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Companies in private international law
Botová, Hana ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Companies in private international law Abstract The purpose of my thesis is to analyze the regulation of companies in private international law with the focus on the possibilities of cross-border movement of companies. In today's globalized society, the mobility of companies affects both economy of the state and lives of the employees, creditors and other parties. It is therefore subject to regulation. State's conflict of laws rules are based on two main methods to determine the status of the company, i.e. the incorporation doctrine and the real seat doctrine. These two doctrines are clashing in many aspects. The thesis is composed of an introduction, followed by five chapters, and a summary. Chapter One is introductory and defines basic terminology used in the thesis: the terms company and private international law. The second chapter explains the concept of status of a company and analyses the incorporation theory, the theory of real seat and the theory of super-addition. It also deals with the cross-border transfer of seat. Chapter Three examines Czech legislation regarding the personal status of a company. It explains the historical background and recent Czech concept of the incorporation theory, addresses the issue of seat in Czech law and investigates the regulation of cross-border transfer of seat....
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International insolvency law
Čermák, Jan ; Brodec, Jan (advisor) ; Růžička, Květoslav (referee)
This diploma thesis deals with the topic of international insolvency law, in particular with certain areas of European insolvency law, with an emphasis on the matters of international jurisdiction for opening of main and territorial insolvency proceedings and international jurisdiction to hear actions related to insolvency proceedings. Furthermore, this diploma thesis is aimed at evaluation of the Czech legislation regarding cross-border insolvencies. The legal framework for European insolvency law was incorporated into the Insolvency regulation in 2002. Due to disagreements between certain member states of the EU regarding some of the important institutes of cross-border insolvencies the Insolvency regulation often contains vague provisions. It, therefore, fell to the Court of Justice of the European Union to provide interpretation of such ambiguous clauses. In 2012 the European commission created a report on the application of the Insolvency regulation and simultaneously presented a long awaited proposal for modernisation of the European insolvency law in the form of the Insolvency regulation recast. The aim of the Insolvency regulation recast is to promote cooperation between member states in the matter of cross-border insolvency proceedings. Additionally, it codifies a substantial part of the...
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Private international law and the issues of business corporations
Šarapatka, Matěj ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
The aim of this work is to analyse the companies under the private international and European law, their cross-border mobility and the problems associated therewith. Crucial emphasis is placed on the synthesis of foreign and Czech authors and confrontation of theory and practice in the light of the current global development of company law in private international law. The key point is the determination of personal status of the company and the conflict between the incorporation theory and the real seat theory. At the outset the author explains the reasons which led him to write this thesis, including the methods used to do so. The whole thesis is divided into four main thematic areas. In the first chapter, some of the basic concepts are defined in order to clarify the thematic framework within which the thesis will be dealt with. The second chapter addresses the definition of the term "Company", its personal status, various approaches to determine the effects of different conflict theories and the regulatory competition arising thereof. The third part deals with a detailed analysis of the Czech law, in particular with the relationship between the Czech Republic and foreign companies, the concept of residence, criteria for determining personal status and different approaches to the cross-border...
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International insolvency law
Šerák, Martin ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
This thesis focuses primarily on the field of European cross-border insolvency law, currently represented by the EU Regulation on Insolvency Proceedings (EC No 1346/2000). The EU Regulation considered theoretical conflict between advocates of universalism and territorialism, and is generally regarded as reflecting it in a way of modification, which is represented by distinction between main and ancillary insolvency proceedings. Determination of international jurisdiction in the main insolvency proceedings is inherently linked with the criteria of the centre of main interests (COMI), which serves as a specific connecting factor to constitute both the court with jurisdiction and applicable law, for the purpose of the whole insolvency process in accordance with the principle lex fori concursus. The COMI concept is the root of the jurisdiction trouble, thus this thesis aims at providing substantial information on the concept, since the EU Regulation neglects its proper introduction. One of many issues related to COMI conception is a phenomenon of forum shopping, term used to describe situations when debtors manipulate with facts relevant for establishing jurisdiction, in order to obtain more favourable position, usually at creditors' expense. The thesis also deals with another important initiative in...
