National Repository of Grey Literature 48 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
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...
Liberal intergovernmentalism: The role of small states in the European integration process
Bambasová, Hana ; Plechanovová, Běla (advisor) ; Karlas, Jan (referee)
The aim of the Master thesis Liberal intergovernmentalism: The role of small states in the European integration process is to test the applicability of the theory of Liberal intergovernmentalism to cases of small Member States of the European integration. Furthermore, the thesis aims to clarify the role of this states in the evolution of the European integrative cooperation. In order to reach the research objectives, the thesis uses case studies of Belgium and the Netherlands and it examines their motives and behaviour during the negotiation of treaties of the European primary legislation. The thesis is divided into chapters based on a chronological succession. Each chapter describes a time period before one of the treaties of the primary legislation, from the foundation of the European Economic Community until the signing of the Treaty of Amsterdam. The chapters deal with the motivation of small states for new negotiations and their claims in concrete areas of diplomacy. These claims are further compared with results of the negotiations in the context of the significance of the arranged agenda. The final part of the thesis compares the negotiating power of small and large Member States, Germany, France and the United Kingdom, taking into account the most significant issues of the agenda. The...
Project DEAL: plans, challenges, results
Grötschel, Martin
DEAL is an initiative of the Alliance of Science Organizations in Germany with the goal to conclude nationwide licensing agreements for the entire portfolio of electronic journals from major academic publishers. The intention is to bring about significant change to the status quo in relation to negotiations, content and pricing in the process and to achieve wide-scale, lasting improvements in open access to scholarly literature. The first agreement with a major publisher was signed on January 15, 2019 – after a long series of negotiations. I am a member of the DEAL negotiation team and will report on the whole range of plans and challenges as well as my expectations for future development.
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Pacta Sunt Servanda in Recent Civil Law
Novotná, Dominika ; Šustek, Petr (advisor) ; Salač, Josef (referee)
1 Pacta Sunt Servanda in Recent Civil Law Abstract The thesis deals with the brocard of pacta sunt servanda and its application in the current Czech civil law. After a brief explanation of the historical circumstances and a concise description of the historical development of private law in Czechia, the first chapter outlines the establishment and the practical confirmation of the pacta sunt servanda principle in the judicial rulings of the Czech Constitutional Court after year 1990. The second chapter analyzes the natural law doctrines that have informed the authors of the Civil Code in drafting the law, including the principle of pacta sunt servanda. The third chapter of the thesis reviews the practical expression of the principle that agreements must be kept, and promises are binding in the applicable provisions of the Civil Code. The freedom of contract is one of the essential tenets of the private law, which gives parties freedom to decide whether to enter into a contract, with whom and the freedom to decide (acting in mutual respect of the equal autonomy of the persons involved) about the contents of the contract. But the freedom is also accompanied by responsibility. One of the possible consequences of the pacta sunt servanda principle is a party's duty to negotiate with care and not to lead a...
Economic Integration of European Union and Latin America
ČABRÁDEK, Ondřej
My diploma thesis is focused on economic integration between European Union and Southern Common Market, Mercosur. The aim of my thesis is to analyze current relationship between those two parties, compare their treaties and discuss the pros and cons of Association Agreement between EU and Mercosur. The work is divided into two parts - theoretical and practical. In the theoretical part, there are defined basic terms, such as integration, common market, free trade area, custom union and so on. Treaties that led to the establishing of EU and Mercosur are described as well. In practical part there is analysis of current relationship between EU and Mercosur. Furthermore, there is comparison of treaties of both parties, their similarities and differences. Lastly, SWOT analysis of Association Agreement was conducted and discussed.
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...
European Commission as a Guardian of the Treaties
Langhammerová, Šárka ; Plechanovová, Běla (advisor) ; Parízek, Michal (referee)
This bachelor thesis focuses on the behavior of the European Commission in the infringement of proceedings based on article Article 258 et seq. TFEU. The paper seeks to look behind the borders of mere legal framework of infringement proceeding and deals primarily with the political influences, which can affect the Commission's decision on how to act, as well as the theories, which try to explain and predict its reaction on the violation of Treaties by a Member State or different actors. The structure of the paper is as follows. Firstly, this thesis deals with the Commission's position in the system of the EU, with basic information about the Commission, then raises the question of whether the Commission is independent and impartial, or whether it is under some external or internal political pressures. Secondly, the thesis studies the infringement proceedings and the possibilities, procedures and tools available to the Commission to enforce the law and also how the Commission uses these options in practice. Of course, the paper will also cover the limits of this procedure. The Commission's main limitation of its ability to enforce the law is the lack of resources. This problem helps to resolve its discretion power. It can choose in which case of non-compliance to initiate the infingement...

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