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New technologies and private international law
Nekvasilová, Adéla ; Bříza, Petr (advisor) ; Pauknerová, Monika (referee)
New technologies and private international law Abstract This thesis aims to explore the impact of new technologies on the field of private international law. In particular, it analyses the different legal areas that have been affected by digitalization and the challenges that arise as a result of this process in terms of how to regulate the issue from a legal perspective. The aim of the thesis is to analyse the existing legal framework with a focus on EU legislation and to assess its application to legal actions arising in the digital environment. The thesis also deals with the legal regulation of international trade and distributed ledger technology (blockchain) and its aspects in relation to private international law. Last but not least, the thesis analyses the development of the case law of the CJEU on the issue. The thesis discusses the principles of personality and territoriality in relation to the online environment and different perspectives on the grasp of this principle and the possibilities to locate legal actions on the Internet. The reader will be introduced to the case law of the CJEU, which over the years has dealt with the interpretation of each of the key institutes and their relevance in the online environment. However, the work also includes various divergent views of experts and theorists...
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Private international law in South Korea compared to Czech legal regulation
Cha, Ji Yun ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
[Private International Law in South Korea Compared to Czech Legal Regulation] Abstract The thesis deals with Private International Law of South Korea and sets as its goal to give a comprehensive overview on Korean Private International Law. Its another goal to be set is to make a comparison between Korean and Czech Private International Law. The thesis consists of an introduction, five chapters and a conclusion. The first chapter focuses on the term of ‚Private International Law' in South Korea and the Czech Republic, giving a good theoretical starting point to understand the topic of the paper. Besides, it deals with the position of Private International Law in legal system of each country as well. The second chapter looks into and compares the ways how the law of each country regulates private legal relations with foreign factors and provides so the theoretical basis for understanding of the work. The third chapter deals with legal sources of Private International Law of each country. It points out differences and similarities between various legal sources that are valid for each country. The fourth chapter focuses on Korean Private International Law Act. The author analyses and provides with a concise explanation of Articles of the Act while making simple comparison between Korean and Czech or European...
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Mandatory rules in the international commercial relations
Kolářová, Anna Anežka ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The aim of the thesis is to define the cathegory of peremptory rules in private international law and to describe their specific use in the commercial domain compared to business to consumer contractual relations. The reason for my research was my concern for the conflict between the formal possibility to conclude a contract and the actual enforceability of the contractual claims before a court or before alternative dispute resolution bodies in the domain of private international law. A major part of the thesis uses an analytical approach and a grammatical, teleological and logical interpretation of the mentioned legal instruments. The final part is grounded on the legal comparation of several laws across different countries and thus demonstrating how different approaches to peremtory rules may influence the actual interpetation of various legal relations and the contractual liberty in general. The thesis is composed of four chapters and a conclusion. To begin with, the first chapter focuses on the peremptory rules in international commercial relations as a whole. It aims to define the core notion of the peremptory rules. It also reals with a personal and material scope of the thesis - the particularities of commercial relations. Furthermore, the second chapter examines the application of the...
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Companies in private international law - piercing the corporate veil
Lokajíček, Jan ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The thesis is divided into two parts. The first part deals with the companies in the field of the international private law. After the introduction and general remarks on the topic it proceeds to the recognition of foreign companies in the law of the Czech Republic. Subsequently, personal statute of such companies and its determination is discussed. Next the first part of the thesis focuses on the conditions under which foreign companies can run their business in the Czech Republic. Lastly, the possibility of cross-boarder movement of the companies' seats into and out of the Czech Republic is analysed. The first part of this work takes into the consideration not only the Czech law but also the law of European Union and the relevant case law of the European Court of Justice. The second part of this work deals with doctrine called piercing the corporate veil, which was established in the common law area. It analyses grounds leading to the posibility of aplication of this doctrine in common law area and in German law. The work examines cases of single companies as well as of companies being part of a group of companies. After the analysis of grounds leading to the posibility of use of the piercing the corporate veil follows their generalisation and synthesis. The conclusion of the work is dedicated to...
