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Non-contractual obligations with cross-border elements
Holečková, Kateřina ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Dolanská Bányaiová, Lucie (referee)
Non-contractual obligations with cross-border elements Non-contractual obligations form a specific part of the law of obligations. Non- contractual obligations are characterized by the fact that the respective parties enter them involuntarily and without a clear understanding of their legal regulation. In cases where the respective legal relationship contains a cross-border element, this lack of understanding is even deeper. The subject of this thesis are non-contractual obligations with a cross-border element and their regulation in private international law. The three fundamental questions of private international law are addressed: namely the issue of international jurisdiction, applicable law, and recognition and enforcement of foreign judgements. The current legal regulation of non-contractual obligations with a cross-border elements is contained in a number of legal resources - from international treaties and EU legislation to autonomous national law. The main objective of this thesis is to analyse these systems of legal regulation in order to determine whether they meet the requirement of legal certainty and foreseeability or whether its unification on international or at least a regional level would be beneficial in that regard. Apart from the introductory and conclusion parts, the thesis...
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The competence of arbitrators for deciding property disputes (from the perspective of their independence and impartiality)
Ryšavý, Lukáš ; Pohl, Tomáš (referee)
The main focus of this doctoral thesis is arbitration; the phenomenon of not only an out- of-court dispute resolution but also international commercial relations. Arbitration is a modern legal institute that is regarded as an equivalent alternative to court proceedings. Independence and impartiality of the arbitrator are very important and at the same time very problematic aspects of arbitration. These two principals accompany the arbitration since the beginning of the modern era of this institution and they are still perceived as essential criteria of the arbitration. Independent and impartial decision-makers are an integral part of the right to a fair trial enshrined in Art. 36 subsection 1 of the Charter of Fundamental Rights and Freedoms and Art. 6 subsection 1 of the European Convention on Human Rights. Although such legislation refers to the court in terms of a state court, in the course of this thesis was demonstrated that these attributes are also applicable to arbitrators, even though they must be interpreted in arbitration proceedings with respect to the characteristics of arbitration. Due to the fact that resolving disputes in this way is the most common approach in international trade, the main focus of this thesis is to depict the issues of independence and impartiality in relation of...
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Internet business transactions with an international element: consumer protection in the European Union
Veselková, Kristýna ; Brodec, Jan (advisor) ; Bříza, Petr (referee)
INTERNET BUSINESS TRANSACTION WITH AN INTERNATIONAL ELEMENT: CONSUMER PROTECTION IN THE EUROPEAN UNION Abstract This thesis focuses on the legal aspects of consumer protection within the European Union when concluding a contract with an international element on the Internet. The motivation for the thesis is to address the new legal challenges which the matter creates. In case of contracts negotiated at a distance, there is no possibility of verification of the contracting party or goods or services themselves. Such situation increases the risk of abuse of the position of the stronger party. Furthermore, the unclear definition of borders in cross-border online purchasing complicates the matter of private international law on jurisdiction and applicable law. This thesis aims to describe and analyse the specific rules for consumer protection on the Internet within the European Union in order to inform stakeholders about the current state of the law in this area. In particular, the thesis deals with three issues: what kind of protection is provided to consumers in cross-border online purchase within the European Union; which court has jurisdiction over a dispute arising from consumer contract with an international element entered into on the Internet; and how the applicable law for these contracts is...
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Internet business transactions with an international element
Škrabka, Jan ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
91 Internet business transactions with an international element Abstract The internet is a relatively new phenomenon that emerged a few decades ago. Since that, the importance of the internet was growing, and it has become a tool that the majority of people use every day. Therefore, the legal regulation needed to react to this expansion, and some legal concepts emerged, whereas the other ones were developed to reflect social relationships and business transactions on the internet. Similarly, the concept of consumer protection needed to reflect the changes as well. This thesis examines internet business transactions with an international element, focusing mainly on the aspects of consumer protection in such transactions. The aim of this thesis is to provide the answers to the research question and following hypotheses. The research question set in this thesis stands as follows: "Does the legislation analyzed provide adequate consumer protection within the context of international business transactions over the internet." The thesis uses mainly the method of analysis, but also comparative method, method of synthesis or descriptive method. The thesis is divided into the following chapters: introduction, which provides the reader with a research question and methodology. The next chapter focuses on the...
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Business Management in the Transnational Relations
Králik, Dominik ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Dolanská Bányaiová, Lucie (referee)
This dissertation deals with the institute of business management with a transnational element. At the beginning of the thesis there are given three basic goals of the work. Their common feature is the effort to make the internal market of the European Union more effective. In the first chapter there are two questions discussed: on the one hand the actuality of the problem and on the other hand the perspective of the chosen topic. The first chapter also brings the definition of the term business management, while in the second chapter there are already described possible interventions into business management under Czech law. In principle, it is possible to distinguish two different forms of intervention, namely internal and external intervention. Under Czech law, the internal intervention represents the institute of the requested instruction and the external intervention the institute of the concern instruction. Through both forms of intervention, a foreign person can exercise its influence on Czech company. The third chapter is in its essence legal comparatistics and deals with the possibilities of intervention into business management under selected legal orders. The fourth chapter seeks to collect laws regulating international concern relations. The fifth chapter handles with collisional...
