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International abduction of children and private international law
Hakobjan, Suzana ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
International Child Abduction and International Private Law The aim of this thesis is to provide an overall insight into the issue of the International Child Abduction and to analyse the relevant instruments of law which desire to protect the child and other victims of abduction and to avoid harmful effects the abductions may have. In that context the thesis mentions the most important conventions which apply in this field. Among those legislations belongs first of all the Hague Convention on the Civil Aspects of International Child Abduction 1980 (hereafter as Hague Convention), also the Convention on the Rights of the Child (hereafter as CRC) and the Convention for the Protection of Human Rights and Fundamental Freedoms (hereafter as ECHR). This thesis constitutes a complete and methodical overview of the return procedure under the Hague Convention. In the meantime it tries to point out some underlying issues which the Hague Convention failed to codify. This gaps in legislation and an absence of a single court to give an authoritative rulings on the interpretation of the Hague Convention cause that it lacks uniform application in practice. The thesis supports its conclusions by referring to the Jurisprudence of the European Court of Human Rights and offers to the reader various solutions of basic...
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Selected questions of the international sports law
Vybíral, Petr ; Brodec, Jan (referee) ; Pauknerová, Monika (referee)
The theme of the rigorous thesis is selected questions of the international sports law. Sports activity indeed starts at the level of particular states, but in connection with professional sportsmen's easy cross-border movement and with regard to unifying sports rules it is necessary to emphasize its international nature. Even it may be questionable to talk about international sports law it is not important to this paper, because the main purpose of the thesis is to deal with basic relations which are setting in sport with international element and to legally subsume them. As international sports law is newly aborning subject it is quite difficult to give it rational sort. This thesis is split into six chapters which are subdivided into subchapters, except for the first one. First chapter is generally about sport. The second concerns with the grounds of international sports law. Chapter three comprises sources of law that are associated with sport. Chapter four is focused on the professional athletes, their status and their activity. Fifth chapter deals with the organization of sporting activities. The last one is aimed at the settlement of disputes in sports area. The main conclusions of the thesis are following. Because of the system of sports organization we can say that it is possible to see...
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Right of establishment in international private law
Štaňko, Andrej ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Right of establishment in International Private Law Private companies act in the international context more intensively than any time before. There are many ways how to act on the international market. One solution is to establish a branch or a representation office instead of establishing a brand new company. The right to act in the international context using branch companies and transfer of seat is known as the freedom of establishment. The thesis covers main issues concerning the freedom of establishment and also discusses the case law issued by the Court of Justice of the European Union. The comparative view of the seat and incorporation principles is used in the thesis. With a greater detail to the Czech law, the issue of the foreign companies' recognition is discussed. The Czech law recognizes foreign companies even in the form in which it is no longer possible to establish new company in the Czech Republic. In this regard basic elements of the bare trust are discussed. The case law of the the Court of Justice of the European Communities opened Europe's corporate space and allowed the competition between the national jurisdictions to begin. Author compares situation arised on the European market with the situation in the US. As an evidence of the distinction between different US states'...
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Transfer of the Seat of the Company within the European Union
Mišutová, Pavlína ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Subject of this thesis are contemporaneous possibilities for companies to transfer their seat outside the state of incorporation. Recently, there has been a dramatic development in private law as well as in national company laws, mainly because of the judgements of the Court of Justice of the European Union. Corporate mobility comprises the possibility to transfer a company from one state to another. Crucial issue is the transfer of the seat of the company in connection with the freedom of establishment. The Court had already given rulings on the transfer of company's seat in several judgments; however, this thesis concerns particularly the latest judgment - Cartesio. In this case the Court dealt with the question whether the freedom of establishment governed by the European law shall be interpreted broad enough to include the right of companies to transfer their real seat (their head office) or their legal and real seats (their registered seat and head office) from one member state of the EU to another. The key question is, whether the Cartesio judgment contributed to the corporate mobility and if so, the scope of such contribution. For better understanding of corporate mobility, the first part explains particular terms used and hidden implications. First part therefore describes the conflict of...
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Topical issues of the regulation of international air transport
Vlčková, Lenka ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
Current issues in regulation of international carriage by air - Summary The purpose of my thesis is to analyze the basic questions relating to international carriage by air. This term provides a wide range of situations and possible scenarios but I have primarily focused on the liability of carriers and liability limits. Thanks to the quick progression and technological improvements to which the transportation by air of past years had to face, this issue gained very fast an international character. The air law community was forced to handle the newly born task of coming issues as soon as possible. Warsaw Convention 1929 was the first uniform instrument which offered an acceptable body of rules governing the liability of carriers in international carriage by air and became a guarantee for passengers. But because its provisions regarding the liability quit promptly did not meet the practical needs of the modern air world, additional protocols and conventions started to operate in this field as the result of those old-fashioned provisions and sometimes too much extended requirements on transport documents. The main problems of the frontier Convention were too much protective provisions of airlines. Montreal convention is the main international instrument of these days bringing certainty into the principles of...