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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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Conflict of laws issues arising in connection with securing, changes and consequences of breach of obligations
Bohorodčaner, Pavel ; Kučera, Zdeněk (advisor) ; Dobiáš, Petr (referee)
This work deals with securing, changes and consequences of breach of obligations from the view of conflict of laws. It is based on a comparative method - conflict of laws rules contained in Act No. 97/1963 Sb., international civil and procedural law act, as amended are compared with Convention on the law applicable to contractual obligations opened for signatures in Rome in 1980 and the Regulation No. 593/2008 on the law applicable to contractual obligations. In several parts of this work, the legal regulation of the laws of Russia, Switzerland, England and Austria is reflected.
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The Development and Application of International Private Law Rules in Electronic Relations
Machová, Daniela ; Pauknerová, Monika (advisor) ; Ondřej, Jan (referee) ; Feigerlová, Monika (referee)
The dissertation deals with the application of legal rules, especially the rules of private and procedural international law, in the Internet environment. The core of the dissertation is divided into six main chapters. The first concerning the Internet world and its main terms and the general terms of conflict of laws. It is followed by the examination of the main legal sources of the international private law and by the chapter about main aspects of e-business. The two chapters that are the most essential to this work are e-contracts and the application of the international private law rules to electronic relationships. The dissertation is concluded with a segment devoted to development of e-government which is also an important part of e-business in general. The dissertation aims to provide comprehensive insight into the development and the future of the legal regulation of electronic legal relations and other important elements of e- business.
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Companies in private international law
Džoldoševa, Seda ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This thesis attempts to summarise and analyse a legal treatment of companies in international private law. An important term used throughout the thesis is "personal statute of a legal person". Personal statute of a legal person is an institution that decides whether the organised entity has its own legal presence and which legal system governs its relations. We use two basic theories for determination of a personal statute of a legal person, the incorporation theory and the real seat theory. The incorporation theory is based on an idea that the personal statute of a legal person is a legal system the company is founded in. The real seat theory is related to the problematic idea of an actual residence, a place where the company actually conducts its business, where its management resides or where it is in fact controlled from. Since the consensus in determination of a private statute was not agreed upon, each state uses a different principle. Whilst the incorporation theory in its consequence supports the advancement of trade and is more flexible towards the companies, the real seat theory offers more legal certainties. The so called Delaware effect is considered to be a main weakness of an incorporation theory, which is a situation when the companies are based in states with favourable legislature,...
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Personal status of legal entities in private international law
Doula, Sufjan ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
In today's world, where globalisation and internationalization becomes part of our daily life, international entrepreneurship turns into a more actual and important issue. The role of law in this system is to set borders and give directions, which reflect the current state of global society. The aim of the diploma thesis Personal status of legal entities in private international law is both to clarify the actual legal situation of determining the personal status of legal entities and to find out the current grade of global legal integration in these aspects, that either encourages or prevents legal entities from international activities. In order to achieve that, firstly, a theoretical definition of the historically evolved theories for determination of personal status of legal entities is given. Subsequently, their main be- nefits and drawbacks are analysed. The first part is concluded with a definition of the scope of the conflict between the two main theories - incorporation theory and real seat theory. Additionally possible ways, how to solve this conflict together with their potential impact, are sought. Further parts of the thesis deal with such terms as recognition of foreign legal entities and cross-border transfer of seat. These all are essential terms that are bound with the per- sonal status of...
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Contractual obligations in private international law
Haasová, Tereza ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
The objective of this Master's thesis is to analyze the rules of law governing contractual obligations in private international law. First, the relevant sources of law and their concrete application are examined through descriptive and analytical method. The thesis is then focusing on two specific phenomena that have significantly influenced the development of the field in the last few decades. The first one is a gradual process of unification taking place at the legislation level. The second one is called "new lex mercatoria" and represents a non-sate source of rules governing contractual obligations with a cross-border element. Both of the phenomena are analyzed from both theoretical and practical point of view. The thesis is divided in five chapters and the analysis progresses from a general to a more specific level. The first chapter focuses on the legal definitions indispensable for a more detailed analysis provided in the following chapters. In order to better contextualize the rules governing contractual relationships in the international private law, the second chapter is dedicated to its historical evolution. Moreover, the chapter introduces and compares methods regulating contractual relationships in the international private law, while acknowledging the specific circumstances of their creation....
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