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Obligations Involving an International Element with Focus on Assignment of Receivables
Zbíral, Filip ; Bříza, Petr (advisor) ; Brodec, Jan (referee)
Obligations Involving an International Element with Focus on Assignment of Receivables Abstract In its first part, the diploma thesis focuses on the legal regulation of obligations with an international element. It is not uncommon nowadays for an obligation to have a certain relation to a foreign country, such as the habitual residence of its subjects, their different nationality, or the place of performance of the obligation. The regulation of such relationships is governed by rules of private international law, which are essentially of three origins - EU, international and national. The thesis thus initially covers the basic terminology with regard to obligations. It defines the term obligation, describes the difference between contractual and non-contractual obligations, explains the concept of international element and elaborates on the methods of regulation of relationships containing such international element. It then analyses the current legal regulation of contractual obligations contained in law of the European Union represented by the Rome I Regulation, in the multilateral treaties providing uniform rules of substantive law, as well as in bilateral treaties on legal assistance. However, attention is also paid to the residual regulation in the domestic source of private international law - the...
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Mediation with an International Element
Vanišová, Veronika ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The purpose of this thesis is to present the main features of mediation with cross-border element, especially the most important aspects of relevant regulation in light of EU Mediation Directive 2008/52/EC ("Directive") and No. 202/2012 Coll. Act on Mediation and Change of Some Laws ("Mediation Act"). The thesis is composed of four chapters. The first chapter's purpose is to define the main principle of mediation and its position within ADR system. The second chapter deals with principal questions of the relation between mediation and international private law. The third chapter discusses cardinal aspects of mediation according Directive, its reflection within national regulation, i.e. within Mediation Act and subsequent comparison with regulation of selected member states. For the purpose of the comparison mentioned above, I use quotations from corresponding laws of particular member states in English translation. The fourth chapter deals with the position and role of mediation within the area of international dispute resolution as well as a look at newly adopted ICC Mediation Rules.
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Labour relations with international element and their content changes over time
Kratochvílová, Eva ; Hůrka, Petr (referee)
In her PhD thesis, the author deals with the legal regulation of the international element in labour relations which is supplemented by the dimension of the regulation of the social security and the protection of personal data in order to create a complex view of the examined issue. The international element within the respective legal branches is regulated at the EU level by a different methodology approach - harmonization (labour law), coordination (social security law) and unification (protection of personal data). The fundamental role in the regulation of the international element in labour relations is played by EU legislation, especially the Regulations Rome I, Rome II and Brussels I (bis), which is complemented by the legal regulation of the international element in labour law relations within the Czech law system. The international element in social security law is governed by Coordination Regulations Nos. 883/2004 and 957/2009, the Czech legislation does not contain, in this respect, its own legal regulation of an international element and refers to the EU regulation. In the area of personal data protection, the harmonization legislation of Directive No. 95/46/EC and Czech Act No. 101/2000 Coll., on Data Protection, will be replaced as of 25.05.2018 by the GDPR Regulation. The EU...
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Labour relations with international element and their content changes over time
Kratochvílová, Eva ; Hůrka, Petr (referee)
In her PhD thesis, the author deals with the legal regulation of the international element in labour relations which is supplemented by the dimension of the regulation of the social security and the protection of personal data in order to create a complex view of the examined issue. The international element within the respective legal branches is regulated at the EU level by a different methodology approach - harmonization (labour law), coordination (social security law) and unification (protection of personal data). The fundamental role in the regulation of the international element in labour relations is played by EU legislation, especially the Regulations Rome I, Rome II and Brussels I (bis), which is complemented by the legal regulation of the international element in labour law relations within the Czech law system. The international element in social security law is governed by Coordination Regulations Nos. 883/2004 and 957/2009, the Czech legislation does not contain, in this respect, its own legal regulation of an international element and refers to the EU regulation. In the area of personal data protection, the harmonization legislation of Directive No. 95/46/EC and Czech Act No. 101/2000 Coll., on Data Protection, will be replaced as of 25.05.2018 by the GDPR Regulation. The EU...