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The Rome Convention and Rome I Regulation on the law applicable to contractual obligations
Šarochová, Lucie ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Rome Convention and Rome I Regulation on the law applicable to contractual obligations From 17 December 2009 the courts of all EU Member States other than Denmark are obliged to determine the applicable law for contracts with an international element entered into on or after this date on the basis of a Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (the Regulation). The Regulation applies to most commercial and civil law contracts. These rules are not a radical departure from the rules previously applicable in the Czech Republic, i.e. the Rome Convention on the law applicable to contractual obligations from 1980 (the Convention). The Convention was published in the Collection of the International Treaties as notification No 64/2006 Coll. and it applies to contracts concluded after 1 July 2006. Where neither the Convention nor the Regulation applies, the Czech courts will generally look to the relevant national law, Act No 97/1963 Coll. on Private International and Procedural Law as amended. The purpose of this thesis was to provide an overview of some of the most important provisions of the Regulation in comparison to the Convention, to highlight the areas of change in this new instrument. The first part of the...
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The European payment order and the European proceedings for small claims
Chmelík, Jakub Evan ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Dolanská Bányaiová, Lucie (referee)
Faculty of Law, Charles University in Prague, Department of Commercial Law Dissertation topic: European Order for Payment and European Small Claims Procedure Author: Mgr. Ing. Jakub E. Chmelík, LL.M. June 2010 1 General Overview The topic of my dissertation work is European Order for Payment and European Small Claims Procedure. In particular, I examine two European regulations relating to European private international law: (i) Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure and (ii) Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure. An older Czech translation of the term "European Small Claims Procedure" (Evropské řízení o drobných pohledávkách) essentially corresponds to the current official Czech translation (Evropské řízení o drobných nárocích). 2 Aim, Structure and Content The aim of my research is to analyze the legal provision of the European order for payment and the European small claims procedure. As a part of this analysis, I also attempt to describe the key correlations between these two regulations and Czech civil procedure regulations. Another aim of my research is to compare European regulation with...
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Proper law of contract under the Rome Convention and the Rome I Regulation
Kutová, Karolina ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The aim of my thesis is to analyze the proper law under the Rome Convention and the Rome I Regulation and find out the differences and similarities between them. The reasons for my research are my interest in this topic and importance of such legal forms for contractual obligations mentioned above for the development of the European Union. The thesis is composed of introduction, four parts and conclusion. Parts One and Two are general and introductory. The core of this thesis is represented by the part Three, which has analytic character, and the part Four, which is summarizing the previous text. Part One is subdivided into five chapters. Chapter One describes Private International Law and explains the notion and methods of regulation. Chapters Two, Three, Four and Five deal with the European Private International Law (EPIL). They characterize notion, meaning, and sources of law and principles of application of EPIL. Part Two is concerned with the Rome Convention and the Rome I Regulation in general. It outlines creation, structure, scope of the Convention and the Regulation; and describes international element. Part Three being subdivided into four chapters analyzes the proper law of contract under the Rome Convention and the Rome I Regulation. It focuses on ascertaining of the applicable law for...
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International convention CMR - actual questions
Musilová, Jana ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The international carriage of goods takes up a significant position in time of developing business relations and in fact it is not even possible to imagine the interstate commerce without it. In the European continent it is the international carriage of goods by road which is preferred for its availability, flexibility and easy utility. With the view of standardizing the conditions governing the contract for the international carriage of goods by road the Convention on the Contract for the International Carriage of Goods by Road (CMR) was adopted at Geneva 19 May 1956 (registered ex officio on 2 July 1961, United nations - Treaty Series 1961). This convention came into force on 2 July 1961 (for the former Czechoslovak Socialistic Republic on 3 December 1974). Fifty-five Contracting Parties have accessed it till this time. After more than 50 years from the time of its adoption the CMR Convention remains respectable internationally and it is still a broadly applicable and stable regulation. It was amended once only by The Protocol to The Convention on The Contract for the International Carriage of Goods by Road (CMR) done at Geneva 5 July 1978. Within the application of the CMR Convention it is still possible to find a lot of questions at issue, the author of this work deals with the most up-to-date...
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European private international law - selected issues: conflict of laws regarding contractual obligations in the Rome Convention and Rome I Regulation
Vojta, Martin ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
European Private International Law - Selected Issues: Law Applicable to Contractual Obligations in the Rome Convention and the Rome I Regulation Abstract: The aim of this thesis is to compare the two currently most important regulations concerning unification of the conflict of laws rules for contractual obligations in the EU - The Rome Convention and the Rome I Regulation. The former had since 1. July 2006 replaced the Czech Private International Law Act 1963 before being itself replaced by the latter, starting from 18. December 2009. With regard to non-retroactivity, both regulations will be in practice used alongside one another for a while, including the old Czech Private International Law Act 1963, but only in areas outside the material scope of both the Rome Convention and the Rome I Regulation. The thesis deals with major aspects of both regulations connected with choice of law, limitations thereof, and rules in the absence of a choice of law. Current conflict-of- laws rules rest on four main principles: 1) autonomy of the parties to choose the applicable law; 2) a unified system of conflict rules in the absence of a choice of law; 3) limitations for the protection of the weaker party or public policy; 4) ECJ's power of binding interpretations of both regulations to ensure uniform application. The...
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