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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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Institutional international commercial arbitration
Řezníček, David ; Růžička, Květoslav (advisor) ; Kunz, Oto (referee) ; Ondřej, Jan (referee)
The subject of this thesis is Institutional International Commercial Arbitration. This thesis describes the fields of arbitration in international trade, especially the status of arbitration in international trade, qualifications of the arbitrators, the arbitration clause and the course of international arbitration. They are included changes to the Arbitration Rules of the major international arbitral institutions. Further, this thesis concentrates on questions relating applicable law in international commercial arbitration, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards - the "New York" Convention and the UNCITRAL Model Law on International Commercial Arbitration.
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Legal framework of international trade disputes resolution in the Czech republic and in France
Fuchsová, Michaela ; Pauknerová, Monika (advisor) ; Ondřej, Jan (referee) ; Kunz, Oto (referee)
LEGAL FRAMEWORK OF INTERNATIONAL TRADE DISPUTES RESOLUTION IN THE CZECH REPUBLIC AND IN FRANCE Comparative study of legal regulation in the Czech Republic and in France with emphasis on point of view of extent and limits of parties' autonomous will within dispute resolution ABSTRACT In relation to an important and continuously increasing growth of international trade and economic cooperation, a logic and proportionally increasing fact occurs, namely the existence and necessity of resolution of disputes arising out of such cooperation and business relationships. This dissertation focuses on specific area of such relations - on solution of property disputes in international trade and business relations arising out on private law basis between entrepreneurs and which affect in any manner the territories, more precisely the jurisdictions and the legal orders of two particular states, and that of France and the Czech Republic. The aim of the dissertation is to examine the extent of autonomous will, which the parties may assert within various methods of disputes resolution and to notify of its limits set by the respective legal regulation. Considering namely the main criteria of examination - i.e. the extent and limits of autonomous will of the parties within the dispute resolution - the author concentrates more...
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International law aspects of tort liability on the internet
Vondřich, Lukáš ; Pauknerová, Monika (advisor) ; Poláček, Bohumil (referee) ; Kunz, Oto (referee)
The technological development of recent years has brought not only new forms of electronic communication and social phenomena, but also a number of legal questions. As the internet creates a parallel cyberspace, a number of traditional legal rules have been called into question, including the rules for determination of court jurisdiction and governing law. This area is discussed in this dissertation thesis. The goal of this thesis is to identify problematic moments of interpretation and application of existing rules of private international law in the context of cross- border delicts on the internet and to find suitable solutions if they exist. Regarding methodology, this thesis uses the analytical approach, in particular in relation to case law and legal regulations. It is complemented by the comparative method, regarding evolution in time and regarding various legal cultures. The first chapter deals with the phenomena of digital information, the internet and the related philosophical or social areas, such as virtuality or cyberspace. The second chapter deals with legal regulation of the internet, censorship and the special position of certain providers of information services. In the third chapter there are defined the concepts of delict and delictual liability, with emphasis of this institute in...
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A comparative view on conflict of laws in contractual relationships
Chvosta, Luděk ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Poláček, Bohumil (referee)
The dissertation, while incorporating and building upon previous work of the author, aims to analyze in greater detail (both from an historic perspective and from a viewpoint of current trends and associated theories) the ever-repeating discrepancy between choice- of-law regulation of contractual relationships in the Czech Republic (or the European Union) on the one hand and the Common Law legal culture (especially the United States) on the other. Recent scholarly articles are also critiqued. The following major Common Law related tenants are extrapolated from a relatively extensive background of materials: (i) Conflict of Laws in the United States constitutes an interstate system as opposed to an international system utilized by European law. Duet he federal structure of the United States and the volume of interstate trade (trade between the various states of the United States) American Conflict of Laws retains a domestic character, (ii) Conflict of Laws is not governed on a federal level and the Supreme Court of the United States has repeatedly ruled that when a federal Choice of Law clause is warranted the state-level counterpart shall be used instead analogously, (iii) due to the aforementioned domestic characteristics and case law of the Supreme Court of the United States American Conflict of...
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Institutional international commercial arbitration
Řezníček, David ; Růžička, Květoslav (advisor) ; Kunz, Oto (referee) ; Ondřej, Jan (referee)
The subject of this thesis is Institutional International Commercial Arbitration. This thesis describes the fields of arbitration in international trade, especially the status of arbitration in international trade, qualifications of the arbitrators, the arbitration clause and the course of international arbitration. They are included changes to the Arbitration Rules of the major international arbitral institutions. Further, this thesis concentrates on questions relating applicable law in international commercial arbitration, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards - the "New York" Convention and the UNCITRAL Model Law on International Commercial Arbitration.
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International sales contract and perspectives of its legal regulation
Koričanská, Marie ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Ondřej, Jan (referee)
The international sales contract is one of the most important and frequently used legal instruments in the area of international business relations. Despite its functional stability, it is subject of continuous interest of legal theory and practice through which the questions related to its legal regulation are tackled. Therefore, this thesis deals with international sales contract and the perspective of its legal regulation. Particularly, the aim of this thesis is to answer the question on how the regulation of international sales contract is developing with regard to the national and supranational law, especially the Act on international private law, the Vienna convention, the Rome I regulation and the CESL (Common European Sales Law). The thesis considers this question both from the entrepreneurs' and customers' point of view. Besides the general theoretical aspects of the international sales contract, the thesis also focuses on particular legal acts containing the most relevant regulation of international sales contract and the structure and framework of the thesis corresponds with this focus. The thesis is divided into five chapters, which are preceded by the introduction and followed by the conclusion. The core of the thesis is in chapter five, which analyzes partial aspects of current...
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