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Law applicable to contractual obligations in the absence of choice
Mendrok, Eva ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
IN ENGLISH The aim of this thesis is to determine and evaluate conflict of law rules for designating the applicable law in contractual obligations in the absence of parties' choice. Such rules can be found in international, European or national legal sources, hence the scope of any particular regulation has to be considered in detail. The core of this thesis shall be the European private international law, especially the Article 4 of the Regulation on the law applicable to contractual obligations (Rome I), effective from 17 December 2009, which shall apply to contractual obligations in civil and commercial matters in situations involving a conflict of laws, if the applicable has not been chosen by the parties. New Article 4 of the Regulation tends to enhance certainty and to overcome interpretative difficulties in Rome Convention. Required certainty shall be expressed by introduction of hard-and-fast rules included in Article 4 (1) Regulation supplemented by the characteristic performance rule in paragraph 2. On the other hand, flexibility shall be ascertained through escape clause and closest connection rule, which aims to disregard applicable law designated by paragraphs 1 and 2 in situations when the contract is manifestly more closely connected with another country. Although the wording and...
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Private international law in a comparative perspective (International family law in Czech republic and in Federal Republic of Germany)
Černá, Aneta Antonie ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
Private international law in a comparative perspective: International family law in the Czech republic and in the Federal Republic of Germany The subject matter of this thesis is a comparison of Czech and German legal regulations of international family law. I have concretely focused on a regulation of matrimonial law with an international element and on a regulation of relations connected with registered partnership containing the international element. I have chosen this subject matter because this field has not been completely unified by a legislation of the European Union and so that I can compare legal regulations in the Czech Republic and in the Federal Republic of Germany. It is a really actual theme because a new law act about international law is going to be effective from 1st January, 2014 in the Czech Republic and furthermore the Regulation Rome III governing applicable law for a severance and divorce has become effective in some member states of the EU. Also there have been designed other new Regulations regulating marital relations and relations of registered partnership with the international element. A development of a new legal regulation allowed me to elaborate the topic with using information which has not been used so summarily yet. So this work could be a contribution according...
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Protection of personality in scope of legal philosophy and applicable law
Němec, Ronald ; Gerloch, Aleš (advisor) ; Harvánek, Jaromír (referee) ; Beran, Karel (referee)
PROTECTION OF PERSONALITY IN SCOPE OF LEGAL PHILOSOPHY AND APPLICABLE LAW 1. Summary We can see law from two main perspectives. Law is either complex of written regulations, which are prepared by human beings based on some interests or it is a complex of rules, which altough are written, but its nature are originating from higher normative system. First is a present perspective. Current law science is prefering valid law as complex of regulations published in statute book. What is not banned by law, is allowed. Though this law philosophy is leading to instability in society. Every year legislator is making hundreds of amendements and create new laws to cover new circumstances which appear in the society. Despite legislator effort is society further unsatisfied with legal state. Society claims that law is enforceable for those who are able to hire big law firms, which can find neccesary grey areas. Immanuel Kant among the first draw a problem between legality and legitimacy. But it is not only matter of legislator whether he acts legitimately or legally, but as well as of receiver of law norm. Is every legal act of the recepient of the legal order of the Czech Republic legal as legitimate? Legal yes, if in conformity with legal order. But is it even legitimate? And is it moral? For juspositivism is...
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The law applicable to obligations with an international aspect
Reimarová, Eva ; Růžička, Květoslav (advisor) ; Kučera, Zdeněk (referee)
The topic of this thesis is the law applicable to obligations with an international aspect, which is an area that presents a complex and important part of private international law. Statutes dealing with obligations with an international aspect may be of national, international or EU origin and employ different methods to regulate such obligations. Therefore, in comparison with national legal disciplines, the determination of the appropriate legal statute may prove challenging. One of the questions this thesis deals with is the relationship between these statutes and the basic principles upon which the selection between them should be made. Obligations with an international aspect are at the present time dominated by two EU regulations, namely the Rome I Regulation which deals with contractual obligations and the Rome II Regulation which deals with non-contractual obligations. A large portion of this thesis is devoted to their analysis. Instead of a detailed description of their every provision, which for the purpose of this work is unnecessary, this thesis focuses on the scope of application of these Regulations, the conflict rules and the scope of the applicable law. Chapters two and three are a general outline of the issues that follow in this work. The second chapter explains the basic terms...
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Legal aspects of the securing of obligations in international trade
Mišoň, Petr ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Legal aspects of the securing of obligations in international trade The securing of obligations in the international trade is recently, possibly more than ever before, very topical issue, and the reason is quite clear - there is a strong need to secure international contractual obligations by effective and reliable securing instruments because of the economic and debt crises which started in 2008 and has been still a very actual problem. This thesis focuses on legal relations arising from the securing of contractual obligations in the international trade. The goal of the thesis is to describe legal aspects of securing obligations considering the determination of an applicable law, under which the securing is governed. Because of the author's long- term working bank experience, the final part of the text deals with a securing by a bank guarantee. In the first part of the thesis there are described legal relations in which an international element appears, and there are also described a purpose, function, categorization and different types of securing instruments respective of the international trade. The second part of the thesis deals with the problem how to determine which law is the applicable one for securing of obligations in the international trade. There are described legal aspects of...
