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International Court Jurisdiction in Contractual Disputes
Vraspír, Filip ; Zavadilová, Marta (advisor) ; Brodec, Jan (referee)
International Court Jurisdiction in Contractual Disputes Abstract The master thesis deals with the topic of international jurisdiction in contractual disputes with an international element. The aim of the thesis is to describe and analyse the legal framework of the topic at the level of national legislation, the rules in some international treaties and, in particular, the Brussels I Recast Regulation, which is the most important legal instrument of this framework from the point of view of persons living or domiciled in the territory of the European Union. A partial objective of the thesis is also the analysis of certain rules of international jurisdiction in contractual disputes in terms of their exorbitance, which may result in the refusal to recognise and enforce a foreign judgment. The first chapter of the thesis aims at describing the relevant rules for establishing the jurisdiction of courts in contractual disputes with an international element on the basis of national rules in the Czech Republic and the United Kingdom. It also compares these rules with each other and with the rules on international jurisdiction in the Brussels I Recast Regulation. The chapter also introduces the Hague Conference project on the unification of the rules for the mutual recognition and enforcement of foreign judgments, of...
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Cross border insolvency law
Kunštát, Karel ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
This diploma thesis entitled "Cross border insolvency law" is focused on the issue of international jurisdiction to open insolvency proceedings with a foreign element and on related topics, such as the concept of COMI and its interpretation. The thesis then contains relevant theoretical and regulatory milestones in the development of cross-border insolvency law and its approach to determining the international jurisdiction. The core part of the thesis is to answer these questions 1) what are the characteristics of cross-border insolvency law used within the EU 2) how does the European law view the concept of international jurisdiction 3) from a practical point of view how is the decision on international jurisdiction to initiate main insolvency proceedings made 4) and finally which components are central for the determination of COMI. To answer these questions, this thesis examines the legislation at the European and national level, its development and interpretation by jurisprudence. Great deal of attention is aimed at the Council Regulation (EC) No. 1346/2000 on insolvency proceedings and the new Regulation (EU) 2015/848 on insolvency proceedings, which focuses on strengthening the internal European market by introducing a more comprehensive insolvency solution in the European Union. Therefore it...
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The regulation of international jurisdiction of courts in proceedings to settle the relationship to minor children and in divorce proceedings
Štětinová, Marie ; Zavadilová, Marta (advisor) ; Pfeiffer, Magdalena (referee)
The regulation of international jurisdiction of courts in proceedings to settle the relationship to minor children and in divorce proceedings The thesis aims to analyse current legal regulation of international jurisdiction of courts in proceedings settling the relationship to minor children during their parents' divorce, which is to be found mainly in the regulations of the European Union, in international conventions and in the Czech law. The relevant legal regulation is then closely examined in order to assess whether and under which circumstances is it possible to determine international jurisdiction of courts in one country both in divorce proceedings and in proceedings to settle the relationship to minor children, regarding mainly matters of the parental responsibility and matters of maintenance obligation from parents towards children. The first chapter of the thesis is focused on explanation of used legal terms, as international private and procedural law and international jurisdiction. There is also a summary of the sources of law which are analysed in the following chapters. The second chapter analyses the relevant sources of law and its provisions which deal with procedural aspects of international family law and explains the term parental responsibility. The third chapter is closely...
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Brussels l bis Regulation
Vastlová, Michaela ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
Brussels I bis Regulation Abstract This thesis deals with an analysis of Regulation 1215/2012 of the European Parliament and of the Council from 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, generally called Brussels I bis. The main aim of thesis is to define the position of Brusel I bis especially application priority Brussels I bis, the relationship to other instruments of private international law, the jurisdiction of the Regulation, the special position of some states, the lispedens and definition of the prorogation agreement and the regulation of prorogation agreements concluded in insurance, consumer and individual employment contracts in the Brussels I bis Regulation, and asymmetric prorogation agreements. I deal in my work with detail of changes compared to the original Brussels I Regulation. The thesis is divided into 4 chapters, which are further divided into subchapter. Over the course of the last few decades, the European legislature has adopted a lot of Regulations in the area of private international law when dealing with the issues surrounding conflict of laws. European Union law contains the basic principles of the free movement of goods, capital services and persons. Within the development of the internal market there is a...
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European judicial space: Brussels I Regulation
Tejralová, Pavlína ; Hásová, Jiřina (advisor) ; Grmelová, Nicole (referee)
The theme of my diploma thesis is one of the most important judicial acts of European private international law of civil procedure - Brussels I Regulation. The aim of my thesis was to analyse the Regulation from many views with an emphasis on the jurisprudence of European Court of Justice and of domestic national courts. First part of the thesis aims to describe the whole legal branch of european private international law of civil procedure and therefore place the Regulation in the context of the whole legal branch. second part of the thesis deals with the Regulation in its entirety and desribes every single article of the Regulation and tries to determine the boundaries of its application and interpretation. The last, third part, states othre relevant legal acts related to Regulation which are considered to be its alternative, and sums up the pros and cons of their application.
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