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Companies in private international law - piercing the corporate veil
Lokajíček, Jan ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The thesis is divided into two parts. The first part deals with the companies in the field of the international private law. After the introduction and general remarks on the topic it proceeds to the recognition of foreign companies in the law of the Czech Republic. Subsequently, personal statute of such companies and its determination is discussed. Next the first part of the thesis focuses on the conditions under which foreign companies can run their business in the Czech Republic. Lastly, the possibility of cross-boarder movement of the companies' seats into and out of the Czech Republic is analysed. The first part of this work takes into the consideration not only the Czech law but also the law of European Union and the relevant case law of the European Court of Justice. The second part of this work deals with doctrine called piercing the corporate veil, which was established in the common law area. It analyses grounds leading to the posibility of aplication of this doctrine in common law area and in German law. The work examines cases of single companies as well as of companies being part of a group of companies. After the analysis of grounds leading to the posibility of use of the piercing the corporate veil follows their generalisation and synthesis. The conclusion of the work is dedicated to...
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Right of establishment in international private law
Štaňko, Andrej ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Right of establishment in International Private Law Private companies act in the international context more intensively than any time before. There are many ways how to act on the international market. One solution is to establish a branch or a representation office instead of establishing a brand new company. The right to act in the international context using branch companies and transfer of seat is known as the freedom of establishment. The thesis covers main issues concerning the freedom of establishment and also discusses the case law issued by the Court of Justice of the European Union. The comparative view of the seat and incorporation principles is used in the thesis. With a greater detail to the Czech law, the issue of the foreign companies' recognition is discussed. The Czech law recognizes foreign companies even in the form in which it is no longer possible to establish new company in the Czech Republic. In this regard basic elements of the bare trust are discussed. The case law of the the Court of Justice of the European Communities opened Europe's corporate space and allowed the competition between the national jurisdictions to begin. Author compares situation arised on the European market with the situation in the US. As an evidence of the distinction between different US states'...
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Conflict of laws issues arising in connection with securing, changes and consequences of breach of obligations
Bohorodčaner, Pavel ; Kučera, Zdeněk (advisor) ; Dobiáš, Petr (referee)
This work deals with securing, changes and consequences of breach of obligations from the view of conflict of laws. It is based on a comparative method - conflict of laws rules contained in Act No. 97/1963 Sb., international civil and procedural law act, as amended are compared with Convention on the law applicable to contractual obligations opened for signatures in Rome in 1980 and the Regulation No. 593/2008 on the law applicable to contractual obligations. In several parts of this work, the legal regulation of the laws of Russia, Switzerland, England and Austria is reflected.
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The Institution of the Expert Witness in International Private Law
Eichinger, Lukáš ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
8 Resumé If we sum up the findings from the stipulated thesis, then it can be stated that current European legislation does not regulate the field of expertise in a uniform manner. In the Czech Republic, the activity of the expert witness is regulated for in the Act on Expert Witnesses and Interpreters as amended by the implementing decree of the Ministry of Justice for implementation of the Act on Expert Witnesses and Interpreters and Organisational instruction of the Minister of Justice, which regulates procedure on handling of applications for registration in the list of institutions qualified to perform the activity of an expert witness. The purpose of this regulation is to ensure due performance of the activity of expert witnesses in proceedings held with public authorities, as well as the activity of expert witnesses performed in accordance with the legal acts of natural persons and corporate entities. Regulation is provided for the conditions for performance of the activity of expert witnesses, the rights and obligations of expert witnesses, conditions for the activity of institutions providing expert witness services, the competence of the Ministry of Justice and regional courts whilst performing state administration of expert witness services and liability for administrative offences whilst...
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Marriage in private international law
Vaníčková, Martina ; Zavadilová, Marta (advisor) ; Pfeiffer, Magdalena (referee)
In the current globalized world with its high level of international migration, international marriage is not something uncommon. As a result of population migration, for example, the marriage of two persons of different nationalities occurs. This thesis defines matrimonial law in the context of private international law. It offers an insight into the conflict of laws surrounding the issues of marriage with an international element, defining the form in which the international element can arise in international matrimonial law. National, EU and international legislation is taken into account when dealing with the issues surrounding conflict of laws. In addition to the introduction and conclusion, the thesis is divided into six chapters. The first three chapters contain the theoretical aspects, which is crucial for understanding the topic of the thesis. The remaining three chapters deal with specific institutions within matrimonial law. The first chapter defines the concepts of marriage, private international law, and marriage in the context of private international law, which includes a brief look at the historical development of this branch of law. The second chapter focuses on an overview of the sources of legislation at the national, EU and international level, including their interrelationship....
