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Brussels I Regulation and other procedural legislation of European private international law
Jindrová, Daniela ; Brodec, Jan (advisor) ; Kučera, Zdeněk (referee)
Regulation Brussels I and other procedural legislation of European private international law Diploma thesis is particularly focused on rules regulating jurisdiction according Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, so called Brussels I Regulation. The Brussels I Regulation represents a cornerstone of European judicial cooperation in civil and commercial matters. The main aim of my thesis is to provide comprehensive interpretation of jurisdictional rules in accordance with this regulation. The thesis is systematically divided into nine chapters. The purpose of Chapter One is to introduce a complex issue of European Private International Civil Procedure Law by way of defining the essential terms, subsuming it under the broader framework of private international law and also by describing historical development of this area. Next chapters are entirely concentrated on the Brussels I Regulation. Chapter Two addresses general aspects of this regulation. Those are development and subject matter of the regulation and interpretation of basic terms such as jurisdiction and domicile. Chapter Three deals with scope of application, the understanding of which is fundamental for a correct application. Five subsequent...
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The Internet and Private International Law
Holub, Martin ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The main focus of the thesis is the issue of determining jurisdiction in matters of tort, delict or quasi-delict with regard to the internet. The author finds that the general rules of determining jurisdiction are suitable for use even in disputes arising with connection to the internet. However, strict application of the aforementioned rules would lead to undesirable results. Therefore it is necessary to construe the general rules in such a way that takes into account the unique characteristics of the internet environment. Given the fact that courts are mainly responsible for the interpretation and application of the general rules, significant decisions of European and American courts are thoroughly analyzed. Even though the main focus of the thesis are the decisions of the courts, recent findings of jurisprudence and recommendations of the international bodies are taken into account as well. In the opening chapters, the unique characteristics of the internet and basic rules for determining the special jurisdiction are presented. Although the issue of determining jurisdiction in contracts is also mentioned in chapter 3, this topic exceeds the scope of this work and is discussed mainly in connection with the "targeting" criterion, which is also significant for out of contract issues. Chapters 4 and...
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Brussels I Regulation and other procedural legislation of European private international law
Jindrová, Daniela ; Brodec, Jan (advisor) ; Kučera, Zdeněk (referee)
Regulation Brussels I and other procedural legislation of European private international law Diploma thesis is particularly focused on rules regulating jurisdiction according Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, so called Brussels I Regulation. The Brussels I Regulation represents a cornerstone of European judicial cooperation in civil and commercial matters. The main aim of my thesis is to provide comprehensive interpretation of jurisdictional rules in accordance with this regulation. The thesis is systematically divided into nine chapters. The purpose of Chapter One is to introduce a complex issue of European Private International Civil Procedure Law by way of defining the essential terms, subsuming it under the broader framework of private international law and also by describing historical development of this area. Next chapters are entirely concentrated on the Brussels I Regulation. Chapter Two addresses general aspects of this regulation. Those are development and subject matter of the regulation and interpretation of basic terms such as jurisdiction and domicile. Chapter Three deals with scope of application, the understanding of which is fundamental for a correct application. Five subsequent...
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