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Sharia Law, particularly Islamic banking, in relations with international elements
Hrdličková, Ivana ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
Charles University in Prague Faculty of Law Abstract of the dissertation The title of the dissertation: Sharia Law, particularly Islamic banking, in relations with international elements Author: JUDr. Ivana Hrdličková Supervisor: Prof. JUDr. Monika Pauknerová, CSc., DSc. Prague, February 2012 Key words: Islamic finance, sharia, mudaraba, musharaka, murabaha, ijara, sharia compliant, international law, choice of law, contract, riba, gharar, maisir. The dissertation, Sharia law, particularly Islamic Banking in the relations with international elements, considers an actual topic and branch of islamic law. Neither islam nor islamic law is a legal system applicable at any particular territory. However, legislation of the countries with majority of muslim population, is based, more or less, on islamic law. Whereas due to migration and globalization, islamic law unavoidably interferes in international law. The legal regulation of international private law under the terms stipulated by the law leads to the use of foreign law. One can thus meet the legislation based on islamic law, including in the field of contract law. In commercial contracts, where the one side is from countries where islamic law is a source of legislation, may be the choice of law (in accordance with article 3 of Rome I), which form's the basis...
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Internet and Private International Law
Zezulka, Denisa ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
This thesis deals with the union between the most modern communication channel yet - the Internet, and private international law. This relationship is not accidental, because the Internet provides a means through which subjects are able to communicate with each other across the world. In its simplest definition, the Internet can be defined as a worldwide system of interconnected computer networks. However, from a legal perspective - the Internet is not a legal subject in its own right, it does not have any legal obligations and therefore does not exist. The Internet is however, undoubtable a part of our every day lives. The initial focus of Internet legislation was only on the technical aspects. However as the number of Internet users has grown, the need for more specialized legislation also has. Often this specialization is assembled through the interpretation of existing laws. This thesis provides a detailed mapping of such private international laws and Internet law - which should be regarded as a separate legal specialization. It is found that the Czech Constitution and other constitutional laws provide a base for private international law at the country level; The Act on Private International Law and Rules of Procedure also provides legislation, which may be regarded as specialized. At the...
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Choice of law in European context
Štefková, Elena ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
The aim of the thesis was to analyse the institute of the choice of law in european context and to indicate related pros and cons. Because of the fact that rootes for party autonomy are deepest in contractual obligations, special attention is paid to the choice of law in contractual obligations and differences between the adjustment of questions connected with choice of law in Rome Convention and Rome I regulation. The thesis itself is composed of seven chapters. Chapter One is introductory. Chapter Two is devoted to description of choice of law generally and determination of this legal institut. Chapter Three deals with adjustment of choice of law in legal resources and attention is given to their mutual relations and application. Chapter Four, which deals with contractual obligations, explores the basic principle for choice of law - party autonomy, range of this principle, limitations on choice of law, the opportunity of parties to choose non-state legal system or CISG, aspects connected with choice of law, possibilities to make explicit, implicit or hypothetical choice of law, aspects related to agreement of choice of law (such as form, validity and interpretation) and the relationship between choice of law na choice of court. Chapter Five concentrates on choice of law in noncontractual...
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Topical issues of the regulation of international air carriage: the liability of an air carrier with respect to passengers
Ajgl, Tomáš ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This thesis deals with those issues in regulation of international air carriage, which are in the centre of interest of passengers. Author focuses on two key legal instruments establishing different regimes of air carrier's liability. The first one is the Convention for the Unification of Certain Rules for International Carriage by Air, also known as the Montreal Convention. The second is European regulation no. 261/2004, also known as the Air Passengers' Rights Regulation. The key question is whether these liability regimes are completely separate or they overlap. After introductory chapter, Chapter 2 follows, dealing with historical development of legal regulation in the field of air carriage liability. Evolution of the so called Warsaw system is described and the Montreal Convention and some of the most important European regulations are presented. Next chapter focuses on theoretical aspects of air carrier's liability in the light of Czech civil law jurisprudence. These findings are applied both to the Montreal Convention and to the regulation no. 261/2004. Provisions of the Montreal Convention are examined in Chapter 4. Scope of application as well as the most problematic terms such as "accident" or "bodily injury" are discussed. Some well known courts' findings are presented to demonstrate how...
