National Repository of Grey Literature 377 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Companies and their mobility in the European context
Belloňová, Pavla ; Pauknerová, Monika (advisor)
With regard to the gradual economic globalisation markets of States become more and more interconnected, especially so in the European Union which aims to create a single internal market without internal borders and barriers to the free movement of goods, persons, services and capital. Naturally, it influences behaviour of economic participants on the market. With increase of competition it is necessary to be more innovative, active and to search for new opportunities for expansion not only in one's own State but also abroad which entails entering into relations with foreign entities. In the course of time it might be useful or even necessary to relocate the place of business. Such need might not and, indeed, does not concern only natural person but also legal entities such as companies. However, the status of companies in cross-border relations has some specific features in comparison to the status of natural persons. A company is only an artificial product of law, a mere legal fiction, and therefore, its existence is much more closely linked with a specific legal order. A company has legal personality only insofar as some legal order acknowledges it. Different approaches how to link a company to a certain State have been evolved in different States - either the connecting factor is the statutory...
International trade in pharmaceuticals
Šmíd, Jindřich ; Pauknerová, Monika (referee)
International trade in pharmaceuticals Abstract The purpose of this thesis is to provide an analysis of the human pharmaceuticals international trade. This work examines the general questions of the diagonal relationships between states and private foreign pharmaceutical companies because there are a lot of many specific problems too. The author also focuses on questions concerning the contractual relationships of many stakeholders. There are many opportunities to beginning new directions in research innovative medicines and personalized medicine, but there are dangerous situations for the generic pharmaceutical market. Only a comprehensive knowledge and understanding of these relationships are efficient to develop new pathways to solving problems. The hypothesis of this dissertation text is the concept of efficiency good relationships to the stable distribution of the pharmaceutical products. There are many aspects of the relationships between stakeholders with possibility influencing of the final benefit from the business. Problems result from different interest, strength or weakness of stakeholders. In essence speaking, this thesis is divided into three parts. At first, with regard to our membership in the European Union, it was necessary to make the analysis some legislation of the European Union which...
Passing of Risk in International Sale Contract under CISG
Dimitrov, Pavel ; Pauknerová, Monika (referee)
PŘECHOD NEBEZPEČÍ DLE ÚMLUVY OSN O SMLOUVÁCH O MEZINÁRODNÍ KOUPI ZBOŽÍ 5 Abstract This thesis is focused on passing of risk of accidental loss and destruction of goods during international sale. The main objective is to fulfil the hypothesis concerning the the regulation of passing of risk in two main sources of its regulation, the Incoterms clauses and the UN Convention on the International Sale of Goods, so called the Vienna Convention, and their mutual relationship in the regulation of this institute. Thesis also contains an analysis of the term danger and its various types. The second part is focused on the revision of Incoterms 2020, comparison of the passing of risk under Incoterms and the Vienna Convention, their similarities and differences and the possibility of their interaction.
Treatment of personal status in jurisdictions of selected Arab states
Kopecký, Robert ; Kropáček, Luboš (advisor) ; Veselý, Rudolf (referee) ; Pauknerová, Monika (referee)
In my dissertation thesis I tried to explicate the fundamental institutes of Islamic family law, according to modern and contemporary legislation in a number of Arab states. The family law is fairly exhaustively treated in the sacred book of Muslims, in Koran, albeit in a number of scattered passages, mostly in suras from Medinese period. These passages are defined with more precision by the prestigeous method of the interpretation of Koran, with so called taj<ir and thanks to collected statements of the Prophet Muhammad and his companions, constituting the tradition, so called swma. And the modern and contemporary legislation is based rigid on it with some westernized elements. After a brief acquaintance comprehension of the personal statute in contemporary Near Eastern countries is described in detail. The next chapter contains the description of the sense of marriage in Islamic law in three aspects- legal, social and religious. It is a contract of civil law concluded by the bridegroom with the legal guardian of the bride, so called wali.After this I continue through the short characterization of conditions of the conclusion of the marriage, for example form and capacity, limitations to marry any person of the opposite sex, special time period cidda ... The following part of thesis describes dissolution...
