|
|
Electronic trading with an international element: the jurisdiction of the state and the conception of business activities on the Internet
Vondřich, Lukáš ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
INTERNET BUSINESS TRANSACTIONS WITH AN INTERNATIONAL ELEMENT The recent developments in technology have raised new forms of electronic communication and business strategies on the Internet, in particular the direct e-commerce operated through dynamically generated websites. As a consequence, the suitability of traditional legal norms has been challenged, including the rules governing jurisdiction. The law therefore tries to respond by adoption of new legal concepts and principles or adaptation of the old ones. One of them is the concept of directing business activities, which was incorporated into EU law in relation to the special jurisdictional rules protecting the consumers of the member states under the Brussels Regulation. Accordingly, the aim of the thesis is to characterize the nature of the concept of directing business activities under the article 15 of the Brussels Regulation, as well as to identify the relevant criteria as to its fulfilment, all in the context of the disputes arising from the consumer contracts concluded as a result of the business activities directed towards the consumers of a member state on the Internet. The first section of the thesis deals with the traditional basis of the state's sovereignty and jurisdictional rules, whereas the second section identifies the specific nature...
|
|
|
Set-off Defence in International Commercial Arbitration
Hock, Branislav ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
Set-off is meant to be one of the most important defences in arbitration proceedings. About 15 - 20 per cent of all international arbitrations involve set-off defence. There is not much dispute about the possibility to virtually extinguish mutual claims of the parties however national concepts of set-off differ dramatically. Moreover, in contrast to most other legal mechanisms set-off is always formed by no less than two obligations. These obligations may be regarded differently and be subject to different laws which can lead to a series of difficult questions regarding not only choice-of-law but also judicial competence. The centrum of the controversy lays in the situation when the defendant raises his cross-claim, which falls outside the scope of an arbitration agreement, to be mutually offset. Arbitrators can be in a very difficult position as they have to find, in the absence of any clear rule, reasonable limits of the adjudication of set-off. This work aims to find out what should be the limits of the adjudication of set-off with the cross-claim over which the tribunal normally wouldn't be competent to decide. There is offered a legal framework with a set of good practices which should be followed in order to strengthen legal certainty, procedural efficiency and effective functioning of...
|
|
| |
|
|
Brussels I Regulation and other procedural legislation of European private international law
Jindrová, Daniela ; Brodec, Jan (advisor) ; Kučera, Zdeněk (referee)
Regulation Brussels I and other procedural legislation of European private international law Diploma thesis is particularly focused on rules regulating jurisdiction according Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, so called Brussels I Regulation. The Brussels I Regulation represents a cornerstone of European judicial cooperation in civil and commercial matters. The main aim of my thesis is to provide comprehensive interpretation of jurisdictional rules in accordance with this regulation. The thesis is systematically divided into nine chapters. The purpose of Chapter One is to introduce a complex issue of European Private International Civil Procedure Law by way of defining the essential terms, subsuming it under the broader framework of private international law and also by describing historical development of this area. Next chapters are entirely concentrated on the Brussels I Regulation. Chapter Two addresses general aspects of this regulation. Those are development and subject matter of the regulation and interpretation of basic terms such as jurisdiction and domicile. Chapter Three deals with scope of application, the understanding of which is fundamental for a correct application. Five subsequent...
|
|
| |
|
|
Resolving Business Disputes over Contractual Obligations at the EU level.
Homolková, Lucie ; Švarc, Zbyněk (advisor) ; Grmelová, Nicole (referee)
The master thesis first deals with definition of business contractual relationship (sources, formation, freedom of contract) and indicates ways of resolving disputes arising from it within the Czech legal code. Through defining the concept of cross-border element the master thesis attains on how to resolve business disputes over contractual obligations at the EU level. Core topic of thesis deals with jurisdiction in commercial matters, the law applicable to contractual obligations, alternative dispute resolution as well as the recognition and enforcement of judgements or of different rulings. The last part of the thesis deals with a practical procedure which shows how to resolve dispute between domestic businessman and foreign businessman via legal proceedings.
|
|
|
Methods and techniques of active teaching in Czech language on the middle school
KAŠPAROVÁ, Eva
The aim of this diploma thesis is to find out the influence of methods and techniques of active teaching on the level of essay-writing in the basic school. The theoretical part describes chosen methods and techniques of active teaching within the context of the educational process. An experiment was carried out in the practical part and it verified the influence of these methods on the development of essay-writing potential of the pupils. The popularity of the chosen methods and techniques of active teaching was being researched by a questionnaire survey. The methods of active teaching were discovered to facilitate the success rate of the essay-writing and a statistically significant increase in the number of sentences and syntactic pairs was found in the experimental group.
|
|
|
Illigal use of trademark
Pásková, Hana ; Boháček, Martin (advisor) ; Čada, Karel (referee)
The topic of this thesis is the problem of trademark infringement examined in the context of the development of legal jurisdiction. This also includes aspects of unfair competition, and in most of the cases a couple of factors are involved.I use Czechoslovakian, Czech, as well as some European court verdicts in relation to different legal regulations.
|
|
|
European Area of Justice - Brusses I Regulation
Patočka, Radim ; Grmelová, Nicole (advisor) ; Kotoučová, Jiřina (referee)
The scope of this thesis is regulation (EC)No. 44/2001 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters. The provisions of Regulation is aiming the improvement and simplification of the recognition and enforcement of foreign judgements within the territory of the EU. According to the title of regulation this tesis is diveded in several parts explaining the key elements of developing the other maxime of the EU-free movement of judgements. First part includes the general fundamentals for determination of jurisdiction in cases with transborder element which is essential for aplication of this regulation as a part of legislation on international private law. Thanks to the nearly identical wording of Brussels I Regulation and Convention dealing with the same matter from the year 1968, all legal opinions of European Court of Justice related to that Convention can be invoked nowdays. Second part and third part turn to recognition and enforcement of foreign judgements in order to ensure the situation when "the declaration that a judgement is enforceable should be issued virtually automatically after purely formal checks of the documents supplied, without there being any possibility for the court to raise of its own motion on any of the ground for non-enforcement provided by this Regulation". The last part contents future trend in this sphere which can be seen from application of other regulation (European enforcement order, European order for payment procedure)giving rise to rapid and simple mechanism in specific cases. Especially it treats of cancellation special exequator proceeding which should be undertaken to achieve that foreign judgement would be enforceable.
|
|
|
judicial cooperation in civil and commercial matters
Králová, Tereza ; Grmelová, Nicole (advisor) ; Koucká, Jiřina (referee)
The Bachelor thesis deals with judicial cooperation in civil and commercial matters. The thesis is composed of 5 chapters. In the first chapter is the judicial cooperation described as the component of European private international law. The second chapter gives to the judicial cooperation the legislative basis in the primary law. The third and fourth chapter contains the legislation of judicial cooperation - Brussels convetion and so called Regulation Brussels I. The fifth chapter analyzes the dispute between ČEZ, a.s. and Horní Rakousy (Upper Austria).
|
guest ::
