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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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Non-contractual obligations with cross-border elements
Holečková, Kateřina ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Dolanská Bányaiová, Lucie (referee)
Non-contractual obligations with cross-border elements Non-contractual obligations form a specific part of the law of obligations. Non- contractual obligations are characterized by the fact that the respective parties enter them involuntarily and without a clear understanding of their legal regulation. In cases where the respective legal relationship contains a cross-border element, this lack of understanding is even deeper. The subject of this thesis are non-contractual obligations with a cross-border element and their regulation in private international law. The three fundamental questions of private international law are addressed: namely the issue of international jurisdiction, applicable law, and recognition and enforcement of foreign judgements. The current legal regulation of non-contractual obligations with a cross-border elements is contained in a number of legal resources - from international treaties and EU legislation to autonomous national law. The main objective of this thesis is to analyse these systems of legal regulation in order to determine whether they meet the requirement of legal certainty and foreseeability or whether its unification on international or at least a regional level would be beneficial in that regard. Apart from the introductory and conclusion parts, the thesis...
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Protection of a Weaker Contract Party and Private International Law
Skalská, Helena ; Dolanská Bányaiová, Lucie (referee)
Protection of a Weaker Contract Party and Private International Law The topic of this dissertation thesis is the protection of weaker parties in the context of determination and application of the applicable law. The dissertation seeks anchor and concept of protection of weaker parties in the Rome I Regulation. The thesis is divided into three main parts. The first part deals with the basis for protection of weaker parties, linking the theoretical and value foundations on which the protection stands with practical implications that ignorance of significantly unequal position might have. For a comprehensive understanding, it is necessary to look at the background of individual legal rules. However, dealing with these issues cannot be viewed solely in the context of private international law. Certain legal institutions of private international law may not be designated solely for the protection of certain categories of weaker parties but may be used to protect a weaker party with regard to the concept of a weaker party and the importance of its protection in substantive law (especially civil law). The second part, which is the focal point of this thesis, consists in the analysis of ways of protecting the weaker parties, both at a more general methodological level and in the form of a more detailed...
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Non-material damage in the regulation of international transport
Vosečková, Lucie ; Pauknerová, Monika (advisor) ; Ondřej, Jan (referee) ; Dolanská Bányaiová, Lucie (referee)
198 Non-material damage in the regulation of international transport Abstract The dissertation deals with issues related to the legal regulation of non-material damage arising in connection with international air transport. It has been at the forefront of interest espceially of the European institutions over the last ten years. The first part of the dissertation is devoted to the general theoretical definition of non- material damage as such and to individual types of non- material damage that may arise during air transport. These are bodily harm, emotional harm caused by stress experienced or otherwise uncomfortable, and non-material harm caused by the fact that the passenger does not get to his destination in time due to delays, flight cancellations or denied boarding. The second part is devoted to the comparison of compensation for non-material damage in the Czech Republic and the United States of America, namely the development of the non- pecuniary damage and compensation for this damage. Particular attention is paid to particular titles, which are, according to the relevant legal regulations, replaced and the comparison of the compensation of non-material damage in the decisions of the courts of both countries. The third part is devoted to the regulation of non-material damage and its compensation,...
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Business Management in the Transnational Relations
Králik, Dominik ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Dolanská Bányaiová, Lucie (referee)
This dissertation deals with the institute of business management with a transnational element. At the beginning of the thesis there are given three basic goals of the work. Their common feature is the effort to make the internal market of the European Union more effective. In the first chapter there are two questions discussed: on the one hand the actuality of the problem and on the other hand the perspective of the chosen topic. The first chapter also brings the definition of the term business management, while in the second chapter there are already described possible interventions into business management under Czech law. In principle, it is possible to distinguish two different forms of intervention, namely internal and external intervention. Under Czech law, the internal intervention represents the institute of the requested instruction and the external intervention the institute of the concern instruction. Through both forms of intervention, a foreign person can exercise its influence on Czech company. The third chapter is in its essence legal comparatistics and deals with the possibilities of intervention into business management under selected legal orders. The fourth chapter seeks to collect laws regulating international concern relations. The fifth chapter handles with collisional...
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Legal regulation of international trade in military material and civilian weapons
Matocha, Jakub ; Pauknerová, Monika (advisor) ; Ondřej, Jan (referee) ; Dolanská Bányaiová, Lucie (referee)
Legal regulation of international trade in military material and civilian weapons The thesis focuses on the comparison of regulations governing international trade with weapons of military and non-military character. The area under consideration is, given the character of the commodity traded, a specific area of international trade in which there are a number of legal norms regulating this area. The analysis and comparison of the legal standards in question is based on international, European and national legislation, with an emphasis on internal interconnection of individual legal norms in order to better understanding and relevance to the international arms trade. The thesis consists of several chapters that are thematically related. The first chapter deals with the theoretical definition of international arms trade with a focus on private international law. Particular attention is paid to the international purchase agreement and international transport agreements that will be applied in the course of the implementation of the arms trade. The second chapter focuses on defining the term "weapon" and its definition in the most important international conventions dealing with weapons. Attention is focused on distinguishing military weapons and weapons for civilian purposes. The next, third to fifth chapters...
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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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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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