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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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Jurisdiction rules in Brussels I bis Regulation
Onderka, Lukáš ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
Jurisdictional rules in the Brussels Ibis Regulation Abstract The master thesis is devoted to the field of private international law, specifically its part of international procedural law. The subject is the rules of special jurisdiction laid down in the Brussels I bis Regulation. These are jurisdictional rules which provide for the jurisdiction of courts other than those designated by the defendant's State of residence. The thesis focuses on only two special jurisdictional rules, namely the jurisdictional rule establishing the jurisdiction of the court dealing with a dispute arising out of a contract and the jurisdictional rule establishing the jurisdiction of the court dealing with a dispute arising out of a tort. The thesis is divided into an abstract part, the main aim of which is to explain the basic concepts to the reader, to describe the theoretical division of jurisdictional rules and to define the scope of the Brussels I bis Regulation, in particular the substantive scope in relation to arbitration proceedings. In the following parts of the thesis, it describes in detail the jurisdictional norms enshrined in Articles 7(1) and 7(2) of the Brussels I bis Regulation and the predecessors of these legal provisions enshrined in the Brussels Convention and the Brussels I Regulation, and looks for the...
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Obligations involving an international element with a focus on consumer contracts
Zubík, Ondřej ; Bříza, Petr (advisor) ; Pauknerová, Monika (referee)
Obligations involving an international element Abstract This thesis deals with a narrow section of contractual obligations involving an international element, namely consumer contracts, which are characterized mainly by the parties to the contract (consumer and entrepreneur). Consumer protection also intervenes in private international law, with the Rome I regulation and Brussels I bis regulations being the main legal norms for consumer protection. In this work, I am mainly based on these regulations and also on the case law of the Court of Justice of the European Union, which bindingly interprets the provisions resulting from these regulations. This work answers questions: (i) Which contracts are covered by the protection provided for in Article 6 of the Rome I regulation and the section 4 of the Brussels I bis regulation and how does this protection manifest itself? (ii) How is the situation resolved in case of a change of a domicile or an unknown domicile of the consumer after the conclusion of the contract and (iii) what criteria are decisive when assessing the targeting activity of the entrepreneur on the Member State in which the consumer has habitual residence or domicile? The work is divided into six chapters. In the first chapter, I define basic terms: the obligation, the international element and...
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The Enforcement of Court Settelements
Šamlot, Jan ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
The Enforcement of Court Settlements Abstract The topic of this thesis is the enforcement of court settlements. Court settlement is an institute, which, although it is a traditional part of civil procedure, does not receive enough attention. The absence of any detailed analysis of the court settlement is even more surprising considering that currently chosen structure of the court settlement in the Czech Code of Civil Procedure (OSŘ) is very problematic and raises the great amount of the theoretical questions, from which some of them are capable of causing troubles in practice. At the same time, the problematic aspects increase also in terms of the enforcement of the court settlement. With regard to the above, this thesis primarily maps the historical development of the court settlement in the legal territory of today's Czech Republic in order to clarify the basic principles and better understanding of this institute at present. After the historical part, the thesis deals with the court settlement as an institute and his positive legal definition in order to point out the interpretation problems in certain aspects and also to mention their possible consequences. Furthermore, the thesis presents possible solutions to the selected problems and simultaneously, where appropriate, compares the legislation with...
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Brussels l bis Regulation
Vastlová, Michaela ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
Brussels I bis Regulation Abstract This thesis deals with an analysis of Regulation 1215/2012 of the European Parliament and of the Council from 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, generally called Brussels I bis. The main aim of thesis is to define the position of Brusel I bis especially application priority Brussels I bis, the relationship to other instruments of private international law, the jurisdiction of the Regulation, the special position of some states, the lispedens and definition of the prorogation agreement and the regulation of prorogation agreements concluded in insurance, consumer and individual employment contracts in the Brussels I bis Regulation, and asymmetric prorogation agreements. I deal in my work with detail of changes compared to the original Brussels I Regulation. The thesis is divided into 4 chapters, which are further divided into subchapter. Over the course of the last few decades, the European legislature has adopted a lot of Regulations in the area of private international law when dealing with the issues surrounding conflict of laws. European Union law contains the basic principles of the free movement of goods, capital services and persons. Within the development of the internal market there is a...
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International civil procedure in the European Union - selected issues
Strnad, Jan ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The purpose of the thesis is to offer a comprehensive commentary of the choice-of-court agreements under the Brussels I bis regulations and the 2005 Convention on Choice of Court Agreements ("Convention") and to refer to the main problems which may arise during the application of these instruments to the disputes arising from relationships in which the choice- of-court agreement was concluded. The paper is composed of five main chapters. The first four chapters deal with the framework of the Brussels I bis, the fifth chapter illustrates the rules of the Convention. Chapter one is dedicated to the fundamental characteristics of the Brussels I bis. It compares the rules contained therein with the previous legislation, analyses its principles and purposes, the interpretation of the terms contained therein and the relation to the other instruments. Chapter two deals with the detailed analysis of the choice-of-court agreements under the Brussels I bis, particularly with the scope of effect of art. 25, the effect of jurisdictional agreements, their characteristics, formalities necessary for their creations, their extent, forms, formal and material validity, cases where the Brussels I bis restricts the effect of the choice-of-court agreements and the consequences of such violation. Chapter three explains...
