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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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International sales contract: formation of internationals sales contract under the CISG
Gavrilova, Iva ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
The topic of this thesis is the international sales contract and its formation under the United Nations Convention on Contracts for the International Sale of Goods (CISG or the Vienna Convention). The Vienna Convention is the most significant and widely used legal instrument governing the international sales contract. The aim of this thesis is to highlight interesting aspects of the contract, carry out a deeper analysis of the regulation contained in the Vienna Convention, and to point out and clarify problematic areas. The thesis is composed of two major parts, with the first part essential to the understanding of the second. The first part deals with the basic provisions of the Vienna Convention. It briefly describes its creation, then its sphere of application. Within this part the term "international sales contract" is defined and distinguished from its domestic counterpart and also from the contract for services. The term "goods" is discussed in the context of this regulation. It then deals with the consequences of freedom of contract, the issue of gaps in the regulation and their filling and the interpretation of the regulation. Finally it discusses the question of trade usages, when the CISG differentiates between the usages and practices established between the parties on the one hand and...
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Private international law and the issues of business companies
Koucký, Luboš ; Brodec, Jan (advisor) ; Pauknerová, Monika (referee)
The presented thesis seeks to provide a comprehensive commentary on the status of companies and trusts in the area of private international law with special emphasis on the modern development of Czech law. Aforementioned instruments were chosen especially with respect to their frequented use for asset management purposes. The essential part deals with status of companies in the European Union along with the main discrepancy between member states in determining the connecting factors. Aside from defining a nature of company and the fundamental theories setting its personal status, the author puts forward a historical excursus into the jurisprudence of Court of Justice of the European Union in shaping the freedom of establishment for legal persons. The section concludes with the topic on mergers and conversions as vehicles enabling the cross-border transfer of company seats. The structure of the subsequent part reflects a high dependency of shape of trusts and trusteeships on national legislation. The chapter opens with introducing the term equity and goes on to basic attributes of British trust. These introductory parts are followed by the analysis of this instrument with respect to international treaties. The conclusion scrutinizes trusteeship as embedded in new Czech civil code, together with...
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International Sales Contract
Vošahlík, Petr ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
The objective of this thesis is to frame the scope of application of the Vienna Convention on the International Sale of Goods and other instruments of private international law relating to the international sales contract. In this field the gaps in the Vienna Convention are analysed and methods to fill them are explored. The first chapter introduces the key terms of international trade law. First, the types of legal provisions are listed and then the sales contract is defined under both, the Czech law and the Vienna Convention. In the second chapter I focus on the overview of the development of international uniform sales law and on further sources of law, which are important for international transactions. Besides the Convention itself, I study the Rome I Regulation, the uniform principles of international contract law and the Common European Sales Law. The third chapter advances to the core of the thesis, the gaps in the Vienna Convention. After defining the gaps and characterising them, I formulate the basic principles underlying the Convention, which are to be used to fill the internal gaps. In the last, fourth chapter I selected three gaps in the Vienna Convention: interest rate, set off and the form of the contract. One by one, I explain their nature and all approaches to the gap-filling with...
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Companies in private international law
Flutka, David ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
COMPANIES IN PRIVATE INTERNATIONAL LAW - ABSTRACT The aim of this thesis is to familiarize the reader with the regulation of companies in private international law, with special regards to status of the company. The topic is mainly overtaken by the conflict between the incorporation principle and real seat principle. This conflict is reflected in the legal regulation of companies in private international law on both national law level and European law level. It is also connected to the question of competition between legal systems, which the thesis also deals with. Considering the globalizing world we live in and in which the perpetual need to reduce costs plays more and more important role, the topic is highly current. The thesis is divided into 7 chapters. The introductory chapter introduces the topic and points out the objectives of the thesis. The second chapter explains the basic concepts it is going to work with, namely the concept of a company and private international law (conflict of laws). The following chapter discusses the question of status of the company. It explains the definition of status of the company and afterwards describes the individual theories of determining it, i.e. incorporation theory, real seat theory and a few other rarely used theories. In the fourth chapter, the author pays...
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International Internet Law and Jurisdiction in Internet Related Disputes
Nováková Krajcová, Barbora ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Poláček, Bohumil (referee)
© JUDr. Barbora Krajcová Mezinárodní internetové právo a příslušnost soudu v internetových sporech ABSTRACT The aim of this dissertation thesis is to provide an analysis of International Internet Law from an electronic commerce and, in particular, procedural law perspective. The author focuses on questions relating to jurisdiction which are, according to the author's opinion, specific and controversial to electronic commerce cases. Other questions of procedural law, such as, for example, recognition and enforcement of judgments, are not analyzed in this thesis, since the author does not see any specific issues with these questions in connection with electronic commerce. The Chapter No. 1 in the theoretical portion of this dissertation thesis refers to internet as medium operating electronic commerce. The Chapter No. 2 reflects key and basic terms, contains, inter alia, definition of electronic commerce. However, this thesis analyses questions of jurisdiction the Chapter No. 3 analyses also substantive law relating to electronic commerce and the basic terms used throughout this thesis. Due understanding of substantive law (from an EU law perspective; the e-commerce directive and from an international law perspective; the UNCITRAL Convention on Use of Electronic Communications in International Contracts) its...
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The liability of the carrier in international carriage of goods (focused on carriage of goods by sea)
Lojda, Jiří ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Poláček, Bohumil (referee)
The liability of the carrier in international carriage of goods is a classical issue, which is well known, but still actual. The increasing intensity of international trade has impact on the demand for the transport services. Different rules in different legal systems constitute a hindrance for a proper functioning of international transport services. Nowadays, this problem is well solved by the international conventions containing certain rules, regarding contract of carriage in international transport of goods. However, these conventions govern the contract of carriage only in particular mode of transport which is the reason why it is necessary to describe the liability of the carrier in all these particular modes of transport. The starting point of this thesis is to describe the applicable sets of rules, which can govern the contract of carriage in international transport. Today, the relation among these sets of rules can appear be genuinely complicated. The most crucial point seems to solve the problem of relation between the conventions containing certain rules regarding contract of carriage and the legislation of the EU. In the EU, the most important sets of rules are Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to...
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