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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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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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Private international law from a comparative perspective (comparison of a particular segment in Czech law and the law of a selected country)
Suchá, Ivana ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Private international law from a comparative perspective(comparison of a particular segment in Czech law and the law of a selected country) This thesis works with a comparison of conflict rules in the field of international family law in the Czech Republic and in the Federal Republic of Germany. It is focused concretely on questions of marriage, register partnership and adoption, in which is included an international element. The topic has been taken into account in addition to the national rules of international private law also rules at international and European level. Includes is also future progress in this field. Thesis is divided into eight chapters. The introduction is followed by first chapter, which deals with general classification of international family law as a part of international private law and their definition. Following chapter is focused on conflict rules, determingfactores which may be used to determine the applicable law. Included are terms as public policy, remise or transmise. Chapter three is about general definition of court's jurisdiction to hear the dispute with an international element. Fourth chapter is devoted to marriage, included are sources of legal regulation, jurisdiction of courts in matrimonial matters and comparison of conflict rules in the case of...
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