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International Court Jurisdiction in Contractual Disputes
Vraspír, Filip ; Zavadilová, Marta (advisor) ; Brodec, Jan (referee)
International Court Jurisdiction in Contractual Disputes Abstract The master thesis deals with the topic of international jurisdiction in contractual disputes with an international element. The aim of the thesis is to describe and analyse the legal framework of the topic at the level of national legislation, the rules in some international treaties and, in particular, the Brussels I Recast Regulation, which is the most important legal instrument of this framework from the point of view of persons living or domiciled in the territory of the European Union. A partial objective of the thesis is also the analysis of certain rules of international jurisdiction in contractual disputes in terms of their exorbitance, which may result in the refusal to recognise and enforce a foreign judgment. The first chapter of the thesis aims at describing the relevant rules for establishing the jurisdiction of courts in contractual disputes with an international element on the basis of national rules in the Czech Republic and the United Kingdom. It also compares these rules with each other and with the rules on international jurisdiction in the Brussels I Recast Regulation. The chapter also introduces the Hague Conference project on the unification of the rules for the mutual recognition and enforcement of foreign judgments, of...
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Reservation of public policy in private international law
Šedivková, Anna Marie ; Pfeiffer, Magdalena (advisor) ; Zavadilová, Marta (referee)
Reservation of public policy in private international law Abstract This thesis aims to explore the issue of public policy reservation (ordre public) in private international law. The thesis analyses various aspects of public policy reservation and its application in the context of private international law, with an emphasis on the Czech legal environment. The thesis consists of five chapters, in the first chapter the concept of public policy in private international law is theoretically defined and its possible classification is presented. A separate subchapter focuses on the concept of public policy in European law and the case law of the European Court of Human Rights. Furthermore, the thesis analyses the formal sources of law establishing the public policy reservation at the international, European and national level, as well as the conditions of application of the public policy reservation in Czech law. The principle of restrictive interpretation is analysed in more detail and the relativity doctrine is also analysed. Furthermore, the thesis deals with two modalities of the use of the public policy exception: as a ground for refusal to apply a rule of foreign applicable law and as a ground for refusal to recognise and enforce a foreign judgment in the Czech Republic. The last chapter examines the scope...
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Rights of passengers in international air transport and the influence of COVID-19 pandemic
Čermák, Filip ; Pauknerová, Monika (advisor) ; Zavadilová, Marta (referee)
Rights of passengers in international air transport and the influence of COVID- 19 pandemic Abstract The thesis is devoted to the legal regulation of the relationship between passengers and air carriers in air passenger transport. The text is set in a general historical framework, which illustrates the rapid development of air transport from the 1920s to the present day, with special emphasis on the modern era. One of the aims of the study is to show how difficult it is for the legislator to respond to ongoing changes in the industry as well as unexpected events such as the COVID-19 pandemic. The central theme is then the analysis of Regulation 261/2004 of the European Parliament and of the Council, one of the most important pieces of legislation on the relationship between passengers and air carriers. The thesis presents the system of regulation enshrined in this Regulation, its strengths and weaknesses - taking into account the extensive case law of the Court of Justice of the European Union - and shows the impact of the above-mentioned pandemic in this area (the common cancellations of flights due to anti-epidemic measures led to frequent application of Regulation 261/2004 and to heated debates on some of the newly emerging controversial issues). It is pointed out that the problematic aspects of the...
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The law governing obligations with an international element
Anděl, David ; Pfeiffer, Magdalena (advisor) ; Zavadilová, Marta (referee)
The law governing obligations with an international element This master thesis deals with the legal regulation of the law applicable to obligations with an international element. It focuses in particular on the Rome I Regulation as the dominant law regulation for the regulation of the law applicable to contractual obligations with an international element. The thesis is divided into 4 chapters. The first chapter deals with the various sources of law governing the issue. The Rome I Regulation is highlighted and its historical development is briefly described. In particular, the transition from the Rome Convention, an international source of law, to the Rome I Regulation, a piece of secondary European law, is presented. Afterwards the Rome I Regulation is compared with other competing legislation and it is explained how they relate to each other. At the national level, ZMPS and its relationship with other relevant legislation is mentioned. As the ZMPS is a residual norm in the field of contractual obligations with an international element, it is not discussed in detail. The second chapter focuses on the scope of the Rome I Regulation. The concept of a contractual obligation and its autonomous interpretation are explained. It is shown in which cases the Rome I Regulation will apply. The third chapter...
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Selected issues of international law of succession
Zahrada, Tomáš ; Pfeiffer, Magdalena (advisor) ; Zavadilová, Marta (referee)
Selected Issues of International Law of Succession The topic of this thesis is selected issues of international law of succession. These primarily target European succession law and its basic principles regulated by Regulation (EU) No 650/2012 of the European Parliament and the Council of 4 July 2012. Using the literature and case law of national and international courts, the author provides a brief insight into the basic principles contained in the individual provisions of the legislation and answers the question of to what extent they provide legal certainty and predictability to the testator and other persons when trying to plan an inheritance with an international element. In examining the shortcomings of the current European succession law in the context of legal certainty and predictability, the author compares the various expert opinions on the subject and adds his perspective. The thesis consists of three chapters, further divided into subchapters. In the first chapter, the author discusses the reasons for adopting legislation in the field of succession with an international element and then introduces the various sources of European succession law. In the second chapter, the author briefly describes the basic principles of European succession law, namely the uniform succession statute, the...
