|
|
European private international law - selected issues
Černý, Dalibor ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This thesis is dedicated to the European Private International Law, namely to a special part of this branch of law, to contractual and non-contractual obligations. These obligations are not governed by the direct uniform rules within the European Union because there are still very significant differences between the laws of the Member states. Since there are no direct uniform rules (even though there is a strong approach towards the European Civil Code for quite some time) to govern these areas, there must be a tool to secure the justice and legal certainty. Today, these tools are the conflict rules that are contained in hereafter mentioned pieces of European legislation. Chapter 1 is a general introduction to the European Private International Law and explains what topics this thesis will deal with. Chapter 2 deals with the general terms of European Private International Law and with different methods of creating the rules that are governing this area of law. Chapter 3 covers the sources of European Private International Law, their system and conflicts between them. Chapter 4 tries to briefly show the development of the regulation of European Private International Law within the European Community. Chapter 5 concentrates on the Rome convention on the law applicable to contractual obligations. This chapter...
|
|
|
The Internet and private international law
Kučera, Zdeněk ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
74 Summary The purpose of this thesis is to analyse problems arising out of the usage of private international law regulatory norms on the internet. Research is focused on the interpretation of connecting factors as key instruments of private international law in cyberspace. This thesis is composed of three parts: First part - describes the function of the internet and websites and connects these technical issues with the character of legal relations in cyberspace. Basics of the nature of electronic commerce are also introduced. Second part - explores the general questions of private international law that may arise on the internet and provides the answer whether traditional instruments of private international law are sufficient for internet relations. General principles governing private international law over jurisdictions are also introduced. The main subject of interest is interpretation of connecting factors in a comparative view. It is suggested that no new connecting factors, such as lex loci server, are necessary. Final part - concentrates on laws applicable in the Czech Republic. First, the Electronic commerce directive, as the basis for electronic commerce in the European Union, is introduced. Further, the regulations of the European Union (Brussels I, Rome I, Rome II and Rome Convention) and...
|
|
| |
|
|
New trends in international commercial arbitration
Jakoubek, Lukáš ; Brodec, Jan (referee) ; Pfeiffer, Magdalena (referee)
This thesis deals with the latest trends in international commercial arbitration. Specifically, it focuses on transparency in international investment arbitration and third-party funding in international commercial arbitration. The objective of this thesis is to provide a comprehensive interpretation of a gradual development of these trends and to also give potential Czech readers an idea about present hot topics in international arbitration coming mostly from foreign sources of bibliography. The thesis is divided into three chapters. The first chapter dedicates itself to defining arbitration in the context of various dispute resolution methods and provides its basic comparison to international arbitration. At the same time, it offers an insight into the advantages and disadvantages of this type of dispute resolution and it discusses the principles of confidentiality and privacy of arbitration proceedings. The second chapter is divided into two main parts. The first one is focused on defining key terms of the specific area of international investment arbitration, including different regimes of treatment of international investments in order to protect them. It also includes a detailed description of the most important sources of international investment law and further discusses ways to resolve...
|
|
|
Carrier's Liability in International Carriage of Goods
Machej, Jan ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The purpose of this thesis was to analyse and compare isseu of carrier's liability in international carriage of goods. Thesis is devided in seven parts, which offers outline of carrier's liability in particular modes of carriage. First part deals with term contract for the carriage according civil code, parts of this contract as well as another contracts which aim is carriage. Furthermore deals with term liability and put outline of distinction among strict liability and liability for fault. Last subchapter of first part describes term carriage. Second part describes legal framework of contract for the international carriage of goods and specifies distinction among choice of law and direct method. Remaining parts refer to carrier's liability according international treaties concerned with particular modes of carriage, i. e. international carriage of goods by road, by rail, by air, by sea and by inland waterways. Bigger attention is dedicated to third part which deals with carrier's liability in international carriage of goods by road. Emphasis to this part is given, because international carriage of goods by road is the most frequently one - especially from Czech point of view. International carriage of goods by road is for sixty years ruled by CMR Convention which was amended only twice. This mode...
|
|
|
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...
|
|
|
International arbitration and the Brussels' jurisdictional regime
Macháčová, Paulína ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
in English The purpose of this master's thesis is to analyse the interfaces between international arbitration and litigation within the Brussels' jurisdictional regime. Arbitration has always been excluded from the scope of the Brussels' regime. However, the exact scope of this exclusion was always unclear and subject to long lasting debates and disputes. The consequences of determining whether a certain issue falls within the exclusion or not are far reaching and may seriously jeopardise the enforceability of an arbitration agreement and the effectiveness of arbitration in general. The main problem connected with the uncertainty regarding the actual scope of the arbitration exclusion, is the risk of parallel proceedings and conflicting judgements. Firstly, this thesis provides a general characteristic of alternative dispute resolution with focus on international arbitration and sources of its regulation. The overview of the history of the arbitration exclusion follows in order to create a foundation for the following analysis of the exclusion itself. The core part of the thesis aims to determine the scope of the arbitration exclusion, mainly through the analysis of the CJEU's case law and relevant literature. Special attention is paid to the judgements on validity of an arbitration agreement and...
|
|
|
Extending arbitration clause on third parties in (international) commercial arbitration - selected issues in comparison of international arbitration practice and Czech law
Cienciala, René ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
CIENCIALA, R.: Extending arbitration clause on third parties in (international) commercial arbitration - selected issues in comparison of international arbitration practice and Czech law; doctoral thesis ABSTRACT The purpose of my doctoral thesis is to analyse in the context of the (international) commercial arbitration whether at all, and if so under what conditions can an arbitration agreement be extended on third parties as its non-signatories - i.e., parties who have actually not undersigned the said agreement. The thesis is based on a critical analysis thereof by evaluating the selected and relevant case-law, both judicial and arbitral, and the key legal jurisprudence in comparison of the international arbitration practice and Czech law. The thesis consists of nine main chapters. After the introduction of the subject-matter (first chapter), I focus on a fundamental basis thereof - i.e., the doctrine of separability of an arbitration agreement from the underlying contract (second chapter), followed by a thorough analysis of a selected theoretical conceptions concerning the extension of arbitration agreement on third parties (third to seventh chapter). Accordingly, I evaluate the following issues: a succession and assignment or other transfers of rights in the third chapter, the position of guarantors in...
|
|
|
Cross-border transformations of commercial companies
Rajdová, Denisa ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee) ; Pauknerová, Monika (referee)
This thesis discusses a method of implementation of the freedom of company establishment in the form of cross-border transformations after the amendment of the Transformation Act, which came into force on 1 January 2012. This right which a company is guaranteed is analyzed in the context of relevant CJEU case law. This thesis follows the structure of the Act. The first part deals with general issues of cross-border transformations and is followed by a chapter on the types of cross-border transformations. The final part of this thesis is devoted to a discussion about the possible kinds of economic movation for the tranformations. The goal is to analyze the possibilities of cross-border transformations and to assess their historical development with respect to both major CJEU decisions and legislative activities of the EU and the Czech Republic.
|
|
| |
guest ::