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Applicable law in international arbitration
Achour, Gabriel ; Brodec, Jan (advisor) ; Kučera, Zdeněk (referee)
The aim of this thesis (The Applicable Law in International Arbitration) is a general and comprehensive introduction of applicable laws in international arbitration. At first the characteristics of arbitration and its differentiation from litigation and other alternative dispute resolution are introduced as well as theories of arbitration as such. In its second and main part this thesis presents various legal systems, which may acquire the status of the law applicable to a particular phase or aspect of international arbitration. Firstly, the effect of lex arbitri on arbitration is discussed. Furthermore, this thesis discusses the effect of lex loci executionis on the recognition and enforcement of an arbitral award. The thesis also focuses on lex causae and both alternatives of its choice, i.e. to the parties choice of lex cause and to the absence of its choice. Arbitration agreement, particularly in relation to its separability from the underlying contract, as well as its relation to the arbitrability is explored in following part of this thesis. Last but not least this thesis takes into consideration the possibility of application of non-state normative systems in international arbitration.
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Applicable Law in International Commercial Arbitration
Coufalová, Jitka ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Applicable Law in International Commercial Arbitration (Abstract) The aim of this thesis is to analyse the choice of applicable law in the international commercial arbitration from three perspectives: applicable law of an underlying agreement, applicable law of an agreement to arbitrate, and applicable law of procedural aspects of arbitration proceedings (lex arbitri, arbitrability). Furthemore, the thesis is alco focused on elements related to the choice of applicable law, for instance the principle of party autonomy and limits of the choice of applicable law. To answer the main three above-mentioned questions regarding applicable law, comparative method is used and subsequently number of foreign legal regulations on arbitral proceedings as well as arbitral awards and relevant case law are analyzed. Theoretical approaches to the choice of applicable law are therefore confronted with their potential application and modifications in practice.
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Non-contractual obligations in private international law
Holubová, Kateřina ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Non-Contractual Obligations in Private International Law This thesis deals with non-contractual obligations in private international law. The most important law in this area is the Rome II Regulation on the law applicable to non-contractual obligations that applies since 11 January 2009. The Regulation creates a common regime of conflict of law rules for most civil and commercial non-contractual obligations. The general rule is the law of the place of injury (lex loci damni). The rule is subject to two exceptions, the common habitual residence exception and a general escape clause based on the closer connection principle. Special rules are laid down for some non-contractual obligations, such as product liability, unfair competition and acts restricting free competition, environmental damages, infringement of intellectual property rights, unjust enrichment, negotiorum gestio and culpa in contrahendo. However, in most cases, the parties may agree on the law applicable to the non- contractual obligations between them. Post-tort agreements may be made between all parties whereas pre-tort agreements are allowed only where all the parties are pursuing commercial activity. Where the Rome II Regulation does not apply the courts will look to the relevant national legislation, which is the Private...
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Selected issues of conflict of laws in international family law
Birnerová, Nikol ; Pfeiffer, Magdalena (advisor) ; Brodec, Jan (referee)
This thesis is aimed at specific questions of conflict rules of the international family law. Specifically, it focuses on the conflict law rules of matrimonial law with an international element. It takes into account the domestic, as well as the international regulation and regulation of the European Union. The thesis is divided into eight chapters. It starts with an introduction, which is followed by the second chapter which deals with the concept of international family law and its sources. The third chapter devoted to a general explanation of the conflict rules including the most significant related terms, such as determining factor or public order. The fourth chapter is aimed at the legal regulation of concluding a marriage with respect of the conflict rules determining the law applicable in case of capacity to conclude a marriage, its validity and form. This chapter also deals with consular marriages and marriages concluded abroad in case of threat to life. The fifth chapter contains he conflict rules of personal and property situation of spouses. This chapter at the same time reflects a recent progress in this field as far as European Union law on property situation in marriage is concerned. The sixth chapter is aimed at termination of mixed marriage and primarily at conflict rules of...
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Foreign Business Activities of Company
Doležel, Vladimír ; Polednik, Franciszek (referee) ; Koleňák, Jiří (advisor)
This Master’s thesis has been elaborated on the basis of a real issue, which a company, which decided to procure it’s full time presence in the Austria’s market, is facing. The analysis of the present state, which proved the rationality of the decision, is followed by a theoretical fundament of this thesis, that lays the foundations of the specific proposal leading to reach the aim given by the company. The theoretical part of the thesis deals with the core of the international trade and its brief history. The thesis is further focused on the areas of the international trade important for solving the given issue. The main areas are as follows: international trade legal regime, law of international trade, risks in the international trade, ways of penetration into a foreign market. Based on the knowledge attained in the theoretical part of this thesis, while applying them, I have come to the conclusion, that it would be best for the company to establish a branch office in the Austria. The conclusion is followed by a factual proposal of progress supplemented by a calculation of costs of establishing the branch office and calculation of operating costs for the first year. I am also proposing a strategy for legal relationships being concluded by a branch office and marketing strategy for the first year.
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