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Personal Status of Companies in Private International Law
Saláková, Terezie ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Personal Status of Companies in Private International Law Abstract The main topic of my thesis is personal status of companies in private international law. The thesis is composed of Introduction and Conclusion, and three parts. Each part includes a different attitude to the topic, uses a different method, and has a different aim. The first part, subdivided into three chapters, introduces comments found in expert sources which deal with the term personal status of companies as the legal order determining questions connected with the company. The next passage concentrates upon two basic principles of determining the personal status - the incorporation principle and the seat principle, where for each of these two principles applied connecting factors and the characteristics of the particular principle are described. The last chapter of Part 1 presents current legislative regulation of personal status of companies in the Czech law, and prepared steps made on the EU level. The purpose of this chapter is primarily to establish theoretical basis for both following parts. In the second part I have tried to determine the range of the personal status of a company as far as acting for the company is concerned, in relation to the Czech legal regulation - both conflict and material legislation. In this context, at...
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Recognition and execution of foreign arbitral awards
Kobzová, Andrea ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
63 Recognition and execution of foreign arbitral awards Abstract This thesis deals with the issue of recognition and performance of foreign arbitral awards in the field of private international law. The aim of the thesis is to clarify the distinction between recognition and performance and to focus on the issue of enforceability in judicial and enforcement proceedings. The thesis is divided into four chapters describing individual elements of arbitration and recognition and enforcement of arbitral awards. In the first chapter I deal with the arbitration, which is a prerequisite for the arbitral award. The second chapter defines the arbitral award itself, its particulars, types, and the procedure for its abolition. In the third chapter I dealt with the most important sources in the field of foreign arbitral awards and the last chapter is the most comprehensive. It contains a process of recognition and execution, including denial under the New York Convention, the current issue of the decision-making practice of the Supreme court of the Czech Republic, as well as recognition and enforcement in the territory of Switzerland. At the end of the thesis the Swiss and Czech legal regulations of the arbitration proceedings are compared, the amendment of the rules of arbitration of the International Chamber of...
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Labour relations with international element and their content changes over time
Kratochvílová, Eva ; Vysokajová, Margerita (advisor) ; Chvátalová, Iva (referee) ; Štefko, Martin (referee)
In her PhD thesis, the author deals with the legal regulation of the international element in labour relations which is supplemented by the dimension of the regulation of the social security and the protection of personal data in order to create a complex view of the examined issue. The international element within the respective legal branches is regulated at the EU level by a different methodology approach - harmonization (labour law), coordination (social security law) and unification (protection of personal data). The fundamental role in the regulation of the international element in labour relations is played by EU legislation, especially the Regulations Rome I, Rome II and Brussels I (bis), which is complemented by the legal regulation of the international element in labour law relations within the Czech law system. The international element in social security law is governed by Coordination Regulations Nos. 883/2004 and 957/2009, the Czech legislation does not contain, in this respect, its own legal regulation of an international element and refers to the EU regulation. In the area of personal data protection, the harmonization legislation of Directive No. 95/46/EC and Czech Act No. 101/2000 Coll., on Data Protection, will be replaced as of 25.05.2018 by the GDPR Regulation. The EU...
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Mediation with an International Element
Vanišová, Veronika ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The purpose of this thesis is to present the main features of mediation with cross-border element, especially the most important aspects of relevant regulation in light of EU Mediation Directive 2008/52/EC ("Directive") and No. 202/2012 Coll. Act on Mediation and Change of Some Laws ("Mediation Act"). The thesis is composed of four chapters. The first chapter's purpose is to define the main principle of mediation and its position within ADR system. The second chapter deals with principal questions of the relation between mediation and international private law. The third chapter discusses cardinal aspects of mediation according Directive, its reflection within national regulation, i.e. within Mediation Act and subsequent comparison with regulation of selected member states. For the purpose of the comparison mentioned above, I use quotations from corresponding laws of particular member states in English translation. The fourth chapter deals with the position and role of mediation within the area of international dispute resolution as well as a look at newly adopted ICC Mediation Rules.
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The Right of Child to Participate in Decision-making about his/her Upbringing
Manková, Hana ; Koťa, Jaroslav (advisor) ; Krykorková, Hana (referee)
The right of the child to participate in decision-making about his/her upbringing, decisions which directly concern him/her, is an interdisciplinary subject. The bachelor's thesis focuses on its legal, psychological and pedagogical aspects. This right is grounded in multiple legal instruments of various types and legal force. However, the interpretation of this particular right and its application in practice are highly problematic. It is in the best interest of every child to have the opportunity to express his/her opinion about issues related to his/her upbringing. This opportunity is, however, determined by social and cultural factors. The thesis clarifies the most important issues related to child's participation in decision-making about his/her upbringing within the family.
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