|
|
Rules of conflict of laws applicable to contractual obligations in the USA
Němečková, Pavla ; Bříza, Petr (advisor) ; Zavadilová, Marta (referee)
Conflict of laws in contracts in the USA Abstract This thesis is focused on Conflict of Laws in the area of contractual relationship in the United States of America. Selected issues are being compared with law of the European Union. The First Chapter elaborates on the specific issues in Conflict of Laws, which are typical for the USA. These are mainly caused by the fact that within the USA, two separate legal systems operate on different levels - state and federal law. These specific issues also include the so- called idea of law-market or forum-shopping. Then I briefly summarize the history of American Conflict of Laws and describe the approaches that bear importance for the development of Conflict of Laws. The Second Chapter is focused on party autonomy in choice of law, its permissibility and limitations. Having used recent case law, I outline the approach to autonomous choice of law in certain types of contracts. The end of Chapter Two is about autonomous choice of law under the Uniform Commercial Code, which harmonizes the area of commercial law and which has been accepted in all American states. The Third Chapter deals with the absence of choice of law and finding the applicable law. I described the most widely used method under the Second Restatement, then the method under First Restatement and also...
|
|
|
New technologies and private international law
Nekvasilová, Adéla ; Bříza, Petr (advisor) ; Pauknerová, Monika (referee)
New technologies and private international law Abstract This thesis aims to explore the impact of new technologies on the field of private international law. In particular, it analyses the different legal areas that have been affected by digitalization and the challenges that arise as a result of this process in terms of how to regulate the issue from a legal perspective. The aim of the thesis is to analyse the existing legal framework with a focus on EU legislation and to assess its application to legal actions arising in the digital environment. The thesis also deals with the legal regulation of international trade and distributed ledger technology (blockchain) and its aspects in relation to private international law. Last but not least, the thesis analyses the development of the case law of the CJEU on the issue. The thesis discusses the principles of personality and territoriality in relation to the online environment and different perspectives on the grasp of this principle and the possibilities to locate legal actions on the Internet. The reader will be introduced to the case law of the CJEU, which over the years has dealt with the interpretation of each of the key institutes and their relevance in the online environment. However, the work also includes various divergent views of experts and theorists...
|
|
|
International contract of sale
Matějka, Tomáš ; Pauknerová, Monika (advisor) ; Bříza, Petr (referee)
International Contract of Sale Abstract The international contract of sale is the basic instrument through which international trade takes place. However, due to its international nature, there is a lot of uncertainty associated with concluding and fulfilling obligations under an international contract of sale. This uncertainty may arise particularly from the fact that the parties to an international contract of sale do not know which law is to govern the agreement and which law will therefore be applicable to it. This thesis deals with the issues of the applicable law of the international contract of sale. Firstly, attention is paid to the general methods according to which the applicable law for the international contract of sale is determined. These are the collision method and the direct method. Subsequently, the sources of law that are important in terms of these methods in the environment of the Czech Republic are analyzed. The main part of the thesis is devoted to the collision legislation contained in the Rome I Regulation, which is the most important source of law that regulates this issue within the European Union. Relevant international conventions concluded between the Czech Republic and some third countries as well as the Private International Law Act are also analyzed. From the sources of law,...
|
|
|
Current issues of international carriage by air
Kalašnikovová, Anna ; Pauknerová, Monika (advisor) ; Bříza, Petr (referee)
1 Current issues of international carriage by air Abstract The topic of this diploma thesis is Current issues of international carriage by air. Certainly, many interesting legal topics could be found within this theme, however the author chose to focus specifically on the concrete issue of air carrier liability for passenger injuries pursuant to Article 17 of Warsaw Convention and Article 17 (1) of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air. The thesis is divided into four chapters. The first chapter presents the legal framework for the regulation of international private aviation law. The individual legal sources of the Warsaw System and the Montreal Convention, their scope and relations between these sources and the law of the European Union are presented. The second chapter deals in general with the liability of the air carrier under the Warsaw and Montreal Conventions. It defines the types of air carrier's liability covered by these conventions, the limits of air carrier's liability and the procedural aspects of the recovery of claims under the Warsaw and Montreal Conventions. In the third chapter, the author writes about the air carrier's liability for passenger injuries under the Warsaw and Montreal Convention, with a focus on defining the key terms...
|
|
|
Substantive law applicable to arbitration clause and other rights in international commercial arbitration
Liška, Dominik ; Bříza, Petr (advisor) ; Růžička, Květoslav (referee)
Law Governing the Arbitration Agreement and Other Laws in International Commercial Arbitration Abstract The thesis aspires to create a structured overview of the four legal systems that are applicable in the international commercial arbitration. Namely (i) the substantive law of the contract - lex contractus; (ii) the "procedural" law of the arbitration agreement - lex arbitri; (iii) procedural rules agreed between the parties either ad hoc or by reference to institutional arbitration rules; and (iv) the substantive law of the arbitration agreement also called the law governing the arbitration agreement. In pursuing its aims, the thesis focuses on interaction between each of these legal systems as well as on the questions, that has not yet been settled. Each chapter further analyses different approaches to determine applicable law in the absence of a choice made by the parties. Such an analysis is important to properly understand the methods used in determining the law governing the arbitration agreement, because they are interconnected. On the basis of the overview presented in first chapters, the thesis focuses on detailed inquiry of the law governing the arbitration agreement, whose scope and applicable choice of law is still a matter of discussion. Therefore, the fifth chapter plays a central role in...
