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Private international law from a comparative perspective (comparison of a particular segment in Czech law and the law of a selected country)
Pračková, Naďa ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Private international law from a comparative perspective (comparison of a particular segment in Czech law and the law of a selected country) The aim of this thesis is to compare the provisions of the Czech and Italian private international law respective to the issue of applicable law and recognition of trusts. The thesis is composed of six main chapters, introduction and conclusion. Second chapter refers to the historical concept of trusts with particular focus on the historical development in Czech legal system. Third chapter is focused on the notion of trust within the terms of the Act no. 89/2012 Coll., Civil Code and the Hague Convention on the Law Applicable to Trusts and on their Recognition as well as its unique implementation allowing creation of specific Italian trusts, so-called trusts interni. Fourth and fifth chapter are dedicated to the complex analysis of provisions of the Act no. 91/2012 Sb., on Private International Law and the Hague Convention, in particularly extent of the application, the choice of law, applicable law, change of law, depeçage, and recognition of trusts. European legislation overview and possible grounds for further development are described in the sixth chapter. Seventh chapter describes practical aspects of the applicable law and recognition of trusts.
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The Determination of Governing Law in the Absence of Choice in Selected Obligations in the Czech Republic and in the United States
Chvosta, Ondřej ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
rigorózní práce v anglickém jazyce: This thesis compares the determination of governing law in selected obligations in the Czech Republic and in the United States. This comparison is made against the background of two principles: legal certainty (typical for the Czech Republic) and Equity (typical for the United States). Chapter one discusses the different approaches to private international law in the two countries, and discusses the relationship between Equity and Legal Certainty. Chapter one also discusses the applicable sources of law. Chapter two compares the different approaches to choice of law in contractual obligations. The choice-of-law rules of relevant Czech and European statutes are analyzed in detail. Furthermore, the American approaches to choice of law are introduced and examined, namely: the First Restatement approach, Currie's Interest Analysis, the Second Restatement approach, the Better Law Approach, and the Significant Contacts Approach. Chapter three is analogical to chapter two, but it focuses on non-contractual obligations (Torts). The focus of this chapter is EU Regulation Rome II and the particularities of the First and Second Restatements and Currie's Interest Analysis when applied to torts. The conclusion summarizes the author's main ideas and opinions.
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Companies in private international law
Flutka, David ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
COMPANIES IN PRIVATE INTERNATIONAL LAW - ABSTRACT The aim of this thesis is to familiarize the reader with the regulation of companies in private international law, with special regards to status of the company. The topic is mainly overtaken by the conflict between the incorporation principle and real seat principle. This conflict is reflected in the legal regulation of companies in private international law on both national law level and European law level. It is also connected to the question of competition between legal systems, which the thesis also deals with. Considering the globalizing world we live in and in which the perpetual need to reduce costs plays more and more important role, the topic is highly current. The thesis is divided into 7 chapters. The introductory chapter introduces the topic and points out the objectives of the thesis. The second chapter explains the basic concepts it is going to work with, namely the concept of a company and private international law (conflict of laws). The following chapter discusses the question of status of the company. It explains the definition of status of the company and afterwards describes the individual theories of determining it, i.e. incorporation theory, real seat theory and a few other rarely used theories. In the fourth chapter, the author pays...
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Private international law in a comparative perspective: the determination of governing law for non-contractual relations in the law of the CR and the USA
Kadlecová, Kristýna ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
1 English Summary The aim of this thesis is to compare the determination of law applicable to non- contractual obligations in the Czech Republic and the United States of America. In the beginning I provide a brief overview of the international private law in general and then the substantial law of torts in both Czech Republic and the USA and the prospective changes in the new Civil Code which should be applicapble from 2014. The fifth chapter concerns with the law applicable to non-contractual obligations in the Czech Republic. In the first place there is a statute (Private International Law Act), but the majority of its provisions were overruled by the Rome II regulation, which unifies the privite international law of the EU states. According to the regulation, general rule for the law applicable to non-contractual obligation arising out of torts is lex loci delicti (the law of the country in which the dammage occurs). Rome II then provides special rules for product liability, unfair competition, environmental dammage, etc. In the Czech Republic the regulation does not apply to traffic accidents because the Czech Republic is a contracting state to Hague Convention on the Law Applicable to Traffic Accidents. The sixth chapter focuses on the law applicable to torts in the USA. The first subchapter deals with...
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Future of the European Private International Law
Johnová, Gabriela ; Trávníčková, Zuzana (advisor) ; Grmelová, Nicole (referee)
The European international private law has undergone a dynamic development during the last twenty years. It can be assumed that this development will continue con-sidering the increasing need for dealing with the legal relations involving a cross-border element, which arise thanks to the exercise of the freedom of movement of goods, capital, services, and people in the frame of the European Union. The experts in international private law discuss the directions of its future development. Should it continue the same or similar direction as until now, i.e. the unification of individual in-struments and conclusion of international agreements (limited with the EU competen-ces), or should it take the direction of a comprehensive codification of the European conflict of laws? The last considered direction is the adoption of a comprehensive common code on private law, i.e. a code of the private substantive law rules. Neverthe-less, this possibility deals with the diversity of the law cultures and the law orders among the EU member states.
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