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The Limits of the Applicable Law of Obligations
Šidla, Pavel ; Růžička, Květoslav (advisor) ; Kučera, Zdeněk (referee)
This thesis discusses the limits of statute of contractual obligations solely from the perspective of conflict of law rules. It is based primarily on the analysis of national conflict of law rules contained in Act No. 97/1963 Coll., On International Private and Procedural Law and Act No. 91/2012 Coll., On Private International Law. There are also analyzed relevant standards of the European Parliament and Council Regulation (EC) No. 593/2008 on the law applicable to contractual obligations (Rome I) and conflict of law rules in the German Initial Act to the Civil Code, as well as in the Swiss Act on Private International Law. Powered by TCPDF (www.tcpdf.org)
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Methods of Investment in International Private Law
Štaňko, Andrej ; Pauknerová, Monika (advisor) ; Balaš, Vladimír (referee) ; Poláček, Bohumil (referee)
Methods of Investment in International Private Law Dissertation thesis is structured into 9 Sections. First section deals with reasons why entrepreneurs use international holdings: regulative, questions of taxation and legal system reasons. Second section describes legal sources applicable for the analyzed issues. Third section summarizes some of the risks relating to use of international holding companies, namely risk of breaching the criminal law or circumventing other legal rules. Apart from legal risks, there are economic risks to be mitigated. The risks mentioned are systematic risk (e.g., bankruptcy of the state) and personal risk relating to the foreign managers (incompetency, fraud). Fifth section deals with typical transactions in the group of companies relating to financing by banks and bods issuance. Briefly analyzed are also acquisition structures and whitewash procedure. Sixth and seventh section describe tax burdens in the Czech republic, Cyprus, Seychelles, Mauritius and number of other countries. Analysis of the jurisdictions in nine countries as to the recognition and enforcement of foreign judicial decisions is provided in the section eight. The dissertation thesis is concluded with description of the civil law applicable after the so called recodification planned in the Czech...
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The Institution of the Expert Witness in International Private Law
Eichinger, Lukáš ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
8 Resumé If we sum up the findings from the stipulated thesis, then it can be stated that current European legislation does not regulate the field of expertise in a uniform manner. In the Czech Republic, the activity of the expert witness is regulated for in the Act on Expert Witnesses and Interpreters as amended by the implementing decree of the Ministry of Justice for implementation of the Act on Expert Witnesses and Interpreters and Organisational instruction of the Minister of Justice, which regulates procedure on handling of applications for registration in the list of institutions qualified to perform the activity of an expert witness. The purpose of this regulation is to ensure due performance of the activity of expert witnesses in proceedings held with public authorities, as well as the activity of expert witnesses performed in accordance with the legal acts of natural persons and corporate entities. Regulation is provided for the conditions for performance of the activity of expert witnesses, the rights and obligations of expert witnesses, conditions for the activity of institutions providing expert witness services, the competence of the Ministry of Justice and regional courts whilst performing state administration of expert witness services and liability for administrative offences whilst...
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Regulation of the International Private Law within the EU with a Special Focus on the Area of Labour Law
Kadlecová, Tereza ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Poláček, Bohumil (referee)
The dissertation thesis deals with the regulation of the private international law matters within EU law focusing on the area of labour law.1 The thesis is divided into four basic parts, its centrepiece being parts II and III, which are devoted to relevant general issues related to the regulation of international private law within EU law and/or to the specific legal instruments adopted in this area. Part I is an introduction of the topic, while part IV brings a résumé and a summary of findings and conclusions made throughout the thesis. First of all, the introductory part brings about a justification as to why it was European private international law and/or its part concerning labour law relationships that became the subject matter of the thesis. Emphasis is placed upon the purpose of this legal regulation, its basic features as well as its practical importance. Also, the author explains her motivation to address the concerned topic (consisting in a quite unusual interconnection of international private law and labour law), brings about a justification as for the chosen approach to the topic and outlines the systemization of her thesis. Part II of the thesis, which is devoted primarily to some selected general issues of the legal regulation of European private international law, is divided into...
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Companies in private international law - piercing the corporate veil
Lokajíček, Jan ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The thesis is divided into two parts. The first part deals with the companies in the field of the international private law. After the introduction and general remarks on the topic it proceeds to the recognition of foreign companies in the law of the Czech Republic. Subsequently, personal statute of such companies and its determination is discussed. Next the first part of the thesis focuses on the conditions under which foreign companies can run their business in the Czech Republic. Lastly, the possibility of cross-boarder movement of the companies' seats into and out of the Czech Republic is analysed. The first part of this work takes into the consideration not only the Czech law but also the law of European Union and the relevant case law of the European Court of Justice. The second part of this work deals with doctrine called piercing the corporate veil, which was established in the common law area. It analyses grounds leading to the posibility of aplication of this doctrine in common law area and in German law. The work examines cases of single companies as well as of companies being part of a group of companies. After the analysis of grounds leading to the posibility of use of the piercing the corporate veil follows their generalisation and synthesis. The conclusion of the work is dedicated to...
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Conflict of laws issues arising in connection with securing, changes and consequences of breach of obligations
Bohorodčaner, Pavel ; Kučera, Zdeněk (advisor) ; Dobiáš, Petr (referee)
This work deals with securing, changes and consequences of breach of obligations from the view of conflict of laws. It is based on a comparative method - conflict of laws rules contained in Act No. 97/1963 Sb., international civil and procedural law act, as amended are compared with Convention on the law applicable to contractual obligations opened for signatures in Rome in 1980 and the Regulation No. 593/2008 on the law applicable to contractual obligations. In several parts of this work, the legal regulation of the laws of Russia, Switzerland, England and Austria is reflected.
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Right of establishment in international private law
Štaňko, Andrej ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Right of establishment in International Private Law Private companies act in the international context more intensively than any time before. There are many ways how to act on the international market. One solution is to establish a branch or a representation office instead of establishing a brand new company. The right to act in the international context using branch companies and transfer of seat is known as the freedom of establishment. The thesis covers main issues concerning the freedom of establishment and also discusses the case law issued by the Court of Justice of the European Union. The comparative view of the seat and incorporation principles is used in the thesis. With a greater detail to the Czech law, the issue of the foreign companies' recognition is discussed. The Czech law recognizes foreign companies even in the form in which it is no longer possible to establish new company in the Czech Republic. In this regard basic elements of the bare trust are discussed. The case law of the the Court of Justice of the European Communities opened Europe's corporate space and allowed the competition between the national jurisdictions to begin. Author compares situation arised on the European market with the situation in the US. As an evidence of the distinction between different US states'...
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