|
|
|
Enforcement and Recognition of Foreign Arbitral Awards
Větrovská, Karolína ; Bříza, Petr (advisor) ; Zavadilová, Marta (referee)
Enforcement and Recognition of Foreign Arbitral Awards Abstract This thesis focuses on the issue of recognition and enforcement of foreign arbitral awards. The aim of the thesis is in particular the analysis of sources of law related to the recognition and enforcement of foreign arbitral awards and the related issue of denial of recognition and enforcement of foreign arbitral awards, in particular the NY Convention and the Private International Law Act. The author of the thesis uses mainly the comparative method and the descriptive method in order to achieve her objective. The thesis is divided into five chapters. In the introduction, the author of the thesis introduces the reader to the issues, methodology and systematics of this thesis. Within the next chapter, the author of the thesis introduces the reader to the terminology of arbitration, introduces the concepts of arbitration and the basic attributes of arbitration. Subsequently, the author of the thesis describes the institutes of recognition and enforcement of foreign arbitral awards, explains the different approaches of different sources of law, as well as the approaches of some states. The conclusion of the thesis provides the reader with answers to the research questions. The research questions, i.e. "is the domestic approach to the recognition...
|
|
|
International insolvency law
Vrtek, Kryštof ; Brodec, Jan (advisor) ; Bříza, Petr (referee)
International Insolvency Law An expansion of globalization caused a raise of amount of cross-border insolvencies. Consequently, an importance of the internatinal insolvency law, a sector of private international law, raised significantly. Owing to the breadth of the topic, the author had no ambition to provide a complex analysis of the international insolvency law. Besides the general introduction to the international insolvency law, this thesis deals with a chosen issues of the international insolvency law, especially with those related to COMI (Centre of Main Interests), the connecting factor in the Regulation No. 2015/848 of the European Parliament and the Council (EU) on Insolvency Proceedings ("Insolvency Regulation"), but also one of the means used in the UNCITRAL Model Law on Cross-Border Insolvency. Owing the possible length of this thesis, the author concentrates on COMI regarding the area of the European insolvency law. Firstly, this thesis provides an analysis of theoretical approaches related to the international insolvency law, describing their advantages and disadvantages and the possibility of their application in a current world. After that, this thesis deals with the currently applicable regulation in EU - to the Insolvency Regulation - specifically with its historical development,...
|
|
|
Applicability of the United Nations Convention on Contracts for the International Sale of Goods focusing on licence agreements and software
Rýdl, Jiří ; Bříza, Petr (advisor) ; Pauknerová, Monika (referee)
Applicability of the United Nations Convention on Contracts for the International Sale of Goods focusing on licence agreements and software Abstract The first three chapters deal with the requirements of applicability of the United Nations Convention on Contracts for the International Sale of Goods ("Vienna Convention"). The general aim is to describe the requirements, to identify the interpretative problems associated with this area and to critically evaluate the different doctrinal and case-law approaches to these problems. The individual chapters deal successively with the positive definition of the scope of the Vienna Convention, the negative definition of its scope, and finally with the possibilities for the contracting parties to influence the application of the Vienna Convention. In particular, attention is paid in this part to the definition of the terms that are central to the assessment of applicability of the Vienna Convention yet are not defined by the Vienna Convention itself. These are primarily the concepts of goods and contracts of sale contained in Article 1 of the Vienna Convention or the concepts of the substantial part of the materials necessary for production, and the preponderant part of the obligations, which are used in Article 3 of the Vienna Convention. Closer attention is also...
|
|
|
Current Issues in International Air Transport
Vavera, Martin ; Pauknerová, Monika (advisor) ; Bříza, Petr (referee)
Title of thesis: Current Issues in International Air Transport Abstract: Regulation (EC) No 261/2004 of the European Parliament and of the Council aims to provide adequate protection to passengers using air transport in the event that a flight for which they have purchased a ticket does not take place in full compliance with the contract of carriage. As a result of the case-law of the Court of Justice of the European Union, the level of protection of passengers is constantly being extended, a trend that is generally welcomed in the literature. This thesis offers a view from the other party of the contract of carriage and uses examples from case law to demonstrate the practical problems that the Court's interpretation brings with it. In addition to analysing the CJEU's decisions, this thesis highlights the potential pitfalls of two aspects of passengers' claims under Regulation 261 against air carriers. The first is the identification of the person who is entitled to call upon the air carrier to fulfil its obligations under Regulation 261, in particular to pay compensation for a delayed or cancelled flight. The second aspect is the question of the limitation period for such claims and the consequences of their late assertion by the air carrier. This thesis was written at a time when the entire civil aviation...
|
|
|
Current issues in International Carriage by Air
Jandík, Jakub ; Pauknerová, Monika (advisor) ; Bříza, Petr (referee)
Current issues in International Carriage by Air Abstract The thesis deals with selected topical issues that may arise in today's international civil air transport in the context of the global pandemic of the COVID-19 disease from the perspective of private international law. The first chapter deals with the history and relevant sources of legal regulation of international civil air transport and their interrelationship. The second chapter addresses the legal status of COVID-19 in the contractual relations of international carriage by air and mentions various past and present initiatives to combat the pandemic by selected states and the International Civil Aviation Organization. The third chapter deals with the theoretical concept of the issue of air carrier liability for damage resulting from the infection of a passenger with COVID-19. It seeks to do so by interpreting and analyzing the relevant terms and, at the same time, the applicable foreign case law and literature. The fourth chapter focuses on the jurisdictional rules in disputes over such damages and compares the current differences in the interpretation and application of these rules by the US and European judiciaries. Keywords: COVID-19, Air carrier's liability, Jurisdiction
|
guest ::
RSS feed.