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The International Civil Procedural Law in the European Union - Selected Issues. Allianz SpA and Others v West Tankers Inc. - (a Case study)
Bartošková, Kristína ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
(EN) The aim of this thesis is to analyse a decision of the Court of Justice of the European Union ("ESD") in the case of Allianz SpA (formerly Riunione Adriatica Di Sicurta SpA) and Others v West Tankers Inc. ("West Tankers"), in which the Court ruled that an anti- suit injunction, issued to enforce an arbitration agreement, is incompatible with the Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ("Brussels I Regulation"). The thesis is divided into eight chapters, whereas as to the methodology, a case study approach is applied. The first chapter is an introduction to the legal context of the dispute, with determination of the relevant law and legal concepts. The most important legal concept is the power to grant an anti-suit injunction, which could be defined as an order preventing a party from beginning or continuing to commence legal proceedings in another forum. The second chapter deals with the use of anti-suit injunctions by the English courts prior West Tankers decision with a special emphasis on its compatibility with the Brussels I Regulation. Also, we will introduce the abusive delaying tactics of "torpedo actions", as well as the problems caused by the interpretation of the arbitration exception...
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International sale contract
Koričanská, Marie ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
The purpose my thesis is to analyse the substantive and temporal scope of application of selected general binding rules governing the international sales contract and to analyse their mutual relations. The work is composed of six chapters, each of them dealing with a different issue of international sales contract. The first chapter deals with the definition of the term international sales contract in view of the practical and theoretical understanding, because the definition of an international sales contract has its own specifics in contrast to the definition of a sales contract in Czech law. The second chapter discusses the basic approaches of legal regulation in private international law and outlines the basic advantages and disadvantages of specific approaches of legal regulation in private international law in view of the international sales contract in this section. I put this chapter into my work for the better understanding and orientation of reader in issue of general regulation of international sales contract. The third chapter deals with the substantive, temporal and personal scope of application of the Czech Act on Private International Law in view of the international sales contract. The fourth chapter discusses the substantive, temporal and personal scope of application of the Rome...
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Liability in international air transport
Novotná, Klára ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
en.docx Abstracts Adjustment of legal relations in international air transportation, which includes the regulation of liability in international air transport is a typical example of the arrangement of relations with an international element. Their treatment is part of private international law. Adjustment of liability for international air transport is, from the point of treatment methods used, direct treatment, and is part of the multilateral international treaties also called unification. These international treaties are the material law and for the parties are binding because they become part of their national law. Legal regulation of liability in international air transport is currently include in legislation contained in the Warsaw Convention, the Montreal Convention and European regulations (Regulation No. 261/2004, Regulation No.2027/97 and Regulation No. 1107 /2006). From the point of the contractual arrangements of a single unification is currently the primary source of law in international air transport arrangements contained in the Montreal Convention, after European regulation and in last place is rule contained in the Warsaw Convention. Unified treatment of liability in international transport gradually unified definition of terms in international air transport, shipping documents,...
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International sales contract
Petráček, Vladimír ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
The purpose of my thesis is to analyse the scope of application of the UN Convention on Contracts for the International Sale of Goods ("CISG"). The reason for my research is the wide use of the CISG in international trade. Therefore, it is necessary to know exactly when the CISG is applicable. The thesis is composed of four chapters, each of them dealing with a different aspect of international sales contracts. Chapter One is introductory and defines the basic concept of regular and international sales contract in Czech law and legal literature, taking into account the upcoming recodification of the Czech Civil Code. Chapter Two examines the basic approaches of legal regulation in private international law. After a brief theoretical introduction, special attention is paid to various Czech and international legal instruments governing contracts for the international sale of goods. In Chapter Three, I explore the basic requirements for application of the CISG. Using scholarly literature as well as case law, I characterise the concepts of sales contract, goods, place of business, contracting states and party autonomy. Consideration is also given to the material scope of application of the CISG. The existence of controversial issues related to this question is shown on the topic of interest for any sum...
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International trade with explosives from the perspective of Czech law and European union law
Neustupný, Martin ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The aim of this thesis is to realize description and analysis of the legal regulation of international trade with explosives, concentrated on the European community law and the Czech law. The thesis is focused on public law regulations of this issue with consideration of all partial aspects, including historical connections, because the legal regulations of explosives have several hundred years lasting history. The introduction describes the basic historical changes of the explosives issue from both the technical and legal points of view, focusing on Czech and British legal regulation. This part is followed by the theoretical categorization of legal regulation of the trade with explosives in the system of international trade law and by a survey of most important legal rules of international, European community and Czech law, regulating this legal branch. In the next chapters my thesis goes on with the analysis of valid legal rules, relating to individual partial issues such as a definition of the subjects authorized to explosives treatment, legal regulation of international trade with explosives for civilian use, international trade with explosives for military use and launching of explosives on European market. The prevention of the misuse of explosives for criminal delicts is represented in this thesis by...
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