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Damage compensation in cross-border cases focused on sport injuries
Stránská, Kateřina ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Poláček, Bohumil (referee)
The dissertation deals with the relationship between sport and the law, in conjunction with private international law. For more than a century sport passed through an important period of development. Many sports have been successfully forgotten, some have survived, and many can be included as the new sports with a tradition of several years or decades. Legal theory and legal practice so far took no particular need to take the issue of sports opinion. Sport is an objectively existing category in nature regardless the law. However, questions regularly associated with sports injuries and their resulting consequences emerged. The growing need for legal regulation of sport industry is primarily related to risks that sports bring to their surroundings and also to athletes. In the foreground there is the application of civil law, which affects compensation for damage to health and sports injuries. Clear solution has not been found to this day. The main goal of this thesis is to evaluate the current state winter sports legislation with an emphasis on skiing. The main topic of the dissertation is responsibility for damages in connection with ski injuries. Another objective is a certain attempt to process selected issues of mutual relations between sport and the law with a particular focus on the comparison...
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Carrier's Liability in International Carriage of Goods
Dvořáková, Adriana ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
The purpose of this thesis is to offer an overview of current legislative situation in international carriage of goods. Special attention is dedicated to carrier's liability in international transport of goods. In a global world, it is vital to keep balance between the rights and duties of both the carrier and the shipper. Otherwise, international trade would become next to impossible to perform. Therefore, dealing with the topic of carrier's liability might clarify certain aspects and possibly bring benefits to both contracting parties. This thesis consists of nine chapters. The three initial chapters present private international law and its methods. Next, the question of liability is briefly introduced. Finally, basic terms such as the carrier and the shipper are defined. In one of its subdivisions, the third chapter also mentions national regulations relevant to the topic discussed. On the contrary, the thesis as a whole addresses rules contained in international treaties. The following chapters are targeted on individual modes of transport, in order of appearance: carriage by rail, carriage by road, carriage by air, carriage by sea, carriage by inland waterways. However, not all of them are granted equal attention. The chapters covering carriage by road and by sea are essential. The reason for...
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International insolvency law
Foľta, Vlastimil ; Brodec, Jan (advisor) ; Pauknerová, Monika (referee)
The thesis is denoted to two principal issues of European insolvency law - COMI notion interpretation and forum shopping. On the background of historic development, it interprets the current wording of European Insolvency Regulation in the light of case law issued by the Court of Justice of the European Union. It also analyses benefits and drawbacks of proposed legislative changes to COMI motion in the connection with the contemplated amendment of the European Insolvency Regulation. It proposes that COMI of companies is determined using irrebuttable presumption of COMI in the place of their registered seat. Further, it distinguishes between positive and negative forum shopping. Also, it provides an overview of risks and advantages related to forum shopping. The thesis evaluates the efficiency of current and potential tools for forum shopping elimination. It also deals with the relation of forum shopping to EU principal freedoms.
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Topical issues of the regulation of international air carriage
Soukup, Viktor ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
Executive Summary The thesis "Current Issues of Regulation of International Air Transport" is dedicated to the very up-to date issues of international air transport of persons and goods, especially focused not only on actual regulation in Warsaw and Montreal Convention but also on commercial, technical and operational issues. The thesis is specifically structured it consists of four basic parts (chapters), dedicated to above mentioned aspects. A the beginning it briefly mentiones conception and sources of of regulation of air transport, second chapter focuses on Warsaw and Montreal Conventions with a view to transportation documents. Third chapter presents commercial issues, especially the airspace concept and freedoms of air. The last chapter deals with selected technical and operational issues. Supplement to the thesis "Current Issues of Regulation of International Air Transport" from 2007 reflects a period of 5 years since its submition. Since than a European Regulation 261/2004 has played an important role regarding carrier's liability. Minor changes of Warsaw-Montreal system are described next. Part dealing with commercial issues contains "Open Skies" treaty which liberalized transatlantic market. At the end the author contemplates on future trends and related necessity of regulation.