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The Internet and Private international law
Bederka, Pavel ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
VIII Abstract The Internet and private international law This master's thesis deals with the current state and future development of the concept of digital content in the law of European union. A brief history concerning the Brussels- and Rome- community conventions and their replacement with the current regulations is presented in the first part of the thesis, along with several interesting cases of the Court of Justice of the European union. A model international consumer contract for supply of digital content concluded over the internet is used in conjunction with the Pammer/Alpenhof case in order to demonstrate the concept of directed activity within the meaning of the Brussels I recast and Rome I regulations. Next, the Falco and Usedsoft decisions are analyzed, along with possible consequences of the asserted exhaustion of intellectual property rights after first transfer of an intangible copy of copyrighted software, and the implications thereof. Subsequently a short theoretical digression is made to dissect the notion of goods as used by the UN convention on contracts for international sales of goods, in order to determine the limits of the convention vis-à-vis intangibles. The Vienna convention also presents a useful mirror to the (now dead) proposal for Common European sales law (CESL), as the...
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Companies in private international law
Lembas, Jan ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The objective of this thesis is to analyze legal framework of companies in private international law with focus on cross-border mobility of companies in the EU. The work consists of an introduction, five chapters and a conclusion. In the first chapter, the basic terminology used in the work and terms of private international law, collision standards, legal entities (persons) and companies are presented and defined. The second chapter is devoted to the personal statute of company and analyzes main theories of determining a personal statute - the incorporation theory and the real seat theory, their advantages and disadvantages are discussed and their comparison is mentioned at the end of the chapter. Incorporation theory enables cross-border transfer of company seats and defines law applicable to company forever, real seat theory has a protective function. Whereas incorporation theory uses the foundation of a company to determine applicable law, real seat theory uses the real seat of a company, the actual place where the company centers its activity. The third chapter discusses the subject from the point of view of the EU law. The freedom of establishment as legal basis for the movement of companies within EU is analyzed as well as basic articles of primary law regarding right of establishment....
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Obligational means of securing claims in the international trade
Micikowska, Natalia ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Zahradníčková, Marie (referee)
Obligational means of securing claims in the international trade Abstract The subject of this dissertation is obligational means of securing claims and their functioning in the commercial transactions with international coverage. The thesis is primarily concentrated upon the statutory securing instruments most often encountered in practice i.e. surety, financial (bank) demand guarantees, contractual assignment of receivables causa cavendi, letters of credit and letters of intent. The thesis is divided into four parts. The first part deals with the introduction into the subject of negotiable instruments of securing obligations, provides an overview of the historical development of selected instruments, endeavours to outline the difference between the securing instruments conceived as rights in rem and those seen as obligations and eventually raises the issue of methodology. Afterwards the analysis is carried out on two levels: in the second part the author focuses on the applicable approach in determining the governing law in accordance with international and national regulations and afterwards on the topic of the unified norms developed by the international organisations that may be relevant in the light of the thesis' subject-matter. In this regard the works of the International Chamber of Commerce in...
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Application of Choice of Law Rules
Žaloudek, Václav ; Růžička, Květoslav (advisor) ; Ondřej, Jan (referee) ; Müller, Milan (referee)
The present dissertation deals with selected questions arising in the course of the application of choice of law rules and of the foreign law designated on the basis thereof. In this context, the dissertation analyzes general issues connected to the selected questions and then compares the possible solutions as implemented in Czech law, EU law and in selected foreign laws. As far as Czech law is concerned, attention is also paid to its historical development; the same is true about some of the foreign laws discussed in the dissertation. The dissertation focuses on selected wording and interpretation difficulties that used to arise and still arise in the context of particular legal instruments. First, two basic hypotheses are set out; their verification is one of the aims of the dissertation. The first is the question of whether the doctrine of choice of law rules represents a self- contained and self-sufficient system that - at least on a theoretical level - offers answers to all questions arising in the context of the application of choice of law rules. The second is the question of whether the concept of a bilateral choice of law rule, as commonly implemented today, facilitates international private law interaction and is - at least on a general level - a suitable way of governing international private...
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Compensation for damage arising from breach of competition law from the perspective of private international law
Línek, David ; Černá, Stanislava (advisor) ; Brodec, Jan (referee)
1 Abstract The thesis deals with the topic of damages claims arising from breach of competition law. In particular, it focuses on the cases in which is involved a relevant international element. The thesis reflect the thought that even after adoption of Directive on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union, there are still significant differences between the legal systems of the Member States, which to a large extent affect the compensation for damages. The thesis is divided into six chapters, the first and last of which are general introduction and conclusion. The second chapter deals with the definition of private enforcement of competition law and its relation to private international law. The third chapter can be divided into two relatively separate parts. The first one deals with the general construction of damages in the Czech Civil Code and performs a basic comparison with the Germany and England. The second part deals with selected specific areas of competition law. In particular, with the topics such as: who is eligible to bring an action; who can be considered as liable; or the basic procedural specificities (the distinction between stand alone and follow-on actions, the...
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