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Precontractual liability in obligations with an international element
Černá, Kristýna ; Bříza, Petr (advisor) ; Brodec, Jan (referee)
Precontractual liability in obligations with an international element Abstract The thesis deals with the issue of precontractual liability in contractual relations with an international element. The focus is mainly on an analysis of the approach of selected foreign legal systems, namely Germany, the United Kingdom, the United States of America and Ukraine, but also on unification efforts aimed at bridging the differences between the individual national regulations. Precontractual liability is a very complex legal institution. While Czech law is relatively detailed in this respect and no major problems arise, the application of culpa in contrahendo in international trade practice still raises more questions than answers. The application of the concept in the international environment is problematic mainly due to the different conceptions of culpa in contrahendo in individual countries. Most striking is the difference between the approach taken by continental and common-law legal systems, respectively. Common law, which does not recognize precontractual liability as a legal institution at all, works with the doctrine of promissory estoppel, which in some situations is able to replace the missing institution of culpa in contrahendo. Of course, the conflict-of-laws rules on precontractual liability also differ,...
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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...
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