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Lex Mercatoria in international business transactions
Kadiev, Akbulat ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
This Master's Thesis deals with the application of the concept of lex mercatoria in process of contracting process and in the dispute resolution, particularly in international commercial arbitration. The first chapter briefly describes the historical development of lex mercatoria and examines in detail the circumstances of the establishment of modern lex mercatoria . Further, the Thesis describes the general methods of regulation of the private relations with an international element. In connection with the use of lex mercatoria in the process of contracting the specific attention is given to the choice of applicable law by reference to certain rules of lex mercatoria. The criticism of such choice-of-law method is analysed, as well as its justification and also the requirements for the validity of such choice-of-law method. The second half of the Thesis is dedicated to a particular formalized rules of lex mercatoria, as well as to their legal grounds in Czech law, and also to some legislative changes in the Czech Republic after January 1, 2014, relevant to the lex mercatoria. The final chapter addresses the practical application of lex mercatoria in the international commercial arbitration. The chapter begins with a brief and general introduction to the international commercial arbitration....
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The New Lex Mercatoria
Vítek, Michal ; Dobiáš, Petr (advisor) ; Pauknerová, Monika (referee)
NLM Abstract The topic of lex mercatoria does not represent any new nor revolutionary concept for the legal science, on the contrary it is a concept present in the european legal thinking since the middle ages. Despite of that it still remains without a clear and comprehensible theoretical framework thus in a stage of some sort of a legal hypothesis. This rigorous thesis describes in its five chapters the topic of lex mercatoria - specifically its up to date form: New Lex Mercatoria - not as a concept but as an applicable law and within the extent of this thesis attempts to come up with both the reasons for such perspective as well as with those which oppose it. For this reason it answers the following basic questions: Does a clear concept of the New Lex Mercatoria exist? Does such law have the historical continuity? Does such law have any clear distinctivness when compared to the legal orders of national states? Which norms create such legal order and who and under which conditions does enforce them?
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Lex Mercatoria in international business transactions
Kadiev, Akbulat ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
This Master's Thesis deals with the application of the concept of lex mercatoria in process of contracting process and in the dispute resolution, particularly in international commercial arbitration. The first chapter briefly describes the historical development of lex mercatoria and examines in detail the circumstances of the establishment of modern lex mercatoria . Further, the Thesis describes the general methods of regulation of the private relations with an international element. In connection with the use of lex mercatoria in the process of contracting the specific attention is given to the choice of applicable law by reference to certain rules of lex mercatoria. The criticism of such choice-of-law method is analysed, as well as its justification and also the requirements for the validity of such choice-of-law method. The second half of the Thesis is dedicated to a particular formalized rules of lex mercatoria, as well as to their legal grounds in Czech law, and also to some legislative changes in the Czech Republic after January 1, 2014, relevant to the lex mercatoria. The final chapter addresses the practical application of lex mercatoria in the international commercial arbitration. The chapter begins with a brief and general introduction to the international commercial arbitration....
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