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The liability of the carrier in international carriage by air and road
Sedláček, Vojtěch ; Pauknerová, Monika (advisor) ; Bříza, Petr (referee)
Liability of the carrier in international carriage by air and road Abstract The thesis is primarily devoted to the analysis of the legal regulation of the liability of air and road carriers in the international carriage of goods and passengers. In the course of the thesis, the relevant legislation is compared and its similarities and differences are pointed out. The thesis is systematically divided into 6 parts. In the introductory part, the thesis deals with the historical development of air and road carriage and the related development of legal regulation, thus introducing the reader to the issue of international air and road carriage. Contemporary problems and challenges in international carriage, which bring with them an increased need for the adoption of new legislation, are not left aside. The second part is devoted to an overview of the legal framework for international air and road carriage. The interpretation is given not only to international and EU regulation, but also to national legal regulations, which plays mainly complementary role due to the international nature and unification of air and road carriage legislation. The following two parts are devoted to the liability of air and road carriers in the carriage of goods. The author deals with damage events in international carriage and the...
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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.
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Current issues of cross-border insolvency proceedings
Střížová, Veronika ; Bříza, Petr (referee)
The aim of this PhD thesis is to analyse the current status of European insolvency law and with the help of both national and European judicial decisions put together an overview of practical obstacles that insolvency courts, debtors, creditors and insolvency trustees across Europe are facing when dealing with cross-border insolvencies. At the very core of this topic stands the European Insolvency Regulation ("EIR") which was adopted in 2015 and is effective within the member states as of June 2017. Since this regulation was put together as a recast of its predecessor, i.e. the original insolvency regulation adopted in 2000 and effective as of 2002, naturally this research is oriented at comparing the two legislative acts and mainly assessing whether or not the recast EIR managed to overcome some of the inconsistencies in the wording of the original EIR, often resulting in conflicting interpretations and a great deal of preliminary rulings filed with the Court of Justice of the EU. Apart from looking into good old instruments of private international law such as the scope, the jurisdiction, the choice of law and the recognition and enforcement rules governed by the EIR, this thesis also focuses on topics that are very bankruptcy-specific and dissimilar to anything we know from other fields of law....
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Evidence in International Arbitration
Purket, Daniel ; Bříza, Petr (referee)
DOKAZOVÁNÍ V MEZINÁRODNÍM ROZHODČÍM ŘÍZENÍ 5 Abstract This thesis deals with evidence in International Arbitration. The introductory part of the thesis includes an analysis of the rules of evidence in the Czech Republic, Germany and England. The following is a comparison with a list of identities and differences. The second part contains analysis of the provisions of the IBA Rules on the Taking of Evidence in International Arbitration. The aim of the thesis is to evaluate whether IBA Rules on the Taking of Evidence in International Arbitration mitigate conflicts that arise from different rules of evidence in common law and civil law.
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International Child Abductions
Karetová, Barbora ; Bříza, Petr (referee)
International Child Abductions Abstract in English This dissertation thesis deals with the issue of International Child Abductions, which is a constantly growing phenomenon. The focus of the legal regulation of international abductions lies within the Hague Convention on the Civil Aspects of International Child Abduction (hereinafter referred to as the 1980 Convention), which was adopted on 25 October 1980. There are already 98 signatory States of the Convention. This fact makes the Convention, at least in terms of the number of signatory states, one of the most successful international treaties at all. In spite of the nearly forty years of this Convention, there are still uncertainties in interpretation of certain terms during its application. The introductory part of this work deals mainly with questions of interpretation of basic concepts such as habitual residence or the right to care for a child, as well as the interpretation of individual exemptions from the obligation to return the child to the state of his habitual residence without delay. This section analyzes in particular the case law of the United Kingdom and United States courts, which account for nearly 50 % of all international abductions. Recently, there has been discussion among academics and other professional on the decision- making...
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Liability of the carrier in international carriage of goods in comparison
Pravda, Jan ; Pauknerová, Monika (advisor) ; Bříza, Petr (referee)
1 Liability of the carrier in international carriage of goods in comparison Abstract The rigorosum thesis deals with the analysis of the legal regulation of the carrier's liability in the international carriage of goods, all that across every key type of international carriage, while these rules are being continuously compared with one another in the text of this rigorosum thesis. The thesis tries to point out the differences in the regulation connected to similar legal institutes within two or more types of carriage. The introducing part of the rigorosum thesis includes the interpretation of basic terms which are commonly found in international carriage, defines its subjects and their possible plurality. Furthermore, the thesis then explains the necessary definition of individual types of carriage, i.e. regimes in which international carriage can be performed. The role of freight forwarders in international trade and carriage is highlighted as well. It is also important not to omit the basic types of contracts that may be entered into by the subjects in international carriage, as well as their mutual comparison within the framework of the national (i.e. Czech) regulation, in terms, among others, of the carrier's liability regime. Last but not least, this part also focuses on the characteristics of the...
