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Choice of forum agreements in private international law
Jančar, Tomáš ; Pfeiffer, Magdalena (advisor) ; Zavadilová, Marta (referee)
Choice of forum agreements in private international law Abstract This diploma thesis deals with the choice of forum agreement as one of the rules of international jurisdiction. It focuses on the rules of choice of court in civil and commercial matters in the Brussels Ibis regulation and the Hague Convention on Choice of Court Agreements. Its aim is to analyse if these instruments provide sufficient legal framework. First chapter provides insight into the issue of the choice of forum agreement. It explains its essence of a subjective jurisdiction rule, describes its benefits for participants of private law relationships, presents its types, and analyses its admissibility in individual private law areas. Second chapter enlists the sources of law which govern the choice of court agreements in the Czech Republic while briefly outlining their historical development. The sources are divided into three groups, based on their national, international, or European origin, with their mutual relationships and application primacy explained. Third chapter focuses on legal framework of choice of forum agreement in the Brussels Ibis regulation. Its scope of application in relation to the choice of court is described with attention placed on the existence of international element. It is followed by an analysis of the...
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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 Internet Law and Jurisdiction in Internet Related Disputes
Nováková Krajcová, Barbora ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Poláček, Bohumil (referee)
© JUDr. Barbora Krajcová Mezinárodní internetové právo a příslušnost soudu v internetových sporech ABSTRACT The aim of this dissertation thesis is to provide an analysis of International Internet Law from an electronic commerce and, in particular, procedural law perspective. The author focuses on questions relating to jurisdiction which are, according to the author's opinion, specific and controversial to electronic commerce cases. Other questions of procedural law, such as, for example, recognition and enforcement of judgments, are not analyzed in this thesis, since the author does not see any specific issues with these questions in connection with electronic commerce. The Chapter No. 1 in the theoretical portion of this dissertation thesis refers to internet as medium operating electronic commerce. The Chapter No. 2 reflects key and basic terms, contains, inter alia, definition of electronic commerce. However, this thesis analyses questions of jurisdiction the Chapter No. 3 analyses also substantive law relating to electronic commerce and the basic terms used throughout this thesis. Due understanding of substantive law (from an EU law perspective; the e-commerce directive and from an international law perspective; the UNCITRAL Convention on Use of Electronic Communications in International Contracts) its...
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