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Regulation of international jurisdiction of courts in Brussels I bis regulation
Krátký, David ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
Regulation of international jurisdiction of courts in Brussels I bis Regulation Abstract This master thesis deals with the international jurisdiction of courts in Brussels I bis Regulation. The main aim is to analyse the provisions of the Brussels I bis Regulation and compare them with the previous Brussels I Regulation and with the proposed amendments. Attention is paid to the choice of court agreements as an instrument providing the party autonomy, and also to the controversial issues of the new regulation. The thesis is divided into four chapters. The first chapter presents the history of the European international jurisdiction which is reliant on the development of the European integration. It shows the background of preparation of the Brussels Convention, the Lugano Convention, the Brussels I Regulation and its recast. The second chapter focuses on the scope of application of the Brussels I bis Regulation. Before the analyse of individual provision, the attention is paid to the international element as the implicit condition to apply the Brussels I bis Regulation. The thesis then explores the material scope of the regulation stressing the term "civil and commercial matters". The originally proposed universal scope is examined within the personal scope of the regulation. However, it was implemented only...
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International civil procedure in the European Union - selected issues
Strnad, Jan ; Pfeiffer, Magdalena (referee) ; Brodec, Jan (referee)
The purpose of the thesis is to offer a comprehensive commentary of the choice-of-court agreements under the Brussels I bis regulations and the 2005 Convention on Choice of Court Agreements ("Convention") and to refer to the main problems which may arise during the application of these instruments to the disputes arising from relationships in which the choice- of-court agreement was concluded. The paper is composed of five main chapters. The first four chapters deal with the framework of the Brussels I bis, the fifth chapter illustrates the rules of the Convention. Chapter one is dedicated to the fundamental characteristics of the Brussels I bis. It compares the rules contained therein with the previous legislation, analyses its principles and purposes, the interpretation of the terms contained therein and the relation to the other instruments. Chapter two deals with the detailed analysis of the choice-of-court agreements under the Brussels I bis, particularly with the scope of effect of art. 25, the effect of jurisdictional agreements, their characteristics, formalities necessary for their creations, their extent, forms, formal and material validity, cases where the Brussels I bis restricts the effect of the choice-of-court agreements and the consequences of such violation. Chapter three explains...
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International civil procedure in the European Union - selected issues
Strnad, Jan ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The purpose of the thesis is to offer a comprehensive commentary of the choice-of-court agreements under the Brussels I bis regulations and the 2005 Convention on Choice of Court Agreements ("Convention") and to refer to the main problems which may arise during the application of these instruments to the disputes arising from relationships in which the choice- of-court agreement was concluded. The paper is composed of five main chapters. The first four chapters deal with the framework of the Brussels I bis, the fifth chapter illustrates the rules of the Convention. Chapter one is dedicated to the fundamental characteristics of the Brussels I bis. It compares the rules contained therein with the previous legislation, analyses its principles and purposes, the interpretation of the terms contained therein and the relation to the other instruments. Chapter two deals with the detailed analysis of the choice-of-court agreements under the Brussels I bis, particularly with the scope of effect of art. 25, the effect of jurisdictional agreements, their characteristics, formalities necessary for their creations, their extent, forms, formal and material validity, cases where the Brussels I bis restricts the effect of the choice-of-court agreements and the consequences of such violation. Chapter three explains...
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International civil procedure in the European Union - selected issues : consumer protection in the Brussels I bis regulation
Sýkorová, Diana ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The purpose of this thesis is to analyse in detail the issue of consumer protection within the Brussels I bis regulation, establishment of the international court jurisdiction and the question of recognition and enforcement of a judgement. The thesis concentrates especially on a different position of consumer and measures that amend his situation. The thesis is composed of 9 chapters that are further divided into subchapters and points. Chapter One is an introductory chapter focusing on a consumer and defining reasons for his protection. Chapter Two explains the topic of international private law and european international private law, including the European judicial area. Chapter Three describes the development of legislation in the area of judicial cooperation in civil matters since the Brussels convention up to the Brussels I bis regulation and mentions respective changes. The chapter also focuses on different status of certain countries within the European judicial cooperation. Chapter Four examines the subject of regulation of Brussels I bis, lists the types of jurisdictions and looks at its specifics. It also investigates the applicability of regulation from the temporal, material, territorial and personal scopes of application. Chapter Five concerns several institutes. It defines the term...
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