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Expert Witness in International Private Law Context
Eichinger, Lukáš ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
1 Abstract If we sum up the findings from the stipulated thesis, then it can be stated that current European legislation does not regulate the field of expertise in a uniform manner. In the Czech Republic, the activity of the expert witness is regulated for in the Act on Expert Witnesses and Interpreters as amended by the implementing decree of the Ministry of Justice for implementation of the Act on Expert Witnesses and Interpreters and Organisational instruction of the Minister of Justice, which regulates procedure on handling of applications for registration in the list of institutions qualified to perform the activity of an expert witness. Czech legislation for the activity of an expert witness in international private law is especially contained in the Act on International Private Law and individual treaties on legal assistance which the Czech Republic is bound by. International regulations and the regulations of the European Union for the field of expert witnesses is especially enshrined in the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, the Regulation on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters, the Treaty on the Functioning of the European Union, the Directive of the European Parliament and of the...
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International law aspects of tort liability on the internet
Vondřich, Lukáš ; Pauknerová, Monika (advisor) ; Poláček, Bohumil (referee) ; Kunz, Oto (referee)
The technological development of recent years has brought not only new forms of electronic communication and social phenomena, but also a number of legal questions. As the internet creates a parallel cyberspace, a number of traditional legal rules have been called into question, including the rules for determination of court jurisdiction and governing law. This area is discussed in this dissertation thesis. The goal of this thesis is to identify problematic moments of interpretation and application of existing rules of private international law in the context of cross- border delicts on the internet and to find suitable solutions if they exist. Regarding methodology, this thesis uses the analytical approach, in particular in relation to case law and legal regulations. It is complemented by the comparative method, regarding evolution in time and regarding various legal cultures. The first chapter deals with the phenomena of digital information, the internet and the related philosophical or social areas, such as virtuality or cyberspace. The second chapter deals with legal regulation of the internet, censorship and the special position of certain providers of information services. In the third chapter there are defined the concepts of delict and delictual liability, with emphasis of this institute in...
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Protection of children under international private law
Mimochodková, Barbora ; Dobiáš, Petr (advisor) ; Pfeiffer, Magdalena (referee)
The topic of this diploma thesis is the protection of children under the international private law. Currently, influenced by globalization and the free movement of persons, it is a relatively recent issue. It is not possible to cover the whole area of the child protection, therefore, this diploma thesis focuses on the question of the procedural status of the child, parental responsibility, maintenance obligations and international adoption. The objective of this thesis is to present to the readers a comprehensive view of child protection under the international private law in the areas above. The diploma thesis is written with using the descriptive research method and primary and secondary sources were used. The diploma thesis is divided into five chapters, introduction and ending. For readers convenience, chapters are further divided into subchapters. The intorductory chapter contains a historical sketch of the protection of children, for example in the period of ancient Rome and in the Czech in modern times, further it deals with the act on private international law and the history of czech legislation on private international law, the issue of determining the boundaries of adulthood and definition of child and about the Office for International Legal Protection of Children in the Czech Republic....
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The internet and private internaional law
Kořínková, Petra ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The purpose of my thesis is to analyse the regulation related to the Internet and private international law. The Internet is a quickly developing system of interconnected computer networks. Recent expansion of the internet caused that it becomes almost an essential part of our lives which serves either to communicate or to contract. A growing number of internet-users raised a question of a need for more specialized legislation related to the Internet and e-commerce. The thesis is focused on the regulation applicable to the internet and e-commerce and questions raising when rules intended for real-life obligations are being applied on the Internet. The thesis is composed of six chapters, each of them dealing with different aspects of the topic. Chapter One is introductory. It explains the connection between private international law and the Internet and presents relevant legislation of the Czech Republic and the European Union. Chapter Two and Chapter Three explain where the contracting party can expect to be sued and which jurisdiction's law will be applied. Chapter Four concentrates on e- commerce and contracts in cyberspace. According to the differences in formation of contracts there are click-wrap agreements, click-through agreements, browse-wrap agreements, shrink-wrap agreements and contracts...
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"E-business" and International Private Law
Davidovová, Daniela ; Pauknerová, Monika (advisor) ; Poláček, Bohumil (referee) ; Ondřej, Jan (referee)
Univerzita Karlova Právnická fakulta "E-BUSINESS" A MEZINÁRODNÍ PRÁVO SOUKROMÉ ("E-business" and International Private Law) Abstract 2014 Daniela Davidovová ABSTRACT This work concerns selected aspects of e-business and international private law. Its goal is to determine, whether the current rules of international private law are applicable to the legal relationships resulting from e-business. The work consists of six chapters: Internet and E-business, E-business and International Private Law in the Czech Republic, Application of International Private Law rules to selected contract types, Contractual terms of selected e-business entrepreneurs, Specific rules applicable to non-contractual legal relationships and De lege ferenda. The first and second chapters provide the essentials of the problematic, including the terminology and explanation on how the internet and e-business works. Chapters three and five enable to observe theoretical problems of International Private Law rules applicable for e-business legal relationships. The main questions observed in this work are following: what is the competent court and what is the applicable law in the legal relationships arising while doing e-business? Answers are provided from the perspective of the Czech e-business entrepreneur who is selling products/providing...
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