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Private international law from a comparative perspective (comparison of a particular segment in Czech law and the law of a selected country): International company law in the Czech Republic and in the Federal Republic of Germany
Lindauerová, Natálie ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Summary: Private international law from a comparative perspective (comparison of a particular segment in Czech law and the law of a selected country): International company law in the Czech Republic and in the Federal Republic of Germany The purpose of this thesis to familiarize reader with the regulation of companies in private international law in the Czech Republic and in the Federal Republic of Germany. This thesis primarily compares the approaches of these two states to the methods of determining the personal status of the company and to the regulation of companies in general. Significant part of this thesis is therefore being focused on to the incorporation theory and real seat theory. Due to the membership of both of the states in the European Union, this thesis also deals with the European regulation of companies and analyzes the case law relating to the personal status and relocation of companies within European Union. This thesis is divided in six chapters. The first chapter explains the concept of international private law and international company law. The second chapter discusses the status of the company and basic theoretical approaches to its determination. This chapter is mainly dedicated to the incorporation theory and real seat theory. The third chapter is devoted to the Czech regulation...
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Legal position of an arbitrator in international commercial arbitration
Růžičková, Markéta ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The thesis is dedicated to the issue of the legal status of arbitrator in international commercial arbitration. Arbitration is not a new phenomenon, much of its development has taken place in the 19th century, when alongside with arbitration ad hoc an institutional arbitration has also been created and permanent arbitration courts were established. The best known permanent arbitration court is undoubtedly the International Court of Arbitration of the International Chamber of Commerce in Paris. The first chapter focuses on the insight into the history of arbitration. Certain terms relating to arbitration are defined in the first chapter in particular the concept of international commercial arbitration. The question of arbitrability, ie. admissibility of arbitration, is also addressed there. In the second chapter the types of arbitration are analyzed - ad hoc and institutional arbitration, facultative and obligatory arbitration, traditional and online arbitration, international and domestic arbitration; as well as different types of arbitration agreements - agreement on an arbitrator, the arbitration clause, unlimited compromise, asymmetric, pathological and combined arbitration clause. The third chapter is dedicated to the advantages and disadvantages of arbitration compared to proceedings in...
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Topical issues of the regulation of international air carriage
Odstrčilíková, Tereza ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Topical issues of the regulation of international air carriage The main purpose of this work is to provide its readers with an overview of the many facets of passenger rights in such dynamic area as international air carriage. Development in this area has given rise to issues and challenges, including the overlapping of legal and geographical scopes of different air passenger protection instruments. Over the last decades, several air passenger protection regimes have developed across the world, in particular on international, European Union and national level. But does the patchwork work? The history of multilateral regulation in the field of international air transport with regard to air passenger rights could be said to have begun in 1929 when the Warsaw Convention was originally signed. The importance of the convention lies in unification of the rules concerning the documents of carriage and the liability of air carriers. In 1955 the Warsaw Convention was amended by the Hague Protocol, which substantially redrafted, modernized and simplified rules relating to the documents of carriage as well as doubled the limit of carrier liability with respect to persons. The Warsaw Convention's application was subsequently extended to the carriers actually performing the transport by air when a passenger...
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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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New trends in international commercial arbitration
Jakoubek, Lukáš ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
This diploma thesis deals with the latest trends in international commercial arbitration. Specifically, it focuses on transparency in international investment arbitration and third-party funding in international commercial arbitration. The objective of this thesis is to provide a comprehensive interpretation of a gradual development of these trends and to also give potential Czech readers an idea about present hot topics in international arbitration coming mostly from foreign sources of bibliography. The thesis is divided into three chapters. The first chapter dedicates itself to defining arbitration in the context of various dispute resolution methods and provides its basic comparison to international arbitration. At the same time, it offers an insight into the advantages and disadvantages of this type of dispute resolution and it discusses the principles of confidentiality and privacy of arbitration proceedings. The second chapter is divided into two main parts. The first one is focused on defining key terms of the specific area of international investment arbitration, including different regimes of treatment of international investments in order to protect them. It also includes a detailed description of the most important sources of international investment law and further discusses ways to...
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UNCITRAL Model Law on Cross-Border Insolvency
Biolek, Vít ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
This work focuses on cross-border insolvencies, namely on the UNCITRAL Model Law dealing with cross-border insolvency. It analyses the structure of the Model Law and its various institutes while taking into account the relevant jurisdiction. The cooperation and coordination process between the courts and insolvency administrators is seen as a particularly promising area. Emphasis is placed on the relationship between the Model Law and European Law, in particular on the Regulation No. 1346/2000 and No. 2015/848. The Model Law and both Regulations are compared based on the comparison of individual institutions by analysing their conceptual and substantive differences and by outlining different functions in practice. The limits of national legislation are demonstrated by comparing the laws of the states which have not adopted the Model Law (Czech Republic, Germany, France and China), with the opportunities offered by the Model Law. The Czech and Ukrainian Laws of the international insolvency de lege lata are compared with the hypothetical status that would have arisen when the Model Law is applied in both countries, including practical examples. Also the current trends related to the cross-border insolvency law are outlined, as significant expansion of cross-border insolvency agreements is expected.
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