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Governing law in the absence of choice in contractual relations in the Czech Republic and in the United States (private international law in a comparative perspective)
Chvosta, Ondřej ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
Governing Law in the Absence of Choice in Contractual Relations in the Czech Republic and in the United States (Private international law in a comparative perspective) English Summary: The subject of the thesis is the main differences in Private International Law (or Conflict of Laws in the Unites States) in the area of contractual relations in the absence of a choice of law. The introduction explains the methodology of the work, as it does not strive to provide an exhaustive list of contract types - since this would be ill-advised considering the differences in Czech and American contract law - but rather provide the reader with a general characterization of the different approaches to the subject matter. The introduction also explains the legal certainty principle (typical for Civil Law countries) and the principle of equity (typical for Common Law countries), and describes how the consideration of these will enhance the reader's understanding of the thesis' topics. The first chapter is concerned with the relevant sources of law in the Czech Republic and in the United States. The most important legislation applicable in the Czech Republic is the Czech Private International Law Act, the Rome Convention and the Rome I Regulation. In relation to US law, the text discusses some of the most important clauses...
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Some aspects of electronic commerce in the view of private international law
Mičica, Dušan ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
119 Abstract (En) This rigorous thesis is split into eleven chapters. Subsequently there are recognized topics such as general characteristics of internet and electronic commerce. These chapters are followed by legal regulations of legal action and contracting. The thesis is focused on relevant norms of private international law touching electronic commerce. After general articles about conflict of laws rules and direct norms, choice of law is discussed. Next chapter deals with contractual obligations regulated by the Rome convention and Rome I regulation, followed by noncontractual obligations in Rome II regulation and the International private law act. Conflict of laws rules are followed by CISG. Also other sources of regulation are mentioned, such as EU directives and UN Convention on the use of electronic communications in international contracts. In the area of civil process, relevant provisions of the Brussels I regulation are discussed. Finally thesis deals with the regulation creating a European order for payment procedure and regulation establishing a European Small Claims Procedure.
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Companies in private international law
Saláková, Terezie ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Companies in private international law The topic of this diploma thesis includes questions related to companies in private international law. The thesis deals especially with changes of the Czech law evoked by the recent recodification of the private law in the Czech Republic. The purpose of the thesis is, first of all, to introduce the current form of this part of the law, to sum up and analyse ideas published in expert sources, and also to add own views concerning the topic. Following methods were primarily used: analysis, synthesis, description and comparison. The thesis, besides general Introduction and Conclusion, includes seven individual chapters which create coherent total. Chapter One explains basic terms used in the thesis. The following chapter defines the term personal statute of legal person and introduces two basic principles of its determination - the incorporation principle and the seat principle. The third chapter continues with detailed description of the position of the incorporation principle in the Czech law, including the questions related. Chapter Four defines foreign legal persons and gives the reasons why the registered seat of the legal person is relevant for determination of such a person. Chapter Five focuses on the basis of the fact that a legal person with the seat...
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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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Procedure on European Order for Payment - parallels and differences in comparison with European, Czech and German law
Ranič, Radim ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This rigorous thesis deals with the European order for payment in terms of parallels and differences with the European, Czech and German law. On the basis of predefined criteria the work compares the European o rder for payment with the Czech payment order and the German payment order, while the relationship with other European International Private Law institutes has not escaped our attention. Due to the longer effectiveness of the European order for payment regulation we were able in this work to evaluate experience with its application and the case law. A number of identical features of payment orders have been identified in the work, such as their speed of the procedure, optionality, issue without the hearing of the opposing party and their cancellation after objections against them. Differences have also been identified, mainly in the scope of application, different use in cross-border cases, different demand on the scope of evidence in the proposal for issue, the structure of the procedure as one or a two step and different time limits for filing of objections.
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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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Marriage in private international law
Vaníčková, Martina ; Zavadilová, Marta (advisor) ; Pfeiffer, Magdalena (referee)
In the current globalized world with its high level of international migration, international marriage is not something uncommon. As a result of population migration, for example, the marriage of two persons of different nationalities occurs. This thesis defines matrimonial law in the context of private international law. It offers an insight into the conflict of laws surrounding the issues of marriage with an international element, defining the form in which the international element can arise in international matrimonial law. National, EU and international legislation is taken into account when dealing with the issues surrounding conflict of laws. In addition to the introduction and conclusion, the thesis is divided into six chapters. The first three chapters contain the theoretical aspects, which is crucial for understanding the topic of the thesis. The remaining three chapters deal with specific institutions within matrimonial law. The first chapter defines the concepts of marriage, private international law, and marriage in the context of private international law, which includes a brief look at the historical development of this branch of law. The second chapter focuses on an overview of the sources of legislation at the national, EU and international level, including their interrelationship....
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Non-contractual obligations with cross-border elements
Holečková, Kateřina ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Dolanská Bányaiová, Lucie (referee)
Non-contractual obligations with cross-border elements Non-contractual obligations form a specific part of the law of obligations. Non- contractual obligations are characterized by the fact that the respective parties enter them involuntarily and without a clear understanding of their legal regulation. In cases where the respective legal relationship contains a cross-border element, this lack of understanding is even deeper. The subject of this thesis are non-contractual obligations with a cross-border element and their regulation in private international law. The three fundamental questions of private international law are addressed: namely the issue of international jurisdiction, applicable law, and recognition and enforcement of foreign judgements. The current legal regulation of non-contractual obligations with a cross-border elements is contained in a number of legal resources - from international treaties and EU legislation to autonomous national law. The main objective of this thesis is to analyse these systems of legal regulation in order to determine whether they meet the requirement of legal certainty and foreseeability or whether its unification on international or at least a regional level would be beneficial in that regard. Apart from the introductory and conclusion parts, the thesis...
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The competence of arbitrators for deciding property disputes (from the perspective of their independence and impartiality)
Ryšavý, Lukáš ; Pohl, Tomáš (referee)
The main focus of this doctoral thesis is arbitration; the phenomenon of not only an out- of-court dispute resolution but also international commercial relations. Arbitration is a modern legal institute that is regarded as an equivalent alternative to court proceedings. Independence and impartiality of the arbitrator are very important and at the same time very problematic aspects of arbitration. These two principals accompany the arbitration since the beginning of the modern era of this institution and they are still perceived as essential criteria of the arbitration. Independent and impartial decision-makers are an integral part of the right to a fair trial enshrined in Art. 36 subsection 1 of the Charter of Fundamental Rights and Freedoms and Art. 6 subsection 1 of the European Convention on Human Rights. Although such legislation refers to the court in terms of a state court, in the course of this thesis was demonstrated that these attributes are also applicable to arbitrators, even though they must be interpreted in arbitration proceedings with respect to the characteristics of arbitration. Due to the fact that resolving disputes in this way is the most common approach in international trade, the main focus of this thesis is to depict the issues of independence and impartiality in relation of...
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Expert Witness in International Private Law Context
Eichinger, Lukáš ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
1 Abstract 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. Czech legislation for the activity of an expert witness in international private law is especially contained in the Act on International Private Law and individual treaties on legal assistance which the Czech Republic is bound by. International regulations and the regulations of the European Union for the field of expert witnesses is especially enshrined in the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, the Regulation on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters, the Treaty on the Functioning of the European Union, the Directive of the European Parliament and of the...
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