The Principle of Mutual Recognition of Decisions in European Union Countries
Kozárek, Tomáš ; Pauknerová, Monika (referee)
The thesis deals with the matter of the principle of mutual recognition, which is used as a tool in the recognition of judgements between EU Member States. Three main aims in the framework of research based on this topic were set:  Clarification of the development and functioning of the principle of mutual recognition of judgements in EU countries as a demonstration of mutual trust between EU Member States in fair decision-making of their courts including possibilities how to refuse recognition of judgement.  Analysis of a possibility to refuse recognition of judgement, in particular on the basis of public policy reservation under the EU law including cases, where public policy reservation cannot be applied, however effects of such recognized judgement would be unacceptable for the state of recognition.  Analysis of effort to reduce possible obstacles in the process of recognition of judgements in EU countries in connection with the guarantee of fair trial and adherence to human rights and the rule of law. In connection with these aims, the thesis contains an attempt to clarify, whether the system of recognition and enforcement of judgements between the EU Member States provides an opportunity to refuse recognition of judgement for states that would consider such a judgement as inequitable. This...
Conflicts of jurisdiction in international procedural law (on example of cross-border divorces)
Janečková, Pavlína ; Pauknerová, Monika (referee)
The dissertation thesis deals with jurisdictional conflicts in private international law (procedural), by positive conflicts when two or more courts of different states consider that they are competent to hear and decide on case of litigation, and by negative conflicts of jurisdiction when all courts consider, on the contrary, that they are not competent to decide. Jurisdictional conflicts are examined in terms of international divorce of marriage, in this thesis. We deal with their causes, consequences and possible solutions at national, EU and international level.
Online B2C contracts and international procedural law
Kundrátová, Jana ; Pauknerová, Monika (referee)
Online B2C contracts and international procedural law Abstract The purpose of this rigorous thesis is to analyse the specificities of concluding online B2C contracts with a weaker party under the Regulation Brussels I recast. It seeks to answer the question of whether there is a compromise between broader consumer protection and the least possible burden on businesses (especially small and medium-sized enterprises in e-commerce) and the European single market and the EU economy. This thesis sets out the following hypothesis: "Consumer protection demonstrates support for the EU's digital single market." The work is segmented into three parts - general part, special part and de lege ferenda. The first part addresses general issues and defines general terms such as of Internet, e- commerce, international procedural law, weaker party, consumer, jurisdiction or domicile and other related terms and their specifics, especially in the presence of an international dimension. Subsequently, the relevant legislation affecting this issue at the national, Union and international levels is discussed. The core of the thesis is the second part, where the individual articles of the regulation Brussels I recast are analyzed in detail with regard to online B2C contracts. The first chapter of this part deals with the structure...
Insolvency of business corporations in the context of European Union and United States law
Šerák, Martin ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Brodec, Jan (referee)
v anglickém jazyce Despite the market relevance and cross-border operations of numerous credit and other financial institutions, the recent global financial crisis has clearly demonstrated that even the most significant conglomerates of the financial sector are not safe from the threat insolvency. Given cross-border activities of these institutions, any resolution of their market failure requires a comprehensive approach, inevitably facing also complexities arising from the presence of an international element. In this regard, this work examines persisting pitfalls pertaining to determination of international jurisdiction and applicable law, considering specific principles that govern current regulation of international insolvencies of credit institutions in conjunction with fundamental principles of universality and territoriality. With reference to existing case law, it is shown that despite the dogmatic dominance of the universality principle, the international solution of the insolvency of credit institutions still clashes with significant territorialism tendencies. Given the unique position of credit institutions and their systemic importance for financial stability, their resolution has traditionally been entrusted to supervisory authorities with competence. As a result, credit institutions...
Conflicts of jurisdiction in international procedural law (on example of cross-border divorces)
Janečková, Pavlína ; Pauknerová, Monika (referee)
The dissertation thesis deals with jurisdictional conflicts in private international law (procedural), by positive conflicts when two or more courts of different states consider that they are competent to hear and decide on case of litigation, and by negative conflicts of jurisdiction when all courts consider, on the contrary, that they are not competent to decide. Jurisdictional conflicts are examined in terms of international divorce of marriage, in this thesis. We deal with their causes, consequences and possible solutions at national, EU and international level.
General Average, its origin and development within the context of seamanship and navigation
Vostárek, David ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
General Average, its origin and development within the context of seamanship and navigation Abstract Rigorous thesis focuses on General Average and above all, putting its origin and evolution to context of legal history and theory, understanding its elements both from Seamanship and Law point of view, and/or procedures of navigations participants. The thesis also evaluates probable circumstances of General Average emergence and development from perspective of International Private Law. Thesis analyses conditions and circumstances of General Average historical emergence, interpolates relevant and essential facts involving it. Furthermore the thesis puts to context essential issues of international law, court procedures, jurisdiction, methods and measures implementing objects of legislator. Recent czech codification is theoretically analysed and relation to Austro-Hungarian body of Laws is represented. Sea Laws, Digesta, Ordinamenta and other codifications are collated.

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1 Pauknerová, Márie
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