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The law governing obligations with an international element
Kubín, Petr ; Růžička, Květoslav (advisor) ; Bříza, Petr (referee)
1 The law governing obligations with an international element Abstract The legal regulation of obligations with an international element constitutes an extensive issue which forms a significant part of private international law. It is also the area with the most frequent appearance of an international element which is particularly important in international business. This thesis firstly deals with the distinction of legal norms which regulate contractual relationships with an international element according to their origin and methods that govern these relationships. Such distinction of legal norms is essential for the comprehension of their mutual relations and therefore for the application of a correct norm to the particular obligation. The thesis also defines basic concepts which are necessary for orientation in this part of private international law. The main content of the thesis is represented with an analysis of legal norms, which, from the perspective of the Czech legal system, govern relationships with an international element. The thesis contains a basic analysis of legal regulations contained in international treaties concerning mainly international trade and types of contracts which are used in international trade, i.e. purchase and transport contracts. The core of this thesis is represented by...
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Internet business transactions with an international element: consumer protection in the European Union
Veselková, Kristýna ; Brodec, Jan (advisor) ; Bříza, Petr (referee)
INTERNET BUSINESS TRANSACTION WITH AN INTERNATIONAL ELEMENT: CONSUMER PROTECTION IN THE EUROPEAN UNION Abstract This thesis focuses on the legal aspects of consumer protection within the European Union when concluding a contract with an international element on the Internet. The motivation for the thesis is to address the new legal challenges which the matter creates. In case of contracts negotiated at a distance, there is no possibility of verification of the contracting party or goods or services themselves. Such situation increases the risk of abuse of the position of the stronger party. Furthermore, the unclear definition of borders in cross-border online purchasing complicates the matter of private international law on jurisdiction and applicable law. This thesis aims to describe and analyse the specific rules for consumer protection on the Internet within the European Union in order to inform stakeholders about the current state of the law in this area. In particular, the thesis deals with three issues: what kind of protection is provided to consumers in cross-border online purchase within the European Union; which court has jurisdiction over a dispute arising from consumer contract with an international element entered into on the Internet; and how the applicable law for these contracts is...
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International Child Abductions
Karetová, Barbora ; Bříza, Petr (referee)
International Child Abductions Abstract in English This dissertation thesis deals with the issue of International Child Abductions, which is a constantly growing phenomenon. The focus of the legal regulation of international abductions lies within the Hague Convention on the Civil Aspects of International Child Abduction (hereinafter referred to as the 1980 Convention), which was adopted on 25 October 1980. There are already 98 signatory States of the Convention. This fact makes the Convention, at least in terms of the number of signatory states, one of the most successful international treaties at all. In spite of the nearly forty years of this Convention, there are still uncertainties in interpretation of certain terms during its application. The introductory part of this work deals mainly with questions of interpretation of basic concepts such as habitual residence or the right to care for a child, as well as the interpretation of individual exemptions from the obligation to return the child to the state of his habitual residence without delay. This section analyzes in particular the case law of the United Kingdom and United States courts, which account for nearly 50 % of all international abductions. Recently, there has been discussion among academics and other professional on the decision- making...
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The choice of law and court in international trade
Bříza, Petr ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
The dissertation thesis deals with choice of law and choice of court in the area of international trade, as governed by the EU and international legal instruments. The thesis is divided into 4 basic chapters, its centerpiece being chapters II and III, which contain a detailed analysis of choice of law and choice of court in the EU legal instruments and also in international agreements. Chapter I is an introduction of the topic, while chapter IV brings a summary of findings and conclusions made throughout the thesis. The introductory chapter brings about the justification, why it was choice of law and choice of court, which have become the subject matter of the thesis. Right at the beginning, the importance of these tools for international transactions is demonstrated; principle of party autonomy, which is reflected in these tools, plays a key role here. It is party autonomy principle and its history, what is analyzed in the first part of this chapter, while the author comes back to this pivotal (and nowadays in principle universally respected) principle also in other chapters, always in relation to the specific legal instruments dealt with therein. The introductory chapter also discusses the reasons, why parties conclude choice of law agreements and it also analyses under which circumstances they...
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