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Companies in private international law
Saláková, Terezie ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Companies in private international law The topic of this diploma thesis includes questions related to companies in private international law. The thesis deals especially with changes of the Czech law evoked by the recent recodification of the private law in the Czech Republic. The purpose of the thesis is, first of all, to introduce the current form of this part of the law, to sum up and analyse ideas published in expert sources, and also to add own views concerning the topic. Following methods were primarily used: analysis, synthesis, description and comparison. The thesis, besides general Introduction and Conclusion, includes seven individual chapters which create coherent total. Chapter One explains basic terms used in the thesis. The following chapter defines the term personal statute of legal person and introduces two basic principles of its determination - the incorporation principle and the seat principle. The third chapter continues with detailed description of the position of the incorporation principle in the Czech law, including the questions related. Chapter Four defines foreign legal persons and gives the reasons why the registered seat of the legal person is relevant for determination of such a person. Chapter Five focuses on the basis of the fact that a legal person with the seat...
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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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Companies in private international law
Lembas, Jan ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The objective of this thesis is to analyze legal framework of companies in private international law with focus on cross-border mobility of companies in the EU. The work consists of an introduction, five chapters and a conclusion. In the first chapter, the basic terminology used in the work and terms of private international law, collision standards, legal entities (persons) and companies are presented and defined. The second chapter is devoted to the personal statute of company and analyzes main theories of determining a personal statute - the incorporation theory and the real seat theory, their advantages and disadvantages are discussed and their comparison is mentioned at the end of the chapter. Incorporation theory enables cross-border transfer of company seats and defines law applicable to company forever, real seat theory has a protective function. Whereas incorporation theory uses the foundation of a company to determine applicable law, real seat theory uses the real seat of a company, the actual place where the company centers its activity. The third chapter discusses the subject from the point of view of the EU law. The freedom of establishment as legal basis for the movement of companies within EU is analyzed as well as basic articles of primary law regarding right of establishment....
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The Limits of the Applicable Law of Obligations
Šidla, Pavel ; Růžička, Květoslav (advisor) ; Ondřej, Jan (referee) ; Kunz, Oto (referee)
This thesis discusses the limits of statute of contractual obligations solely from the perspective of conflict of law rules. It is based primarily on the analysis of national conflict of law rules contained in Act No. 91/2012 Coll., On Private International Law. There are also analyzed relevant standards of the European Parliament and Council Regulation (EC) No. 593/2008 on the law applicable to contractual obligations (Rome I) and conflict of law rules in the German Initial Act to the Civil Code, as well as in the Swiss Act on Private International Law. The primary hypothesis of this work is the concept of a single contractual statute, which governes contractual relationship since the early beginning to the end. The secondary hypothesis follows the departure of German international private law from the principle of seat for the principle of incorporation. Another hypothesis explores the safeguarding of property rights once acquired, if the substantive legal facts are in the mode of the original substantive statute closed that no means no and yes means yes, but ... This work also examines the question of whether the European legislator through the unification of rules of conflict of law removed the deficiencies that resulted from the application of autonomous national conflict of law rules or...
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Companies in private international law
Saláková, Terezie ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Companies in private international law The topic of this diploma thesis includes questions related to companies in private international law. The thesis deals especially with changes of the Czech law evoked by the recent recodification of the private law in the Czech Republic. The purpose of the thesis is, first of all, to introduce the current form of this part of the law, to sum up and analyse ideas published in expert sources, and also to add own views concerning the topic. Following methods were primarily used: analysis, synthesis, description and comparison. The thesis, besides general Introduction and Conclusion, includes seven individual chapters which create coherent total. Chapter One explains basic terms used in the thesis. The following chapter defines the term personal statute of legal person and introduces two basic principles of its determination - the incorporation principle and the seat principle. The third chapter continues with detailed description of the position of the incorporation principle in the Czech law, including the questions related. Chapter Four defines foreign legal persons and gives the reasons why the registered seat of the legal person is relevant for determination of such a person. Chapter Five focuses on the basis of the fact that a legal person with the seat...
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