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International law of succession focusing on European regulation
Chybová, Lucie ; Pfeiffer, Magdalena (advisor) ; Brodec, Jan (referee)
International succession law with emphasis on European legislation Abstract This thesis deals with legislation on cross-border succession with emphasis on Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (Succession Regulation). Firstly the thesis delimits the subject of international succession law and describes its legislative methods. Furthermore the thesis in closer detail deals with sources of international succession law and their mutual relationships, particularly the relationship between bilateral international treaties and the Succession Regulation. Consequently the diploma thesis define lex hereditatis (law applicable to succession) and borderline determinants typical for international succession law, namely a nationality, a last habitual residence and a location of immovable property. A core of this thesis is composed of chapters handling conflict of laws norms according to the Succession Regulation which determine an applicable law to succession and international private law institutes related to it which influence lex hereditatis, such as order...
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Compensation for damage arising from international air passenger transport
Švandelíková, Simona ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Compensation for damage arising from international air passenger transport Abstract The diploma thesis focuses on a range of issues related to compensation for the damage arising out of international air transportation of passengers and their luggage. The thesis examines the topic in a complex way since the author first looks at the issue from a substantive point of view and then from the procedural application of the rights. Due to the cross-border nature of passenger air transport attention is paid to unified EU legislation which is directly applicable in its member states, in particular, Regulation No 261/2004 and Regulation No 2027/97 as amended by Regulation No 889/2002 as well as international regulation covered in the Montreal Convention. After the reader is introduced to the topic, the thesis portrays in detail situations in which the air carrier's liability for damage arises and which ordinarily affects the number of passengers. It is frequently relied on the conclusions of the Court of Justice of the European Union which helps to demonstrate the complicated functioning of legislation in practice. An essential part of the topic is passenger compensation. For this reason, the topic is concluded by means of enforcing passengers' rights while pointing out the main obstacles to the successful...
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Private international law in South Korea compared to Czech legal regulation
Cha, Ji Yun ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
[Private International Law in South Korea Compared to Czech Legal Regulation] Abstract The thesis deals with Private International Law of South Korea and sets as its goal to give a comprehensive overview on Korean Private International Law. Its another goal to be set is to make a comparison between Korean and Czech Private International Law. The thesis consists of an introduction, five chapters and a conclusion. The first chapter focuses on the term of ‚Private International Law' in South Korea and the Czech Republic, giving a good theoretical starting point to understand the topic of the paper. Besides, it deals with the position of Private International Law in legal system of each country as well. The second chapter looks into and compares the ways how the law of each country regulates private legal relations with foreign factors and provides so the theoretical basis for understanding of the work. The third chapter deals with legal sources of Private International Law of each country. It points out differences and similarities between various legal sources that are valid for each country. The fourth chapter focuses on Korean Private International Law Act. The author analyses and provides with a concise explanation of Articles of the Act while making simple comparison between Korean and Czech or European...
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Status of an expert in international commercial arbitration
Valášek, Matouš ; Brodec, Jan (advisor) ; Pauknerová, Monika (referee)
Status of an expert in international commercial arbitration Abstract This thesis focuses on the role and the status of experts in international commercial arbitration, specifically on the issue of their independence and impartiality. Expert evidence might have a significant impact on the outcomes of the arbitration. The importance of the expert evidence in international arbitration is thus considerable. Moreover, the importance of the expert evidence in international commercial arbitration is stressed out by the disputes dealt with in the international arbitration. The disputes in international commercial arbitration commonly relate to highly technical issues. The complexity of the issues enhances the role and status of experts. Nevertheless, the regulatory framework of international commercial arbitration is not usually focusing much on the issue of independence and impartiality of experts. The first part of the thesis describes the international commercial arbitration in general and principles governing it. Then it describes the issue of independence and impartiality in international commercial arbitration. Subsequently it deals with role and status, significance, and division of the expert evidence on experts appointed by the arbitrational tribunal and experts appointed by the parties. Author puts...
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Brussels l bis Regulation
Vastlová, Michaela ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
Brussels I bis Regulation Abstract This thesis deals with an analysis of Regulation 1215/2012 of the European Parliament and of the Council from 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, generally called Brussels I bis. The main aim of thesis is to define the position of Brusel I bis especially application priority Brussels I bis, the relationship to other instruments of private international law, the jurisdiction of the Regulation, the special position of some states, the lispedens and definition of the prorogation agreement and the regulation of prorogation agreements concluded in insurance, consumer and individual employment contracts in the Brussels I bis Regulation, and asymmetric prorogation agreements. I deal in my work with detail of changes compared to the original Brussels I Regulation. The thesis is divided into 4 chapters, which are further divided into subchapter. Over the course of the last few decades, the European legislature has adopted a lot of Regulations in the area of private international law when dealing with the issues surrounding conflict of laws. European Union law contains the basic principles of the free movement of goods, capital services and persons. Within the development of the internal market there is a...
