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Damage compensation in cross-border cases focused on sport injuries
Stránská, Kateřina ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Poláček, Bohumil (referee)
The dissertation deals with the relationship between sport and the law, in conjunction with private international law. For more than a century sport passed through an important period of development. Many sports have been successfully forgotten, some have survived, and many can be included as the new sports with a tradition of several years or decades. Legal theory and legal practice so far took no particular need to take the issue of sports opinion. Sport is an objectively existing category in nature regardless the law. However, questions regularly associated with sports injuries and their resulting consequences emerged. The growing need for legal regulation of sport industry is primarily related to risks that sports bring to their surroundings and also to athletes. In the foreground there is the application of civil law, which affects compensation for damage to health and sports injuries. Clear solution has not been found to this day. The main goal of this thesis is to evaluate the current state winter sports legislation with an emphasis on skiing. The main topic of the dissertation is responsibility for damages in connection with ski injuries. Another objective is a certain attempt to process selected issues of mutual relations between sport and the law with a particular focus on the comparison...
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International Internet Law and Jurisdiction in Internet Related Disputes
Nováková Krajcová, Barbora ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Poláček, Bohumil (referee)
© JUDr. Barbora Krajcová Mezinárodní internetové právo a příslušnost soudu v internetových sporech ABSTRACT The aim of this dissertation thesis is to provide an analysis of International Internet Law from an electronic commerce and, in particular, procedural law perspective. The author focuses on questions relating to jurisdiction which are, according to the author's opinion, specific and controversial to electronic commerce cases. Other questions of procedural law, such as, for example, recognition and enforcement of judgments, are not analyzed in this thesis, since the author does not see any specific issues with these questions in connection with electronic commerce. The Chapter No. 1 in the theoretical portion of this dissertation thesis refers to internet as medium operating electronic commerce. The Chapter No. 2 reflects key and basic terms, contains, inter alia, definition of electronic commerce. However, this thesis analyses questions of jurisdiction the Chapter No. 3 analyses also substantive law relating to electronic commerce and the basic terms used throughout this thesis. Due understanding of substantive law (from an EU law perspective; the e-commerce directive and from an international law perspective; the UNCITRAL Convention on Use of Electronic Communications in International Contracts) its...
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The liability of the carrier in international carriage of goods (focused on carriage of goods by sea)
Lojda, Jiří ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Poláček, Bohumil (referee)
The liability of the carrier in international carriage of goods is a classical issue, which is well known, but still actual. The increasing intensity of international trade has impact on the demand for the transport services. Different rules in different legal systems constitute a hindrance for a proper functioning of international transport services. Nowadays, this problem is well solved by the international conventions containing certain rules, regarding contract of carriage in international transport of goods. However, these conventions govern the contract of carriage only in particular mode of transport which is the reason why it is necessary to describe the liability of the carrier in all these particular modes of transport. The starting point of this thesis is to describe the applicable sets of rules, which can govern the contract of carriage in international transport. Today, the relation among these sets of rules can appear be genuinely complicated. The most crucial point seems to solve the problem of relation between the conventions containing certain rules regarding contract of carriage and the legislation of the EU. In the EU, the most important sets of rules are Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to...
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Regulation of the International Private Law within the EU with a Special Focus on the Area of Labour Law
Kadlecová, Tereza ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Poláček, Bohumil (referee)
The dissertation thesis deals with the regulation of the private international law matters within EU law focusing on the area of labour law.1 The thesis is divided into four basic parts, its centrepiece being parts II and III, which are devoted to relevant general issues related to the regulation of international private law within EU law and/or to the specific legal instruments adopted in this area. Part I is an introduction of the topic, while part IV brings a résumé and a summary of findings and conclusions made throughout the thesis. First of all, the introductory part brings about a justification as to why it was European private international law and/or its part concerning labour law relationships that became the subject matter of the thesis. Emphasis is placed upon the purpose of this legal regulation, its basic features as well as its practical importance. Also, the author explains her motivation to address the concerned topic (consisting in a quite unusual interconnection of international private law and labour law), brings about a justification as for the chosen approach to the topic and outlines the systemization of her thesis. Part II of the thesis, which is devoted primarily to some selected general issues of the legal regulation of European private international law, is divided into...
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World Trade Organization and European Union - the International Trade Aspects of their Relationship
Nasková, Dominika ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Poláček, Bohumil (referee)
World Trade Organization and European Union - the International Trade Aspects of their Relationship The purpose of this thesis is to provide an overall and comparative insight into the relation of the World Trade Organization and the European Union, both being the most influential entities in scope of international trade. The relationship of these two organizations is complex and needs to be assessed with regard to various circumstances - primarily, there is a questionable relationship between the legal systems of those entities, complicated by the attitude of the European Union towards the law (or agreements) of the World Trade Organization. Secondly, both the European Union and the World Trade Organization represent individual and separate entities acting in the area of international trade and thirdly, the European Union is a Member of the World Trade Organization. All these dimensions play a key role when defining the relationship between those entities. The thesis commences (first chapter) with the overview of the development of international trade and organizations with the purpose of regulating this area. Second and third chapter deal with basic terms relating to the World Trade Organization and the European Union - their development, instruments, aims and forecasts. World Trade Organization...
