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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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Internet business transactions with an international element: consumer protection in the European Union
Veselková, Kristýna ; Brodec, Jan (advisor) ; Bříza, Petr (referee)
INTERNET BUSINESS TRANSACTION WITH AN INTERNATIONAL ELEMENT: CONSUMER PROTECTION IN THE EUROPEAN UNION Abstract This thesis focuses on the legal aspects of consumer protection within the European Union when concluding a contract with an international element on the Internet. The motivation for the thesis is to address the new legal challenges which the matter creates. In case of contracts negotiated at a distance, there is no possibility of verification of the contracting party or goods or services themselves. Such situation increases the risk of abuse of the position of the stronger party. Furthermore, the unclear definition of borders in cross-border online purchasing complicates the matter of private international law on jurisdiction and applicable law. This thesis aims to describe and analyse the specific rules for consumer protection on the Internet within the European Union in order to inform stakeholders about the current state of the law in this area. In particular, the thesis deals with three issues: what kind of protection is provided to consumers in cross-border online purchase within the European Union; which court has jurisdiction over a dispute arising from consumer contract with an international element entered into on the Internet; and how the applicable law for these contracts is...
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Internet business transactions with an international element
Škrabka, Jan ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
91 Internet business transactions with an international element Abstract The internet is a relatively new phenomenon that emerged a few decades ago. Since that, the importance of the internet was growing, and it has become a tool that the majority of people use every day. Therefore, the legal regulation needed to react to this expansion, and some legal concepts emerged, whereas the other ones were developed to reflect social relationships and business transactions on the internet. Similarly, the concept of consumer protection needed to reflect the changes as well. This thesis examines internet business transactions with an international element, focusing mainly on the aspects of consumer protection in such transactions. The aim of this thesis is to provide the answers to the research question and following hypotheses. The research question set in this thesis stands as follows: "Does the legislation analyzed provide adequate consumer protection within the context of international business transactions over the internet." The thesis uses mainly the method of analysis, but also comparative method, method of synthesis or descriptive method. The thesis is divided into the following chapters: introduction, which provides the reader with a research question and methodology. The next chapter focuses on the...
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The Internet and Private international law
Bederka, Pavel ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
VIII Abstract The Internet and private international law This master's thesis deals with the current state and future development of the concept of digital content in the law of European union. A brief history concerning the Brussels- and Rome- community conventions and their replacement with the current regulations is presented in the first part of the thesis, along with several interesting cases of the Court of Justice of the European union. A model international consumer contract for supply of digital content concluded over the internet is used in conjunction with the Pammer/Alpenhof case in order to demonstrate the concept of directed activity within the meaning of the Brussels I recast and Rome I regulations. Next, the Falco and Usedsoft decisions are analyzed, along with possible consequences of the asserted exhaustion of intellectual property rights after first transfer of an intangible copy of copyrighted software, and the implications thereof. Subsequently a short theoretical digression is made to dissect the notion of goods as used by the UN convention on contracts for international sales of goods, in order to determine the limits of the convention vis-à-vis intangibles. The Vienna convention also presents a useful mirror to the (now dead) proposal for Common European sales law (CESL), as the...
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Internet business transactions with an international element
Čišecká, Nikol ; Brodec, Jan (advisor) ; Růžička, Květoslav (referee)
This thesis examines online trade and the latest European Union directive that forbids geo- blocking, which could be a breakthrough for the sector. The work dissects the benefits of the regulation not only from the point of view of the consumer, but from that of an e- commerce company as well. It also includes a discussion of the planned international trade accord between the United States and the EU. The work is segmented into four parts. The first section defines general terms such as international privacy laws, e- commerce, and the internet. It lays out the history of the internet and its beginnings in the Czech Republic, its regulation, and the movement fighting for a so-called free internet. It also examines consumer protections on the internet and the setting of a legal authority to adjudicate conflicts created in internet trade. The second part is dedicated to e-commerce, which is often understood as a synonym for internet-based trade. It's the differences in these two terms that will be discussed in this part of the work. The definition of e-commerce is discussed as are its individual types, international organizations, and associations overseeing electronic commerce. The third part of the work examines the Transatlantic Commerce and Investment Partnership between the United States and the...
