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European private international law - the unification of the conflict of law rules
Laurincová, Lucia ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
European Private International Law- Unification of Conflict Rules Abstract The purpose of my thesis has been to analyze the part of European Private International Law concerning the unification of conflict rules in private sphere. I argue for the importance of the issue to be dealt with at European level, since the national conflict rules often greatly differ and thus the relationships of mobile citizens with a transnational element of any kind occurring more often ought to be uniformed so that the appropriate level of legal certainty is achieved and the results of such relationships are foreseeable at least to the point that one would know which law to apply and govern the situation. The first chapters look at the topic of private international law in general, followed by the introduction of European Private international law, mentioning the relevant changes brought by the Lisbon Treaty, and discussing the importance of unification of conflict rules, for which regulations as proper legal instruments are used. Subsequently, I analyze the regulations themselves, starting with examining the so called regulation Rome I on the law applicable to contractual obligations, followed by exploring the regulation Rome II on the law applicable to non-contractual obligations, whereas these two are the base conflict rules...
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Corporate Mobility within the European Union
Laurincová, Lucia ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This thesis deals with the mobility of companies within the European Union and the actual scope of freedom of establishment. The aim of this thesis is to analyze the possibilities of conducting business with cross-border element taking into account the developments in this area with a special focus on options to transfer the seat in the light of the milestone judgments of the Court of Justice. European law also offers an opportunity for conducting business using European entities, which shall reflect the needs of cross-border activities. The present state is moreover evaluated with respect to the currently proposed legislation.
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European private international law - the unification of the conflict of law rules
Laurincová, Lucia ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
European Private International Law- Unification of Conflict Rules Abstract The purpose of my thesis has been to analyze the part of European Private International Law concerning the unification of conflict rules in private sphere. I argue for the importance of the issue to be dealt with at European level, since the national conflict rules often greatly differ and thus the relationships of mobile citizens with a transnational element of any kind occurring more often ought to be uniformed so that the appropriate level of legal certainty is achieved and the results of such relationships are foreseeable at least to the point that one would know which law to apply and govern the situation. The first chapters look at the topic of private international law in general, followed by the introduction of European Private international law, mentioning the relevant changes brought by the Lisbon Treaty, and discussing the importance of unification of conflict rules, for which regulations as proper legal instruments are used. Subsequently, I analyze the regulations themselves, starting with examining the so called regulation Rome I on the law applicable to contractual obligations, followed by exploring the regulation Rome II on the law applicable to non-contractual obligations, whereas these two are the base conflict rules...
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