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The law governing obligations with an international element
Denemarková, Karolína ; Růžička, Květoslav (advisor) ; Pfeiffer, Magdalena (referee)
The law governing obligations with an international element Abstract The topic of this diploma thesis is the law governing obligations with an international element. The thesis deals with determination of the legal order governing obligation evincing a relevant connection to a foreign country. Due to their social and economic importance, Private International Law pays considerable amount of attention to the regulation of obligations with an international aspect. Contractual relations with an international element are regulated by rules of international, EU and national origin, which use different methods of regulation. Plurality of legislation makes the determination and subsequent application of the governing law a relatively complex and challenging process. The objective of this thesis is to clarify mutual relations of sources of regulation, explain solutions of their potential conflicts and analyse key regulations in terms of their guiding principles, scope and methods of regulation. The thesis mainly uses analytical and descriptive method and, in addition to the valid legislation and professional literature, is based on case law. The thesis consists of six chapters. The first chapter characterizes basic concepts and institutes which are of the utmost importance for the purposes of this thesis. These...
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"E-business" and International Private Law
Davidovová, Daniela ; Pauknerová, Monika (advisor) ; Poláček, Bohumil (referee) ; Ondřej, Jan (referee)
Univerzita Karlova Právnická fakulta "E-BUSINESS" A MEZINÁRODNÍ PRÁVO SOUKROMÉ ("E-business" and International Private Law) Abstract 2014 Daniela Davidovová ABSTRACT This work concerns selected aspects of e-business and international private law. Its goal is to determine, whether the current rules of international private law are applicable to the legal relationships resulting from e-business. The work consists of six chapters: Internet and E-business, E-business and International Private Law in the Czech Republic, Application of International Private Law rules to selected contract types, Contractual terms of selected e-business entrepreneurs, Specific rules applicable to non-contractual legal relationships and De lege ferenda. The first and second chapters provide the essentials of the problematic, including the terminology and explanation on how the internet and e-business works. Chapters three and five enable to observe theoretical problems of International Private Law rules applicable for e-business legal relationships. The main questions observed in this work are following: what is the competent court and what is the applicable law in the legal relationships arising while doing e-business? Answers are provided from the perspective of the Czech e-business entrepreneur who is selling products/providing...
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Resolving Business Disputes over Contractual Obligations at the EU level.
Homolková, Lucie ; Švarc, Zbyněk (advisor) ; Grmelová, Nicole (referee)
The master thesis first deals with definition of business contractual relationship (sources, formation, freedom of contract) and indicates ways of resolving disputes arising from it within the Czech legal code. Through defining the concept of cross-border element the master thesis attains on how to resolve business disputes over contractual obligations at the EU level. Core topic of thesis deals with jurisdiction in commercial matters, the law applicable to contractual obligations, alternative dispute resolution as well as the recognition and enforcement of judgements or of different rulings. The last part of the thesis deals with a practical procedure which shows how to resolve dispute between domestic businessman and foreign businessman via legal proceedings.
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