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International sales contract: formation of internationals sales contract under the CISG
Gavrilova, Iva ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
The topic of this thesis is the international sales contract and its formation under the United Nations Convention on Contracts for the International Sale of Goods (CISG or the Vienna Convention). The Vienna Convention is the most significant and widely used legal instrument governing the international sales contract. The aim of this thesis is to highlight interesting aspects of the contract, carry out a deeper analysis of the regulation contained in the Vienna Convention, and to point out and clarify problematic areas. The thesis is composed of two major parts, with the first part essential to the understanding of the second. The first part deals with the basic provisions of the Vienna Convention. It briefly describes its creation, then its sphere of application. Within this part the term "international sales contract" is defined and distinguished from its domestic counterpart and also from the contract for services. The term "goods" is discussed in the context of this regulation. It then deals with the consequences of freedom of contract, the issue of gaps in the regulation and their filling and the interpretation of the regulation. Finally it discusses the question of trade usages, when the CISG differentiates between the usages and practices established between the parties on the one hand and...
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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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International Sales Contract
Vošahlík, Petr ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
The objective of this thesis is to frame the scope of application of the Vienna Convention on the International Sale of Goods and other instruments of private international law relating to the international sales contract. In this field the gaps in the Vienna Convention are analysed and methods to fill them are explored. The first chapter introduces the key terms of international trade law. First, the types of legal provisions are listed and then the sales contract is defined under both, the Czech law and the Vienna Convention. In the second chapter I focus on the overview of the development of international uniform sales law and on further sources of law, which are important for international transactions. Besides the Convention itself, I study the Rome I Regulation, the uniform principles of international contract law and the Common European Sales Law. The third chapter advances to the core of the thesis, the gaps in the Vienna Convention. After defining the gaps and characterising them, I formulate the basic principles underlying the Convention, which are to be used to fill the internal gaps. In the last, fourth chapter I selected three gaps in the Vienna Convention: interest rate, set off and the form of the contract. One by one, I explain their nature and all approaches to the gap-filling with...
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Companies in private international law
Flutka, David ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
COMPANIES IN PRIVATE INTERNATIONAL LAW - ABSTRACT The aim of this thesis is to familiarize the reader with the regulation of companies in private international law, with special regards to status of the company. The topic is mainly overtaken by the conflict between the incorporation principle and real seat principle. This conflict is reflected in the legal regulation of companies in private international law on both national law level and European law level. It is also connected to the question of competition between legal systems, which the thesis also deals with. Considering the globalizing world we live in and in which the perpetual need to reduce costs plays more and more important role, the topic is highly current. The thesis is divided into 7 chapters. The introductory chapter introduces the topic and points out the objectives of the thesis. The second chapter explains the basic concepts it is going to work with, namely the concept of a company and private international law (conflict of laws). The following chapter discusses the question of status of the company. It explains the definition of status of the company and afterwards describes the individual theories of determining it, i.e. incorporation theory, real seat theory and a few other rarely used theories. In the fourth chapter, the author pays...
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International Internet Law and Jurisdiction in Internet Related Disputes
Nováková Krajcová, Barbora ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Poláček, Bohumil (referee)
© JUDr. Barbora Krajcová Mezinárodní internetové právo a příslušnost soudu v internetových sporech ABSTRACT The aim of this dissertation thesis is to provide an analysis of International Internet Law from an electronic commerce and, in particular, procedural law perspective. The author focuses on questions relating to jurisdiction which are, according to the author's opinion, specific and controversial to electronic commerce cases. Other questions of procedural law, such as, for example, recognition and enforcement of judgments, are not analyzed in this thesis, since the author does not see any specific issues with these questions in connection with electronic commerce. The Chapter No. 1 in the theoretical portion of this dissertation thesis refers to internet as medium operating electronic commerce. The Chapter No. 2 reflects key and basic terms, contains, inter alia, definition of electronic commerce. However, this thesis analyses questions of jurisdiction the Chapter No. 3 analyses also substantive law relating to electronic commerce and the basic terms used throughout this thesis. Due understanding of substantive law (from an EU law perspective; the e-commerce directive and from an international law perspective; the UNCITRAL Convention on Use of Electronic Communications in International Contracts) its...
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The liability of the carrier in international carriage of goods (focused on carriage of goods by sea)
Lojda, Jiří ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Poláček, Bohumil (referee)
The liability of the carrier in international carriage of goods is a classical issue, which is well known, but still actual. The increasing intensity of international trade has impact on the demand for the transport services. Different rules in different legal systems constitute a hindrance for a proper functioning of international transport services. Nowadays, this problem is well solved by the international conventions containing certain rules, regarding contract of carriage in international transport of goods. However, these conventions govern the contract of carriage only in particular mode of transport which is the reason why it is necessary to describe the liability of the carrier in all these particular modes of transport. The starting point of this thesis is to describe the applicable sets of rules, which can govern the contract of carriage in international transport. Today, the relation among these sets of rules can appear be genuinely complicated. The most crucial point seems to solve the problem of relation between the conventions containing certain rules regarding contract of carriage and the legislation of the EU. In the EU, the most important sets of rules are Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to...