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Cross-border transfer of the company's seat within the European Union
Molnári, Daniel ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
The possibilities of cross-border transfer of company's seat within the European Union represent contemporary issues in the European company law. Currently, there is a large development in this field. The development is mainly based on judgements of the Court of Justice of the European Union. Over the last decades, cross-border transfer of company's seat has been the subject of controversy. The main reason is the lack of political interest in this issue. On the other hand, some of arguments relate to the difference between the approaches of the member states and the controversy between two main conflicts of laws theories: the incorporation theory and the real seat theory. The purpose of this thesis is to analyse the possibilities of cross-border transfer of company's seat within the European Union in the context of private international law. The thesis is composed of five chapters, each of them dealing with different aspects of corporate mobility. The first part of this thesis explains the theoretical background of the topic and defines the basic terminology. This part continues with the specification of aspects and conditions as regards the recognition of foreign companies as legal subjects. The second part describes the conflict of laws theories, their specific features and legal principles. Next...
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Legal aspects of the securing of obligations in international trade
Mišoň, Petr ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Legal aspects of the securing of obligations in international trade The securing of obligations in the international trade is recently, possibly more than ever before, very topical issue, and the reason is quite clear - there is a strong need to secure international contractual obligations by effective and reliable securing instruments because of the economic and debt crises which started in 2008 and has been still a very actual problem. This thesis focuses on legal relations arising from the securing of contractual obligations in the international trade. The goal of the thesis is to describe legal aspects of securing obligations considering the determination of an applicable law, under which the securing is governed. Because of the author's long- term working bank experience, the final part of the text deals with a securing by a bank guarantee. In the first part of the thesis there are described legal relations in which an international element appears, and there are also described a purpose, function, categorization and different types of securing instruments respective of the international trade. The second part of the thesis deals with the problem how to determine which law is the applicable one for securing of obligations in the international trade. There are described legal aspects of...
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The Internet and private international law
Roubíček, Martin ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
The thesis analyzes the opportunities and limits of application of international private law on the internet. The thesis consists of three areas of interest, one chapter each. The first chapter describes internet from relevantly technical point of view. Internet is distinguished from the services like WWW and analyzed by the view of law as medium that allows formation and realization of legal relationships. Identified are core internet characteristics which create impediments to the application of conflict of law rules. Particular attention is paid to the current state and future of geoidentification. The second chapter unveils possibilities of traditional methods of private international law to cope with the new environment. Firstly are outlined elements of international private law, consequently determined applicable methods and assets and drawbacks of their application on the internet. Finally are delimited applicable instruments in European and Czech law and analyzed from the point of eligibility to effectively govern legal relationship, preferably contracts, emerging on the internet. The last chapter deals with regulation of international B2B e-commerce. Firstly is defined the term itself, identified are the most important laws concerning the matter and finally is analyzed United Nations...
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Liability of the carrier in international carriage of goods
Melkus, Robert ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
It is expected that the massive expansion of carriage of goods that went on in past couple of decades will soon resume after the worldwide recession. Due to its flexibility, speed, ability to deliver "door to door", low price and other positive qualities the most popular type of carriage is carriage of goods by road, which is also the type of carriage of goods that this thesis is mainly focused on. The goal of the thesis is to describe and explain legal aspects of international carriage of goods by road with a special focus on the liability of the carrier. The most important legal regulation that governs the area of international carriage of goods by road is the Convention on the Contract for the International Carriage of Goods by Road (hereinafter the CMR Convention) that has been signed on May 19, 1956. It is an exceptional piece of legislation, which is in effect for more then fifty years with only two minor changes since its adoption.
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International sales contract
Lauermannová, Irena ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
International sales contract The purpose of this diploma thesis was to analyse the term "fundamental breach" of international sales contract as defined in Art. 25 of the United Nations Convention on Contracts for the International Sale of Goods (hereinafter the " Vienna Convention"). The thesis is composed of introduction, conclusion and four chapters, each of them dealing with different aspects of the international sales contract and its breach. Chapter One is introductory and defines first international sales contract and Vienna Convention. The chapter is subdivided into two parts. Part One describes the characteristics of international sales contract. Part Two deals with history and characteristics of Vienna convention, and also explains the relationship between Vienna Convention and Regulation Rome I. Second chapter describes three interpretative principles specified in Art. 7(1) of Vienna Convention, i.e., a) regard to the international character of the Vienna Convention, b) need to promote uniformity in its application and c) the observance of good faith in international trade. The chapter consists of three parts. Part One focuses on regard to the international character of the Vienna Convention. It states, that the Vienna Convention should be interpreted autonomously, without reference to the...
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