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International insolvency law
Vrtek, Kryštof ; Brodec, Jan (advisor) ; Bříza, Petr (referee)
International Insolvency Law An expansion of globalization caused a raise of amount of cross-border insolvencies. Consequently, an importance of the internatinal insolvency law, a sector of private international law, raised significantly. Owing to the breadth of the topic, the author had no ambition to provide a complex analysis of the international insolvency law. Besides the general introduction to the international insolvency law, this thesis deals with a chosen issues of the international insolvency law, especially with those related to COMI (Centre of Main Interests), the connecting factor in the Regulation No. 2015/848 of the European Parliament and the Council (EU) on Insolvency Proceedings ("Insolvency Regulation"), but also one of the means used in the UNCITRAL Model Law on Cross-Border Insolvency. Owing the possible length of this thesis, the author concentrates on COMI regarding the area of the European insolvency law. Firstly, this thesis provides an analysis of theoretical approaches related to the international insolvency law, describing their advantages and disadvantages and the possibility of their application in a current world. After that, this thesis deals with the currently applicable regulation in EU - to the Insolvency Regulation - specifically with its historical development,...
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Regulation Brussels I and other procedural legislation of European private international law (with regards to recognition and enforcement of judgments in civil and commercial matters)
Žižlavská, Klára ; Brodec, Jan (advisor) ; Kučera, Zdeněk (referee)
Diploma thesis "Regulation Brussels I and other procedural legislation of European private international law" (with regards to recognition and enforcement of judgments in civil and commercial matters) is focused on the procedure of recognition and enforcement of foreign judgments in the European Union. The beginning of the thesis is dedicated to the European legislative development of the recognition and enforcement of foreign judgments. The key part of the thesis, analysis of recognition and enforcement according to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, so called Brussels I Regulation, is contained in the third chapter. This chapter describes the procedure required for recognition and enforcement of judgments given in one member state in another member state, lists related significant decisions of the Court of Justice of the European Union and provides critical evaluation of this procedure by specialists. The aim of Chapters four and five is introduction of regulations that came into force after the Brussels I Regulation. These are Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims and Regulation (EC) No...
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Legal limits of the cross-border movement of military materials
Matocha, Jakub ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Legal limits of the cross-border movement of military materials The global trade with military materials is an important, however often under- researched, area of academic enquiry. Such attitude is not correct, because in fact it is a massive global industry in which also Czech companies play a significant role. Given the newspaper headlines and statements of arms dealer, it is obvious there have long been unsolved problems burdening arms dealers caused especially by an inappropriate legal framework. This theses aims to provide an analysis of legal framework in respect to cross-border movement of military materials covering especially European and Czech legislation focusing on its potential limits arising and important for arms dealers. On a global international level the Arms Trade Treaty and other relevant treaties regulating international trade with military materials are identified and described. Attention is also paid to limitations of arms trade such as embargoes or restrictive measures imposed by the UN and the EU respectively as well as to limitations resulting from domestic and European legislation or from its different interpretation. In view of different legal framework this thesis strictly distinguishes whether a movement is realized, while particular law is adequately reflected. There...
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Brussels I Regulation and other procedural legislation of European private international law
Jindrová, Daniela ; Brodec, Jan (advisor) ; Kučera, Zdeněk (referee)
Regulation Brussels I and other procedural legislation of European private international law Diploma thesis is particularly focused on rules regulating jurisdiction according Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, so called Brussels I Regulation. The Brussels I Regulation represents a cornerstone of European judicial cooperation in civil and commercial matters. The main aim of my thesis is to provide comprehensive interpretation of jurisdictional rules in accordance with this regulation. The thesis is systematically divided into nine chapters. The purpose of Chapter One is to introduce a complex issue of European Private International Civil Procedure Law by way of defining the essential terms, subsuming it under the broader framework of private international law and also by describing historical development of this area. Next chapters are entirely concentrated on the Brussels I Regulation. Chapter Two addresses general aspects of this regulation. Those are development and subject matter of the regulation and interpretation of basic terms such as jurisdiction and domicile. Chapter Three deals with scope of application, the understanding of which is fundamental for a correct application. Five subsequent...
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Recognition and Enforcement of Foreign Judgements in the European Union : (International Civil Procedure Law in the European Union - Selected Issues)
Čáslavská, Eliška ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This thesis deals with the topic " Recognition and enforcement of foreign judgements in the European Union (International civil procedure law in the European Union - selected issues). Aim of my thesis is to provide systematic overview of legal rules directly applicable on recognition and enforcement of foreign judgements. The text is divided into eight main chapters, introduction and conclusion. The introduction of the thesis describes purpose of the text that is to compare particular regulations governing these questions and also defines basic terminology important for this topic. Following chapters focus on relevant regulations and have uniform structure. Opening of each chapter explains elementary characteristics of applicable regulation, reception of this regulation and its main goal. Next subchapters contain demarcation of the material competence of regulation, after that follows procedure of recognition and enforcement of foreign judgements. The chapter ends with relations to other instruments. Chapter Two concentrates on the recognition and enforcement of foreign judgements pursuant to Brussels I Regulation (Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) which is the first legal instrument in this area and...
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