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Private International Law and the Issues of Securities Law
Borčin, Tomáš ; Brodec, Jan (advisor) ; Kučera, Zdeněk (referee)
Private International Law and the Issues of Securities Law Tomáš Borčin Acts No. 139/2011 Coll. and No. 172/2012 Coll. have introduced a set of brand new choice-of-law rules in respect to securities into the Czech legal system. The same set of rules has rather simultaneously been adopted by the new Act No. 91/2012 Coll., on Private International Law, coming into force on 1st of January 2014. However, despite the fact that these amendments had brought the much needed conflict of laws rules for cross border transactions involving securities, the actual subject of how the securities are treated in private international law remains mostly unexplored by Czech jurisprudence as of this date. Therefore, the core ambition of this thesis is to provide a complex legal analysis of the aforementioned rules by the means of examination of their theoretical basis as well as of practical implications of their application. The thesis consists of seven chapters of various extent and scope. The ratio behind the first chapter is to address the question of what securities are, and how are they treated pursuant to Czech legislation. The emphasis is given on the definition of securities and their respective classification, however, the chapter does not omit the upcoming changes in respect to the recodification of private...
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