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Companies in private international law
Lembas, Jan ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The objective of this thesis is to analyze legal framework of companies in private international law with focus on cross-border mobility of companies in the EU. The work consists of an introduction, five chapters and a conclusion. In the first chapter, the basic terminology used in the work and terms of private international law, collision standards, legal entities (persons) and companies are presented and defined. The second chapter is devoted to the personal statute of company and analyzes main theories of determining a personal statute - the incorporation theory and the real seat theory, their advantages and disadvantages are discussed and their comparison is mentioned at the end of the chapter. Incorporation theory enables cross-border transfer of company seats and defines law applicable to company forever, real seat theory has a protective function. Whereas incorporation theory uses the foundation of a company to determine applicable law, real seat theory uses the real seat of a company, the actual place where the company centers its activity. The third chapter discusses the subject from the point of view of the EU law. The freedom of establishment as legal basis for the movement of companies within EU is analyzed as well as basic articles of primary law regarding right of establishment....
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Obligational means of securing claims in the international trade
Micikowska, Natalia ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Zahradníčková, Marie (referee)
Obligational means of securing claims in the international trade Abstract The subject of this dissertation is obligational means of securing claims and their functioning in the commercial transactions with international coverage. The thesis is primarily concentrated upon the statutory securing instruments most often encountered in practice i.e. surety, financial (bank) demand guarantees, contractual assignment of receivables causa cavendi, letters of credit and letters of intent. The thesis is divided into four parts. The first part deals with the introduction into the subject of negotiable instruments of securing obligations, provides an overview of the historical development of selected instruments, endeavours to outline the difference between the securing instruments conceived as rights in rem and those seen as obligations and eventually raises the issue of methodology. Afterwards the analysis is carried out on two levels: in the second part the author focuses on the applicable approach in determining the governing law in accordance with international and national regulations and afterwards on the topic of the unified norms developed by the international organisations that may be relevant in the light of the thesis' subject-matter. In this regard the works of the International Chamber of Commerce in...
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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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Application of Choice of Law Rules
Žaloudek, Václav ; Růžička, Květoslav (advisor) ; Ondřej, Jan (referee) ; Müller, Milan (referee)
The present dissertation deals with selected questions arising in the course of the application of choice of law rules and of the foreign law designated on the basis thereof. In this context, the dissertation analyzes general issues connected to the selected questions and then compares the possible solutions as implemented in Czech law, EU law and in selected foreign laws. As far as Czech law is concerned, attention is also paid to its historical development; the same is true about some of the foreign laws discussed in the dissertation. The dissertation focuses on selected wording and interpretation difficulties that used to arise and still arise in the context of particular legal instruments. First, two basic hypotheses are set out; their verification is one of the aims of the dissertation. The first is the question of whether the doctrine of choice of law rules represents a self- contained and self-sufficient system that - at least on a theoretical level - offers answers to all questions arising in the context of the application of choice of law rules. The second is the question of whether the concept of a bilateral choice of law rule, as commonly implemented today, facilitates international private law interaction and is - at least on a general level - a suitable way of governing international private...
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Compensation for damage arising from breach of competition law from the perspective of private international law
Línek, David ; Černá, Stanislava (advisor) ; Brodec, Jan (referee)
1 Abstract The thesis deals with the topic of damages claims arising from breach of competition law. In particular, it focuses on the cases in which is involved a relevant international element. The thesis reflect the thought that even after adoption of Directive on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union, there are still significant differences between the legal systems of the Member States, which to a large extent affect the compensation for damages. The thesis is divided into six chapters, the first and last of which are general introduction and conclusion. The second chapter deals with the definition of private enforcement of competition law and its relation to private international law. The third chapter can be divided into two relatively separate parts. The first one deals with the general construction of damages in the Czech Civil Code and performs a basic comparison with the Germany and England. The second part deals with selected specific areas of competition law. In particular, with the topics such as: who is eligible to bring an action; who can be considered as liable; or the basic procedural specificities (the distinction between stand alone and follow-on actions, the...
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