|
|
The law governing obligations with an international element
Anděl, David ; Pfeiffer, Magdalena (advisor) ; Zavadilová, Marta (referee)
The law governing obligations with an international element This master thesis deals with the legal regulation of the law applicable to obligations with an international element. It focuses in particular on the Rome I Regulation as the dominant law regulation for the regulation of the law applicable to contractual obligations with an international element. The thesis is divided into 4 chapters. The first chapter deals with the various sources of law governing the issue. The Rome I Regulation is highlighted and its historical development is briefly described. In particular, the transition from the Rome Convention, an international source of law, to the Rome I Regulation, a piece of secondary European law, is presented. Afterwards the Rome I Regulation is compared with other competing legislation and it is explained how they relate to each other. At the national level, ZMPS and its relationship with other relevant legislation is mentioned. As the ZMPS is a residual norm in the field of contractual obligations with an international element, it is not discussed in detail. The second chapter focuses on the scope of the Rome I Regulation. The concept of a contractual obligation and its autonomous interpretation are explained. It is shown in which cases the Rome I Regulation will apply. The third chapter...
|
|
|
The Rome Convention and Rome I Regulation on the law applicable to contractual obligations
Šarochová, Lucie ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Rome Convention and Rome I Regulation on the law applicable to contractual obligations From 17 December 2009 the courts of all EU Member States other than Denmark are obliged to determine the applicable law for contracts with an international element entered into on or after this date on the basis of a Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (the Regulation). The Regulation applies to most commercial and civil law contracts. These rules are not a radical departure from the rules previously applicable in the Czech Republic, i.e. the Rome Convention on the law applicable to contractual obligations from 1980 (the Convention). The Convention was published in the Collection of the International Treaties as notification No 64/2006 Coll. and it applies to contracts concluded after 1 July 2006. Where neither the Convention nor the Regulation applies, the Czech courts will generally look to the relevant national law, Act No 97/1963 Coll. on Private International and Procedural Law as amended. The purpose of this thesis was to provide an overview of some of the most important provisions of the Regulation in comparison to the Convention, to highlight the areas of change in this new instrument. The first part of the...
|
|
|
Conflict of laws issues arising in connection with securing, changes and consequences of breach of obligations
Bohorodčaner, Pavel ; Kučera, Zdeněk (advisor) ; Dobiáš, Petr (referee)
This work deals with securing, changes and consequences of breach of obligations from the view of conflict of laws. It is based on a comparative method - conflict of laws rules contained in Act No. 97/1963 Sb., international civil and procedural law act, as amended are compared with Convention on the law applicable to contractual obligations opened for signatures in Rome in 1980 and the Regulation No. 593/2008 on the law applicable to contractual obligations. In several parts of this work, the legal regulation of the laws of Russia, Switzerland, England and Austria is reflected.
|
|
|
The Rome Convention and Rome I Regulation on the Law Applicable to Contractual Obligations
Aubrechtová, Karolina ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Rome Convention and Rome I Regulation on the law applicable to contractual obligations The purpose of my thesis is to analyse some main aspects of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (the Regulation) especially with regard to the Rome Convention on the law applicable to contractual obligations from 1980 (the Convention) and to provide an overview of changes compared to the Convention. The Convention was published in the Collection of the International Treaties as notification No 64/2006 Sb. m. s. and it applies to contracts concluded after 1 July 2006. The Regulation oblige the courts of all EU Member States except Denmark to determine the applicable law for contracts with an international element entered into on or after 17 December 2009 according to the Regulation's provisions. Where neither the Convention nor the Regulation applies, the Czech courts will generally look to the relevant national law, Act No 97/1963 Sb. on Private International and Procedural Law as amended. From 1 January 2014 would be applied its superseder Act No 91/2012 Sb. on Private International Law. The thesis is composed of ten chapters, each of them dealing with different aspects of choice of law rules applicable to contractual...
|
|
|
Choice of applicable law in private international law
Raška, Michael ; Pfeiffer, Magdalena (advisor) ; Brodec, Jan (referee)
Résumé The aim of the diploma thesis called Choice of applicable law in private international law is to provide a comprehensive analysis of the given area, justify the need and benefits of choice of law in situations involving private international law and to suggest possibilities for future development. The first section is dedicated to conflict-of-law rules, their construction, characterization and function. Choice of law is also analyzed from the perspective of the connecting factor. The following part focuses on the history of choice of law in private international law from the initial reflections in the Middle Ages to the rapid development in the second half of the 20th century. In the third chapter, choice of law is described in general terms, including an analysis of individual types of choice of law and analysis of renvoi. In the following sections, choice of applicable law in major legal situations involving private international law is explored. Firstly, contractual obligations are discussed, the main focus being the Regulation (EC) No 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I). Secondly, non-contractual obligations are analyzed mainly in terms of the Regulation (EC) No 864/2007 of the European Parliament and of the Council on...
|
|
|
International licensing contracts
Gardlíková, Monika ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The goal of this thesis is to analyze international license contract institute, the function and the position it occupies in the sphere of international business with incorporeal goods and legal regime which it, on the level of the Czech rule of law and European Union law, is subject to. The thesis consists of four parts. The first part focuses on the institute of contractual license in general. It outlines its conception and basic definitional framework. It reflects the function and the position which the institute of license contract occupies in the Czech rule of law as well as its shift within the framework of Czech private law recodification. It presents diverse typology of contractual license and in the process it thoroughly focuses on its modifications, respectively on marginal agreement models such as franchise agreement and know how agreement. The second part of the thesis continues with text dedicated to the institute of license contract with international element. It presents its general classification and it also analyzes sources of its modification. The third part of the thesis treats legal regime which the international license contract is subject to, and the focal point of the text lies in the union modification included in the Rome Convention and in Regulation Rome I. The problem is discussed...
|
|
|
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....
|
|
|
Law applicable to International Arbitration Agreement
Palkovská, Kateřina ; Bříza, Petr (referee)
The diploma thesis deals with the issue of applicable law to international arbitration agreement. Following the definition of the nature of arbitration agreements and the principle of separability, the thesis sets various approaches to the determination of the applicable law. The next part examines the application of pro validatis approach to the determination of the applicable law in British courts' caselaw and analysis the Czech provisions applicable to the determination of the governing law to the arbitration agreements. The thesis aims to evaluate if, and alternatively to what extent, the pro validatis approach in international commercial arbitration influences the determination of the law applicable to arbitration agreements.
|
|
|
Choice of applicable law in private international law
Raška, Michael ; Pfeiffer, Magdalena (advisor) ; Brodec, Jan (referee)
Résumé The aim of the diploma thesis called Choice of applicable law in private international law is to provide a comprehensive analysis of the given area, justify the need and benefits of choice of law in situations involving private international law and to suggest possibilities for future development. The first section is dedicated to conflict-of-law rules, their construction, characterization and function. Choice of law is also analyzed from the perspective of the connecting factor. The following part focuses on the history of choice of law in private international law from the initial reflections in the Middle Ages to the rapid development in the second half of the 20th century. In the third chapter, choice of law is described in general terms, including an analysis of individual types of choice of law and analysis of renvoi. In the following sections, choice of applicable law in major legal situations involving private international law is explored. Firstly, contractual obligations are discussed, the main focus being the Regulation (EC) No 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I). Secondly, non-contractual obligations are analyzed mainly in terms of the Regulation (EC) No 864/2007 of the European Parliament and of the Council on...
|
|
|
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...
|
guest ::