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Recognition of foreign adoption by same-sex couples
Kozubík, Jan ; Pfeiffer, Magdalena (advisor) ; Zavadilová, Marta (referee)
Recognition of foreign adoptions by same-sex couples Abstract The thesis deals with one of the current issues of regulation of parenthood in private international law, namely the recognition of foreign adoption by same-sex couples. In the context of population migration, which is - within Europe - further intensified by free movement between the Member States of the European Union, the issue of recognition of foreign adoption by same- sex couples appears to be highly topical. Especially in light of the continuing liberalisation of the regulation of parenthood of same-sex couples in the countries of Western Europe and Scandinavia on the one hand, and the conservative approach of the countries of Eastern Europe on the other. This situation has resulted in several major decisions of national and international courts, which will be discussed in detail in the thesis, as well as legislative proposals at national, European and international level. The thesis aims to provide an overview of the regulation of the recognition of foreign adoption of same-sex couples and related case law and legislative proposals, primarily from the perspective of the Czech Republic. The text is divided into four chapters, an introduction and a conclusion. First, I define adoption as a form of legal parenthood, provide an overview of...
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Institutional arbitration
Šťástková, Andrea ; Brodec, Jan (advisor) ; Zavadilová, Marta (referee)
Institutional arbitration The topic of this diploma thesis is arbitration, in particular one of its types known as institutional arbitration that exists next to ad hoc arbitration. The diploma thesis concentrates on the comparison of arbitration in the Czech Republic and Finland. The subject of comparison is the legal framework applicable to arbitration in these two countries. The main focus of the diploma thesis is on the comparison of the Rules of the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic with the Rules of the Finnish Arbitration Institute. The aim of the diploma thesis is to find out similarities as well as differences in the legal framework in Czech Republic through the comparison of selected institutes. The author of the diploma thesis tries to find an answer to the question, whether are both selected countries equally pro-arbitration. The diploma thesis is divided into seven chapters, which are further divided in subchapters. The content of each chapter can be found below. The first chapter describes the history of arbitration in the territory of today's Czech Republic. In the second chapter, the concept of arbitration, international arbitration and international commercial arbitration are explained....
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The regulation of international jurisdiction of courts in proceedings to settle the relationship to minor children and in divorce proceedings
Štětinová, Marie ; Zavadilová, Marta (advisor) ; Pfeiffer, Magdalena (referee)
The regulation of international jurisdiction of courts in proceedings to settle the relationship to minor children and in divorce proceedings The thesis aims to analyse current legal regulation of international jurisdiction of courts in proceedings settling the relationship to minor children during their parents' divorce, which is to be found mainly in the regulations of the European Union, in international conventions and in the Czech law. The relevant legal regulation is then closely examined in order to assess whether and under which circumstances is it possible to determine international jurisdiction of courts in one country both in divorce proceedings and in proceedings to settle the relationship to minor children, regarding mainly matters of the parental responsibility and matters of maintenance obligation from parents towards children. The first chapter of the thesis is focused on explanation of used legal terms, as international private and procedural law and international jurisdiction. There is also a summary of the sources of law which are analysed in the following chapters. The second chapter analyses the relevant sources of law and its provisions which deal with procedural aspects of international family law and explains the term parental responsibility. The third chapter is closely...
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Rules of conflict of laws applicable to contractual obligations in the USA
Němečková, Pavla ; Bříza, Petr (advisor) ; Zavadilová, Marta (referee)
Conflict of laws in contracts in the USA Abstract This thesis is focused on Conflict of Laws in the area of contractual relationship in the United States of America. Selected issues are being compared with law of the European Union. The First Chapter elaborates on the specific issues in Conflict of Laws, which are typical for the USA. These are mainly caused by the fact that within the USA, two separate legal systems operate on different levels - state and federal law. These specific issues also include the so- called idea of law-market or forum-shopping. Then I briefly summarize the history of American Conflict of Laws and describe the approaches that bear importance for the development of Conflict of Laws. The Second Chapter is focused on party autonomy in choice of law, its permissibility and limitations. Having used recent case law, I outline the approach to autonomous choice of law in certain types of contracts. The end of Chapter Two is about autonomous choice of law under the Uniform Commercial Code, which harmonizes the area of commercial law and which has been accepted in all American states. The Third Chapter deals with the absence of choice of law and finding the applicable law. I described the most widely used method under the Second Restatement, then the method under First Restatement and also...
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Choice of forum agreements in private international law
Jančar, Tomáš ; Pfeiffer, Magdalena (advisor) ; Zavadilová, Marta (referee)
Choice of forum agreements in private international law Abstract This diploma thesis deals with the choice of forum agreement as one of the rules of international jurisdiction. It focuses on the rules of choice of court in civil and commercial matters in the Brussels Ibis regulation and the Hague Convention on Choice of Court Agreements. Its aim is to analyse if these instruments provide sufficient legal framework. First chapter provides insight into the issue of the choice of forum agreement. It explains its essence of a subjective jurisdiction rule, describes its benefits for participants of private law relationships, presents its types, and analyses its admissibility in individual private law areas. Second chapter enlists the sources of law which govern the choice of court agreements in the Czech Republic while briefly outlining their historical development. The sources are divided into three groups, based on their national, international, or European origin, with their mutual relationships and application primacy explained. Third chapter focuses on legal framework of choice of forum agreement in the Brussels Ibis regulation. Its scope of application in relation to the choice of court is described with attention placed on the existence of international element. It is followed by an analysis of the...
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