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Regulation of the International Private Law within the EU with a Special Focus on the Area of Labour Law
Kadlecová, Tereza ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Poláček, Bohumil (referee)
The dissertation thesis deals with the regulation of the private international law matters within EU law focusing on the area of labour law.1 The thesis is divided into four basic parts, its centrepiece being parts II and III, which are devoted to relevant general issues related to the regulation of international private law within EU law and/or to the specific legal instruments adopted in this area. Part I is an introduction of the topic, while part IV brings a résumé and a summary of findings and conclusions made throughout the thesis. First of all, the introductory part brings about a justification as to why it was European private international law and/or its part concerning labour law relationships that became the subject matter of the thesis. Emphasis is placed upon the purpose of this legal regulation, its basic features as well as its practical importance. Also, the author explains her motivation to address the concerned topic (consisting in a quite unusual interconnection of international private law and labour law), brings about a justification as for the chosen approach to the topic and outlines the systemization of her thesis. Part II of the thesis, which is devoted primarily to some selected general issues of the legal regulation of European private international law, is divided into...
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World Trade Organization and European Union - the International Trade Aspects of their Relationship
Nasková, Dominika ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Poláček, Bohumil (referee)
World Trade Organization and European Union - the International Trade Aspects of their Relationship The purpose of this thesis is to provide an overall and comparative insight into the relation of the World Trade Organization and the European Union, both being the most influential entities in scope of international trade. The relationship of these two organizations is complex and needs to be assessed with regard to various circumstances - primarily, there is a questionable relationship between the legal systems of those entities, complicated by the attitude of the European Union towards the law (or agreements) of the World Trade Organization. Secondly, both the European Union and the World Trade Organization represent individual and separate entities acting in the area of international trade and thirdly, the European Union is a Member of the World Trade Organization. All these dimensions play a key role when defining the relationship between those entities. The thesis commences (first chapter) with the overview of the development of international trade and organizations with the purpose of regulating this area. Second and third chapter deal with basic terms relating to the World Trade Organization and the European Union - their development, instruments, aims and forecasts. World Trade Organization...
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Applicable Law in International Commercial Arbitration
Coufalová, Jitka ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Applicable Law in International Commercial Arbitration (Abstract) The aim of this thesis is to analyse the choice of applicable law in the international commercial arbitration from three perspectives: applicable law of an underlying agreement, applicable law of an agreement to arbitrate, and applicable law of procedural aspects of arbitration proceedings (lex arbitri, arbitrability). Furthemore, the thesis is alco focused on elements related to the choice of applicable law, for instance the principle of party autonomy and limits of the choice of applicable law. To answer the main three above-mentioned questions regarding applicable law, comparative method is used and subsequently number of foreign legal regulations on arbitral proceedings as well as arbitral awards and relevant case law are analyzed. Theoretical approaches to the choice of applicable law are therefore confronted with their potential application and modifications in practice.
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Arbitration clauses in investment contracts and in international trade, a comparative study
Bodláková, Aneta ; Balaš, Vladimír (advisor) ; Pauknerová, Monika (referee)
VII. ZÁVĚR V práci jsme se zabývali rozhodčími doložkami užívanými jak čistě ve smlouvách mezi subjekty soukromého práva, v našem případě doplněné o mezinárodní prvek, tak i v tzv. investičních smlouvách. Investiční smlouvy užité i v názvu práce jsme definovali v širším smyslu; zahrnuli jsem do nich smlouvy investiční jako smlouvy nejčastěji koncesní uzavírané mezi státem a investorem druhého státu, ale i tzv. dohody o ochraně investic uzavřené mezi dvěma státy. Cílem práce pak bylo nahlédnout do často komplikované problematiky rozhodčích doložek, přičemž autorka v zásadě provedla srovnání na jejich základních stavebních prvcích. Celá práce byla strukturována do šesti kapitol. První tři kapitoly jsou nezbytným podkladem pro samotnou studii, zahrnující vymezení základních metod, definování hlavních pojmů, vymezení rozhodčí doložky jako ústředního tématu práce. K samotnému rozboru autorka přistoupila až v kapitole IV., V. a VI. Jednotlivé kapitoly byly dále strukturovány do podkapitol. Práce má tedy logickou systematiku založenou na gradaci jednotlivých bodů podle své komplikovanosti či nejasnosti v rámci každého tématu. Ve III. kapitole autorka rozebírala základní stavební prvky rozhodčích doložek, tzn. že se zabývala arbitrabilitou a jejím pojetím v obou vymezených oblastech práva, dále způsobilostí stran...
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