|
|
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...
|
|
|
Companies and their mobility in the European context
Belloňová, Pavla ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee) ; Poláček, Bohumil (referee)
With regard to the gradual economic globalisation markets of States become more and more interconnected, especially so in the European Union which aims to create a single internal market without internal borders and barriers to the free movement of goods, persons, services and capital. Naturally, it influences behaviour of economic participants on the market. With increase of competition it is necessary to be more innovative, active and to search for new opportunities for expansion not only in one's own State but also abroad which entails entering into relations with foreign entities. In the course of time it might be useful or even necessary to relocate the place of business. Such need might not and, indeed, does not concern only natural person but also legal entities such as companies. However, the status of companies in cross-border relations has some specific features in comparison to the status of natural persons. A company is only an artificial product of law, a mere legal fiction, and therefore, its existence is much more closely linked with a specific legal order. A company has legal personality only insofar as some legal order acknowledges it. Different approaches how to link a company to a certain State have been evolved in different States - either the connecting factor is the statutory...
|
|
|
Damage compensation in cross-border cases focused on sport injuries
Stránská, Kateřina ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Poláček, Bohumil (referee)
The dissertation deals with the relationship between sport and the law, in conjunction with private international law. For more than a century sport passed through an important period of development. Many sports have been successfully forgotten, some have survived, and many can be included as the new sports with a tradition of several years or decades. Legal theory and legal practice so far took no particular need to take the issue of sports opinion. Sport is an objectively existing category in nature regardless the law. However, questions regularly associated with sports injuries and their resulting consequences emerged. The growing need for legal regulation of sport industry is primarily related to risks that sports bring to their surroundings and also to athletes. In the foreground there is the application of civil law, which affects compensation for damage to health and sports injuries. Clear solution has not been found to this day. The main goal of this thesis is to evaluate the current state winter sports legislation with an emphasis on skiing. The main topic of the dissertation is responsibility for damages in connection with ski injuries. Another objective is a certain attempt to process selected issues of mutual relations between sport and the law with a particular focus on the comparison...
|
|
|
The Internet and private international law
Roubíček, Martin ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
The thesis analyzes the opportunities and limits of application of international private law on the internet. The thesis consists of three areas of interest, one chapter each. The first chapter describes internet from relevantly technical point of view. Internet is distinguished from the services like WWW and analyzed by the view of law as medium that allows formation and realization of legal relationships. Identified are core internet characteristics which create impediments to the application of conflict of law rules. Particular attention is paid to the current state and future of geoidentification. The second chapter unveils possibilities of traditional methods of private international law to cope with the new environment. Firstly are outlined elements of international private law, consequently determined applicable methods and assets and drawbacks of their application on the internet. Finally are delimited applicable instruments in European and Czech law and analyzed from the point of eligibility to effectively govern legal relationship, preferably contracts, emerging on the internet. The last chapter deals with regulation of international B2B e-commerce. Firstly is defined the term itself, identified are the most important laws concerning the matter and finally is analyzed United Nations...
|
|
|
Companies in private international law
Flutka, David ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
COMPANIES IN PRIVATE INTERNATIONAL LAW - ABSTRACT The aim of this thesis is to familiarize the reader with the regulation of companies in private international law, with special regards to status of the company. The topic is mainly overtaken by the conflict between the incorporation principle and real seat principle. This conflict is reflected in the legal regulation of companies in private international law on both national law level and European law level. It is also connected to the question of competition between legal systems, which the thesis also deals with. Considering the globalizing world we live in and in which the perpetual need to reduce costs plays more and more important role, the topic is highly current. The thesis is divided into 7 chapters. The introductory chapter introduces the topic and points out the objectives of the thesis. The second chapter explains the basic concepts it is going to work with, namely the concept of a company and private international law (conflict of laws). The following chapter discusses the question of status of the company. It explains the definition of status of the company and afterwards describes the individual theories of determining it, i.e. incorporation theory, real seat theory and a few other rarely used theories. In the fourth chapter, the author pays...
