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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...
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Party autonomy in the Rome I Regulation and its limitations
Šarochová, Lucie ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The thesis from the area of contractual obligations within the European private international law and its topic: "Party autonomy in the Rome I Regulation and its limitations" is divided into several parts. In the introduction it deals with and tries to explain to readers a historical development of the party autonomy principle that it has gone through. The thesis deals with the pillars on which this principle of party autonomy in the European private international law stands. Thus, legal certainty, freedom, predictability in contractual obligations and equal position of parties. Last but not least it is an international element. From 17 December 2009 a Regulation of the European Parliament and Council Regulation (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I) (hereinafter referred to as the "Rome I Regulation")) came into effect. The thesis provides a comprehensive insight into the evolution of Rome I Regulation. The purpose of the thesis is an analysis of the party autonomy in its regime. The work seeks to confirm or disprove the following: "The principle of party autonomy within the area of contractual obligations still remains the cornstone of the Rome I Regulation, we cannot speak of it as unlimited though" The thesis also deals with the choice of law...
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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...
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