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Lex Mercatoria in international business transactions
Kadiev, Akbulat ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
This Master's Thesis deals with the application of the concept of lex mercatoria in process of contracting process and in the dispute resolution, particularly in international commercial arbitration. The first chapter briefly describes the historical development of lex mercatoria and examines in detail the circumstances of the establishment of modern lex mercatoria . Further, the Thesis describes the general methods of regulation of the private relations with an international element. In connection with the use of lex mercatoria in the process of contracting the specific attention is given to the choice of applicable law by reference to certain rules of lex mercatoria. The criticism of such choice-of-law method is analysed, as well as its justification and also the requirements for the validity of such choice-of-law method. The second half of the Thesis is dedicated to a particular formalized rules of lex mercatoria, as well as to their legal grounds in Czech law, and also to some legislative changes in the Czech Republic after January 1, 2014, relevant to the lex mercatoria. The final chapter addresses the practical application of lex mercatoria in the international commercial arbitration. The chapter begins with a brief and general introduction to the international commercial arbitration....
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Lex Mercatoria in international business transactions
Kadiev, Akbulat ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
This Master's Thesis deals with the application of the concept of lex mercatoria in process of contracting process and in the dispute resolution, particularly in international commercial arbitration. The first chapter briefly describes the historical development of lex mercatoria and examines in detail the circumstances of the establishment of modern lex mercatoria . Further, the Thesis describes the general methods of regulation of the private relations with an international element. In connection with the use of lex mercatoria in the process of contracting the specific attention is given to the choice of applicable law by reference to certain rules of lex mercatoria. The criticism of such choice-of-law method is analysed, as well as its justification and also the requirements for the validity of such choice-of-law method. The second half of the Thesis is dedicated to a particular formalized rules of lex mercatoria, as well as to their legal grounds in Czech law, and also to some legislative changes in the Czech Republic after January 1, 2014, relevant to the lex mercatoria. The final chapter addresses the practical application of lex mercatoria in the international commercial arbitration. The chapter begins with a brief and general introduction to the international commercial arbitration....
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The sales contract in international business transactions
Masařová, Barbora ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
The topic of my diploma thesis is "The sales contract in international business transactions". The development of international trade is currently thriving, as evidenced by the fact that the significance of the international trade in the Czech Republic continues to grow. The reason I chose this topic is that the international sales contract is one of the most important contract in the field of international trade and I decided to expand my knowledge on that field. The diploma thesis analyzes the international sales contract in relation to the historical development of the term international sales contract, to its definition, legislation and unification efforts in the field of international sales contract legislation. The diploma thesis is structured into three chapters. The first chapter is devoted to the term sales contract in international business transactions. It contains the basic characteristics of the sales contract in Czech law, the characteristics of the term international business transactions and the largest part of this chapter is concerned with the historical development of the international sales contract and United Nations Convention on Contracts for the International Sale of Goods, as the basic legislation in relation to the international sales contract. The second chapter is...
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