on how the internet and e-business works. Chapters three and five enable to observe theoretical problems of International Private Law rules applicable for e-business legal relationships. The main questions observed in this work are following: what is the competent court and what is the applicable law in the legal relationships arising while doing e-business? Answers are provided from the perspective of the Czech e-business entrepreneur who is selling products/providing...
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Conflict of Laws in the European Union Law concerning Obligations
Spozdilová, Karolina ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Kučera, Zdeněk (referee)
The aim of this thesis is to analyze the proper law under the Rome I Regulation and the Rome II Regulation and find out the differences and similarities between them. The thesis is composed of introduction, four parts and conclusion. The part One describes general and theoretical topics of European Private International Law (EPIL) - explains the notion and methods of regulation of Private International Law, notion, meaning, and sources of law and principles of application of EPIL. The part Two is concerned with the history of creation, structure, and scope of the Rome I and Rome II Regulations. Parts Three and Four represent the core of this thesis. The part Three analyzes the proper law of contract under the Rome I Regulation and non- contractual obligations under the Rome II Regulation. It focuses on ascertaining of the applicable law for obligations, on limits of the proper law and other related questions. Part Four summarizes all knowledge. It illustrates the results of comparison of the Rome I and Rome II Regulations.
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Private international law in a comparative perspective (International family law in Czech republic and in Federal Republic of Germany)
Černá, Aneta Antonie ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
Private international law in a comparative perspective: International family law in the Czech republic and in the Federal Republic of Germany The subject matter of this thesis is a comparison of Czech and German legal regulations of international family law. I have concretely focused on a regulation of matrimonial law with an international element and on a regulation of relations connected with registered partnership containing the international element. I have chosen this subject matter because this field has not been completely unified by a legislation of the European Union and so that I can compare legal regulations in the Czech Republic and in the Federal Republic of Germany. It is a really actual theme because a new law act about international law is going to be effective from 1st January, 2014 in the Czech Republic and furthermore the Regulation Rome III governing applicable law for a severance and divorce has become effective in some member states of the EU. Also there have been designed other new Regulations regulating marital relations and relations of registered partnership with the international element. A development of a new legal regulation allowed me to elaborate the topic with using information which has not been used so summarily yet. So this work could be a contribution according...
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Legal regulation of mediation and international arbitration procedure in the Czech Republic and Argentina
Milerová, Sylvie ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Legal Regulation of Mediation and International Arbitration Procedure in the Czech Republic and Argentina The purpose of my thesis is to describe the legal regulations of mediation and international arbitration in the Czech Republic and Argentina, find the differences between these regulations, compare them and draw recommendations for the future development of these insitutes in both countries. The thesis begins with an introduction, where I outline the reasons that led me to choose the topic and write this thesis, the method used as well as the outcome that I intend to reach. Following the introduction, the thesis is divided into eight chapters. The first chapter provides the reader with a general overview of basic concepts of mediation and arbitration. The chapter begins with an attempt to systematically class these two institutes. Subsequently, a characteristics of mediation as an ADR method and arbitration including the description of the four main theoretical concepts, is outlined. These concepts are not only crucial for understanding arbitration, but also, as the text shows further on, for legislative activity in this field. The last part of the chapter contains the advantages and disadvantages of arbitration, which explain the popularity of (international) arbitration. The second chapter...
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The Determination of Governing Law in the Absence of Choice in Selected Obligations in the Czech Republic and in the United States
Chvosta, Ondřej ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
rigorózní práce v anglickém jazyce: This thesis compares the determination of governing law in selected obligations in the Czech Republic and in the United States. This comparison is made against the background of two principles: legal certainty (typical for the Czech Republic) and Equity (typical for the United States). Chapter one discusses the different approaches to private international law in the two countries, and discusses the relationship between Equity and Legal Certainty. Chapter one also discusses the applicable sources of law. Chapter two compares the different approaches to choice of law in contractual obligations. The choice-of-law rules of relevant Czech and European statutes are analyzed in detail. Furthermore, the American approaches to choice of law are introduced and examined, namely: the First Restatement approach, Currie's Interest Analysis, the Second Restatement approach, the Better Law Approach, and the Significant Contacts Approach. Chapter three is analogical to chapter two, but it focuses on non-contractual obligations (Torts). The focus of this chapter is EU Regulation Rome II and the particularities of the First and Second Restatements and Currie's Interest Analysis when applied to torts. The conclusion summarizes the author's main ideas and opinions.
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Methods of Investment in International Private Law
Štaňko, Andrej ; Pauknerová, Monika (advisor) ; Balaš, Vladimír (referee) ; Poláček, Bohumil (referee)
Methods of Investment in International Private Law Dissertation thesis is structured into 9 Sections. First section deals with reasons why entrepreneurs use international holdings: regulative, questions of taxation and legal system reasons. Second section describes legal sources applicable for the analyzed issues. Third section summarizes some of the risks relating to use of international holding companies, namely risk of breaching the criminal law or circumventing other legal rules. Apart from legal risks, there are economic risks to be mitigated. The risks mentioned are systematic risk (e.g., bankruptcy of the state) and personal risk relating to the foreign managers (incompetency, fraud). Fifth section deals with typical transactions in the group of companies relating to financing by banks and bods issuance. Briefly analyzed are also acquisition structures and whitewash procedure. Sixth and seventh section describe tax burdens in the Czech republic, Cyprus, Seychelles, Mauritius and number of other countries. Analysis of the jurisdictions in nine countries as to the recognition and enforcement of foreign judicial decisions is provided in the section eight. The dissertation thesis is concluded with description of the civil law applicable after the so called recodification planned in the Czech...
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Mediation of Commercial Disputes: Domestic and International Perspectives
Svatoš, Martin ; Pauknerová, Monika (advisor) ; Balaš, Vladimír (referee) ; Poláček, Bohumil (referee)
SUMMARY: MEDIATION OF COMMERCIAL DISPUTES - DOMESTIC AND INTERNATIONAL PERSPECTIVES Dr. Martin Svatoš This paper addresses the mediation and its use in the both domestic and international commercial disputes. The milieu that serves as a source of the problems to be resolved during mediation is a specific one. It demands quick, cost-effective and confidential resolution of complicated disputes involving several parties. In general, this cannot be granted by the traditional ways of dispute resolution - litigation and arbitration. Mediation is regarded as a cost-effective and quick extrajudicial resolution of disputes in civil and commercial matters through processes tailored to the needs of the parties. On the other hand, there are several legal and legal-related issues that have to be discussed. And thus, the question that remains to be answered is: Is mediation really as effective as it is told? And in the case of a positive answer - why it is not the most commonly used dispute resolution procedure? The main goal of this thesis is to answer these queries. Its first part focuses on the issue of mediation in general. Quite surprisingly, there is no exact definition of mediation neither in the legal acts, nor in the opinion of the ADR experts. In contrast, plenty of definition can be found after short...
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