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State Aid in the international law
Traurig, Vojtěch Pavel ; Pauknerová, Monika (advisor) ; Poláček, Bohumil (referee) ; Dolanská Bányaiová, Lucie (referee)
State aid law is one of the most important categories of the competition law in the European Union. The state as such has an unprecedented advantage compared to other competitors: the state disposes of a huge amount of funds which could be easily distributed in favor of the privileged undertakings. The risk of the distorting effect on competition is high; thus, strict rules are necessary. The thesis is divided into five parts: introduction, the part focusing on international treaties, the general part, specific provisions and the conclusion. Part two of this thesis deals with the respective international treaties relevant for the aid schemes. There are three groups of such international treaties: the Agreement on Subsidies and Countervailing Measures adopted in the WTO system, the anti-aid measures in the European Economic Area and the anti- subsidies mechanism towards the third countries (i.e. non-members of EEA or WTO). This part describes these three mechanisms and their common principles. Part three of the thesis is dedicated to the general provision. Section 3.1 deals with the term "state aid", describes the main criteria for qualification of the aid as a state aid incompatible with the internal market. I also focused on two judgments of the Tribunal which I considered important for the used...
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European order for payment and payment orders in the Czech Republic, France and Germany
Dolejší, Anna ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Poláček, Bohumil (referee)
Thesis Abstract The main topic of this thesis is the European order for payment procedure, which was adopted by the Regulation No. 1896/2006 of the European Parliament and of the Council (ES) creating a European order for payment procedure, adopted on 12 December 2006. This thesis describes events preceding the adoption of the Regulation, the procedure of adoption of the Regulation, as well as, development of the content of individual provisions of the Regulation and the content of the actual adopted and binding Regulation. In this thesis, the European order for payment procedure is also compared with nati- onal orders for payment procedures in the Czech Republic, France and Germany. The selection of these three countries was not unintentional. The Czech Republic was chosen because the thesis was written in the Czech language, in the Czech Republic and shall also be published in the Czech Republic, therefore the author believes the majority of potential readers know the Czech order for payment better than any other order for payment procedure. This aspect was also the main reason why the Czech order for payment is described at the beginning of this thesis. The German and French orders for payment procedures were chosen because the European Commission claims the French " injonction de payer" and the German "...
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International Power Trading Law
Vaculíková, Klára ; Pauknerová, Monika (advisor) ; Zavadilová, Marta (referee) ; Poláček, Bohumil (referee)
Faculty of Law, Charles University in Prague, Department of Commercial Law Dissertation topic: International Power Trading Law Author: Mgr. Klára Vaculíková March 2011 The purpose of the thesis was legal analysis of the power trading in the today's global world. This entails mainly the discipline of international private law. Power trading, in particular transactions on sale and purchase of electric power with an international element are subject to general rules of international private law. Nevertheless, the exceptional nature of electric power and of its disposition described in the thesis makes the area of power trading quite special sub-discipline of international private law. In the same time, very complex and significantly relevant part of the power trading, which the study cannot avoid to consider, is the regulatory framework, within which this specific sort of business is carried on. After introductory Chapter One, the thesis describes characteristic issues in the international power trading, in its Chapter Two. Chapter Three provides necessary basic conceptual classification of the given topic within the system of law. Although the main topic of this thesis is the core of the power trading business, meaning the private transactions related to electric power and their analysis, fair part...
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Distribution Agreement in the International Business Law
Navrátilová, Gabriela ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Poláček, Bohumil (referee)
of Dissertation Title: Distribution Agreement in the International Business Law Author: Mgr. Gabriela Navrátilová Tutor: Prof. JUDr. Monika Pauknerová, CSc, DSc. Legal Field: Law Institution: Charles University 1. The dissertation is divided in two parts, the first part is interested in the distribution agreement from the practical and theoretical point of view. Explication of the title distribution agreement is the substantive suppose for the understanding this institute in the field of the international business law. 2. The first part is based on the definitions of the title distribution agreement, legal provisions of each member states of the European Union, comparison and franchising agreement, with which the distribution agreement is compared. This part is divided into the divisions about distribution agreement (A), franchising agreement (B) and comparison of distribution franchising agreement. 3. Division about distribution agreement specified the legal provisions on the distribution according to the legal system of the Czech Republic, EU with the specialization on the article 4 Regulation Rome I, it investigates the rules decisive for the application of the conflicting rules of law - direct method. After that there is the legal analyze of the distribution agreement as the two or more...
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Marketing Strategy of Czech Centres
Žilková, Lucie ; Halík, Jaroslav (advisor) ; Poláček, Bohumil (referee)
The thesis proposes a marketing strategy for the Czech Centre Madrid based on the assumptions from the Strategy of Czech Centres 2012--2015. The thesis suggests new ways in which the Czech Centre Madrid can engage Czech companies in foreign presentation, new ways of external project funding, and new ways to improve the marketing communication and to strengthen the public relations of the Czech Centre Madrid.
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