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Current issues of recognition and enforcement of foreign arbitral awards in comparative practice
Mládková, Karolína ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Current issues of recognition and enforcement of foreign arbitral awards in comparative practice Abstract This thesis deals with current issues of recognition and enforcement of foreign arbitral awards in the Czech legal system, the recent case law of both Czech and foreign courts, and legislative development in this area. In particular, it examines the possibilities of enforcement of foreign arbitral awards in the Czech Republic. Moreover, it compares the Czech legal regulation and the legal regulation of recognition and enforcement of foreign arbitral awards of the Federal Republic of Germany. The first chapter provides general characteristics of arbitration and enforcement proceedings, institutes of recognition and enforcement of arbitral awards, and presents relevant international and national legal sources of recognition and enforcement of foreign arbitral awards. The second chapter deals with the legal regulation of recognition and enforcement of foreign arbitral awards under Czech law. Besides the description of procedural legal rules, it contains an analysis of relevant national case law, especially in relation to the possibilities of enforcement of foreign arbitral awards before Czech courts and other enforcement authorities. It is further followed by an analysis of the most important conclusions...
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New technologies and private international law
Nekvasilová, Adéla ; Bříza, Petr (advisor) ; Pauknerová, Monika (referee)
New technologies and private international law Abstract This thesis aims to explore the impact of new technologies on the field of private international law. In particular, it analyses the different legal areas that have been affected by digitalization and the challenges that arise as a result of this process in terms of how to regulate the issue from a legal perspective. The aim of the thesis is to analyse the existing legal framework with a focus on EU legislation and to assess its application to legal actions arising in the digital environment. The thesis also deals with the legal regulation of international trade and distributed ledger technology (blockchain) and its aspects in relation to private international law. Last but not least, the thesis analyses the development of the case law of the CJEU on the issue. The thesis discusses the principles of personality and territoriality in relation to the online environment and different perspectives on the grasp of this principle and the possibilities to locate legal actions on the Internet. The reader will be introduced to the case law of the CJEU, which over the years has dealt with the interpretation of each of the key institutes and their relevance in the online environment. However, the work also includes various divergent views of experts and theorists...
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International contract of sale
Matějka, Tomáš ; Pauknerová, Monika (advisor) ; Bříza, Petr (referee)
International Contract of Sale Abstract The international contract of sale is the basic instrument through which international trade takes place. However, due to its international nature, there is a lot of uncertainty associated with concluding and fulfilling obligations under an international contract of sale. This uncertainty may arise particularly from the fact that the parties to an international contract of sale do not know which law is to govern the agreement and which law will therefore be applicable to it. This thesis deals with the issues of the applicable law of the international contract of sale. Firstly, attention is paid to the general methods according to which the applicable law for the international contract of sale is determined. These are the collision method and the direct method. Subsequently, the sources of law that are important in terms of these methods in the environment of the Czech Republic are analyzed. The main part of the thesis is devoted to the collision legislation contained in the Rome I Regulation, which is the most important source of law that regulates this issue within the European Union. Relevant international conventions concluded between the Czech Republic and some third countries as well as the Private International Law Act are also analyzed. From the sources of law,...
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International contract of sale
Chvojka, Michal ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
International Sales Contract Abstract The thesis deals with the issue of liability for a breach of an international sale contract in case the fulfillment of a contractual obligation is prevented or made significantly more onerous by events beyond the control of contracting parties. The aim of the thesis is to determine whether the United Nations Convention on Contracts for the International Sale of Goods (hereinafter referred to as the "CISG") also applies to hardship, which is a situation where a change of circumstances causes a fundamental imbalance between the parties. Firstly, the thesis covers general topics related to the international sales contract and the CISG as the most important source of law governing this area, while the attention is particularly aimed at its historical development and scope of application. This is followed by the chapter dealing with damages under the CISG together with an analysis of Articles 79 and 80, which regulate the liability exclusion of contracting parties including the conditions necessary for the application of these provisions. The second half of the thesis introduces the concept of hardship, its legal consequences and extension in national legal systems as well as at the international level. Then, specific theories concerning the relationship between a...
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Current issues of international carriage by air
Kalašnikovová, Anna ; Pauknerová, Monika (advisor) ; Bříza, Petr (referee)
1 Current issues of international carriage by air Abstract The topic of this diploma thesis is Current issues of international carriage by air. Certainly, many interesting legal topics could be found within this theme, however the author chose to focus specifically on the concrete issue of air carrier liability for passenger injuries pursuant to Article 17 of Warsaw Convention and Article 17 (1) of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air. The thesis is divided into four chapters. The first chapter presents the legal framework for the regulation of international private aviation law. The individual legal sources of the Warsaw System and the Montreal Convention, their scope and relations between these sources and the law of the European Union are presented. The second chapter deals in general with the liability of the air carrier under the Warsaw and Montreal Conventions. It defines the types of air carrier's liability covered by these conventions, the limits of air carrier's liability and the procedural aspects of the recovery of claims under the Warsaw and Montreal Conventions. In the third chapter, the author writes about the air carrier's liability for passenger injuries under the Warsaw and Montreal Convention, with a focus on defining the key terms...
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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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Applicability of the United Nations Convention on Contracts for the International Sale of Goods focusing on licence agreements and software
Rýdl, Jiří ; Bříza, Petr (advisor) ; Pauknerová, Monika (referee)
Applicability of the United Nations Convention on Contracts for the International Sale of Goods focusing on licence agreements and software Abstract The first three chapters deal with the requirements of applicability of the United Nations Convention on Contracts for the International Sale of Goods ("Vienna Convention"). The general aim is to describe the requirements, to identify the interpretative problems associated with this area and to critically evaluate the different doctrinal and case-law approaches to these problems. The individual chapters deal successively with the positive definition of the scope of the Vienna Convention, the negative definition of its scope, and finally with the possibilities for the contracting parties to influence the application of the Vienna Convention. In particular, attention is paid in this part to the definition of the terms that are central to the assessment of applicability of the Vienna Convention yet are not defined by the Vienna Convention itself. These are primarily the concepts of goods and contracts of sale contained in Article 1 of the Vienna Convention or the concepts of the substantial part of the materials necessary for production, and the preponderant part of the obligations, which are used in Article 3 of the Vienna Convention. Closer attention is also...
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Trusts in private international law
Kočí, David ; Zavadilová, Marta (advisor) ; Pauknerová, Monika (referee)
114 TRUSTS IN PRIVATE INTERNATIONAL LAW ABSTRACT This thesis aims to expound and analyse the trust legislation in the context of International Private Law as well as to describe its key features in Czech Private Law for particular purposes. The first chapter summarizes the development of trust and description of its historical forms. The second chapter is dedicated to the thorough description of Czech substantive law on trusts governed by the Civil Code and the legislation contained in Act on the Public Registers of Legal and Natural Persons and on the Register of Trusts and Act on the Register of Beneficial Owners. Slight deficiencies have been encountered in national legislation, for instance, the incompatibility of Act on the Register of Beneficial Owners, Act governing private international law, and Act on the Public Registers of Legal and Natural Persons and on the Register of Trusts when it comes to foreign trusts or the unsatisfactory regulation of the administration of trusts by legal persons. The third chapter, devoted to the Private International Law, not only interprets the statutory provisions contained in the Act on Private International Law but also analyses the European Private International Law and the Hague Convention on the Law Applicable to Trusts and on their Recognition from 1985. In...
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