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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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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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Companies in private international law
Džoldoševa, Seda ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This thesis attempts to summarise and analyse a legal treatment of companies in international private law. An important term used throughout the thesis is "personal statute of a legal person". Personal statute of a legal person is an institution that decides whether the organised entity has its own legal presence and which legal system governs its relations. We use two basic theories for determination of a personal statute of a legal person, the incorporation theory and the real seat theory. The incorporation theory is based on an idea that the personal statute of a legal person is a legal system the company is founded in. The real seat theory is related to the problematic idea of an actual residence, a place where the company actually conducts its business, where its management resides or where it is in fact controlled from. Since the consensus in determination of a private statute was not agreed upon, each state uses a different principle. Whilst the incorporation theory in its consequence supports the advancement of trade and is more flexible towards the companies, the real seat theory offers more legal certainties. The so called Delaware effect is considered to be a main weakness of an incorporation theory, which is a situation when the companies are based in states with favourable legislature,...
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International Civil Procedure in the Russian Federation - Selected Issues
Králik, Dominik ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
English Abstract The object of this thesis is the international civil procedure law as it is currently regulated on the territory of the Russian Federation. The thesis describes and analyzes the legal regulations contained in the Russian Civil Procedure Codes as well as in the related laws, points to the main interpretative problems and seeks to find the most probable interpretation in the future due to its argumentation. The first chapter presents an initial response to this purpose and brings the general negotiation of international private law in the Russian Federation, with subsequent focus on international civil procedure law as an integral part of Russian private international law. We have succeeded and brought the definition of this part of private international law, which reflects the Russian realities and to the doctrinal conclusion of the Russian doctrine. The second chapter deals with the Russian analogical approach to Czech Section 8 of the Act on Private International Law, which stipulates that the Czech courts proceed in proceedings under Czech procedural rules with this and its theoretical background. In Russian legal doctrine, this principle applies as in the Czech Republic, but is justified by the postulate of state sovereignty and not by the lex fori principle. The third chapter deals with...
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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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Electronic commerce from a private international law perspective
Kurilova, Elena ; Růžička, Květoslav (advisor) ; Poláček, Bohumil (referee) ; Zahradníčková, Marie (referee)
Electronic commerce from a private international law perspective The objective of this thesis is to study how the United Nations Convention on Contracts for the International Sale of Goods (CISG) is applied in the field of electronic commerce and compare it to the United Nations Convention on the Use of Electronic Communications in International Contracts in regard to the prevailing tendency to remove legal barriers to electronic commerce. The comparison is made in terms of geographic and material scope, forms of contract and how contracts are formed. An analysis of conditions and obstacles to the application of the CISG within the field of electronic commerce represents the core of the work. The thesis is based on the assumption that the Convention on the Use of Electronic Communications in International Contracts is an instrument which helps to overcome identified obstacles. The thesis formulates a conclusion on overcoming just one of the obstacles on the basis of the principle of technological neutrality, and it further demonstrates that the requirement of being in written form may remain an obstacle. As such, the thesis is a response to the question of why the Convention is signed and ratified by a relatively small number of states.
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International contracts for construction of industrial works
Šimanovská, Zdeňka ; Dobiáš, Petr (advisor) ; Klee, Lukáš (referee)
This master's thesis is concerned with international contracts for construction of industrial works. The aim of this work is to present to its readers the international aspects of this business transaction and to analyze the legal regime of international contracts for construction of industrial works from the perspective of the Czech law applicable on such contracts. Furthermore, the thesis discusses the use of standard conditions of contracts and their role in overcoming the differences between laws of different states. International construction contracting was chosen as a subject of this thesis because it belongs among vividly developing areas of international business. By the nature of its subject the thesis uses mostly analytical, descriptive and comparative legal research methods. However, the thesis does not stop at mere description of its subject, but points its reader's attention to the most salient and problematic features of it. The thesis is divided into four chapters, introduction and conclusion. For better clarity chapters are further structured into sections. First chapter familiarizes the reader with basic terms relating to construction of industrial works. A substantial part of the thesis is devoted to this chapter because interpretation of basic terms is often neglected or differs...
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Companies in private international law
Botová, Hana ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Companies in private international law Abstract The purpose of my thesis is to analyze the regulation of companies in private international law with the focus on the possibilities of cross-border movement of companies. In today's globalized society, the mobility of companies affects both economy of the state and lives of the employees, creditors and other parties. It is therefore subject to regulation. State's conflict of laws rules are based on two main methods to determine the status of the company, i.e. the incorporation doctrine and the real seat doctrine. These two doctrines are clashing in many aspects. The thesis is composed of an introduction, followed by five chapters, and a summary. Chapter One is introductory and defines basic terminology used in the thesis: the terms company and private international law. The second chapter explains the concept of status of a company and analyses the incorporation theory, the theory of real seat and the theory of super-addition. It also deals with the cross-border transfer of seat. Chapter Three examines Czech legislation regarding the personal status of a company. It explains the historical background and recent Czech concept of the incorporation theory, addresses the issue of seat in Czech law and investigates the regulation of cross-border transfer of seat....
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The Limits of the Applicable Law of Obligations
Šidla, Pavel ; Růžička, Květoslav (advisor) ; Ondřej, Jan (referee) ; Kunz, Oto (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. 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. The primary hypothesis of this work is the concept of a single contractual statute, which governes contractual relationship since the early beginning to the end. The secondary hypothesis follows the departure of German international private law from the principle of seat for the principle of incorporation. Another hypothesis explores the safeguarding of property rights once acquired, if the substantive legal facts are in the mode of the original substantive statute closed that no means no and yes means yes, but ... This work also examines the question of whether the European legislator through the unification of rules of conflict of law removed the deficiencies that resulted from the application of autonomous national conflict of law rules or...
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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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