|
|
|
Internet business transactions with an international element
Hůlka, Tomáš ; Brodec, Jan (advisor) ; Růžička, Květoslav (referee)
This thesis deals with issue of Internet transactions in relation to the private international law, particularly with recent sources of law that govern cross-border sale. The thesis is divided into three parts. The first part addresses general issues of Internet transactions, namely the relationship between the Internet and the law, identification of subjects on the Internet, attributability of legal effects caused due to operation of electronic agents and last but not least electronic contracting, especially delivery of electronic communication and technical methods of presentation of terms and conditions by Internet service WWW. Part two provides analysis of the most important sources of law that govern cross- border sale at the private international law level, particularly those that are part of the Czech legal system, namely the United Nations Convention on Contracts for the International Sale of Goods, the regulation Rome I and the Act no. 91/2012 Coll. (the act governing private international law) and beside those also relatively new unified substantive rules governing some issues of formation and performance of contracts electronically contained in the United Nations Convention on the Use of Electronic Communications in International Contracts. In the analysis is addressed whether and what...
|
|
|
Private international law in a comparative perspective: the determination of governing law for non-contractual relations in the law of the CR and the USA
Kadlecová, Kristýna ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
1 English Summary The aim of this thesis is to compare the determination of law applicable to non- contractual obligations in the Czech Republic and the United States of America. In the beginning I provide a brief overview of the international private law in general and then the substantial law of torts in both Czech Republic and the USA and the prospective changes in the new Civil Code which should be applicapble from 2014. The fifth chapter concerns with the law applicable to non-contractual obligations in the Czech Republic. In the first place there is a statute (Private International Law Act), but the majority of its provisions were overruled by the Rome II regulation, which unifies the privite international law of the EU states. According to the regulation, general rule for the law applicable to non-contractual obligation arising out of torts is lex loci delicti (the law of the country in which the dammage occurs). Rome II then provides special rules for product liability, unfair competition, environmental dammage, etc. In the Czech Republic the regulation does not apply to traffic accidents because the Czech Republic is a contracting state to Hague Convention on the Law Applicable to Traffic Accidents. The sixth chapter focuses on the law applicable to torts in the USA. The first subchapter deals with...
|
|
|
Internet and Private International Law
Zezulka, Denisa ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
This thesis deals with the union between the most modern communication channel yet - the Internet, and private international law. This relationship is not accidental, because the Internet provides a means through which subjects are able to communicate with each other across the world. In its simplest definition, the Internet can be defined as a worldwide system of interconnected computer networks. However, from a legal perspective - the Internet is not a legal subject in its own right, it does not have any legal obligations and therefore does not exist. The Internet is however, undoubtable a part of our every day lives. The initial focus of Internet legislation was only on the technical aspects. However as the number of Internet users has grown, the need for more specialized legislation also has. Often this specialization is assembled through the interpretation of existing laws. This thesis provides a detailed mapping of such private international laws and Internet law - which should be regarded as a separate legal specialization. It is found that the Czech Constitution and other constitutional laws provide a base for private international law at the country level; The Act on Private International Law and Rules of Procedure also provides legislation, which may be regarded as specialized. At the...
|
|
|
Some aspects of electronic commerce in the view of private international law
Mičica, Dušan ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
119 Abstract (En) This rigorous thesis is split into eleven chapters. Subsequently there are recognized topics such as general characteristics of internet and electronic commerce. These chapters are followed by legal regulations of legal action and contracting. The thesis is focused on relevant norms of private international law touching electronic commerce. After general articles about conflict of laws rules and direct norms, choice of law is discussed. Next chapter deals with contractual obligations regulated by the Rome convention and Rome I regulation, followed by noncontractual obligations in Rome II regulation and the International private law act. Conflict of laws rules are followed by CISG. Also other sources of regulation are mentioned, such as EU directives and UN Convention on the use of electronic communications in international contracts. In the area of civil process, relevant provisions of the Brussels I regulation are discussed. Finally thesis deals with the regulation creating a European order for payment procedure and regulation establishing a European Small Claims Procedure.
|
|
|
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....
|
guest ::
