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Conflict of Laws in the European Union Law concerning Obligations
Spozdilová, Karolina ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Kučera, Zdeněk (referee)
The aim of this thesis is to analyze the proper law under the Rome I Regulation and the Rome II Regulation and find out the differences and similarities between them. The thesis is composed of introduction, four parts and conclusion. The part One describes general and theoretical topics of European Private International Law (EPIL) - explains the notion and methods of regulation of Private International Law, notion, meaning, and sources of law and principles of application of EPIL. The part Two is concerned with the history of creation, structure, and scope of the Rome I and Rome II Regulations. Parts Three and Four represent the core of this thesis. The part Three analyzes the proper law of contract under the Rome I Regulation and non- contractual obligations under the Rome II Regulation. It focuses on ascertaining of the applicable law for obligations, on limits of the proper law and other related questions. Part Four summarizes all knowledge. It illustrates the results of comparison of the Rome I and Rome II Regulations.
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A Criterion of Habitual Residence in Private International Law
Pfeiffer, Magdalena ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
This dissertation deals with one of the most significant concepts of contemporary private international law - the concept of habitual residence. The concept of habitual residence was introduced into the field of private international law within the context of the unification work of the Hague Conference of Private International Law in the interest of finding a compromise between the traditional connecting factors of domicile, dominant in the sphere of common law, and nationality, that is historically closely bound to continental legal systems. Thanks to the long and systematic unification work of the Hague Conference of Private International Law, the connecting factor of habitual residence has gained a permanent indisputable position in private international law. The concept of habitual residence has also forcefully made its way through into the rapidly developing sphere of European private international law. The European Union has followed in the footsteps of the Hague Conference of Private International Law: habitual residence is today the central, most frequently adopted connecting factor in the unified conflict-of-laws rules, that determine the applicable law, as well as in the rules that determine the jurisdiction of the forum. Building on the recent intense development in this field of...
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European international law - selected issues
Ondrušová, Miroslava ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
1 ABSTRACT European international law - selected issues The subject of this thesis is an analysis of a new procedural measure of European law - European order for payment (hereinafter as "EOP") and exploration of its application in practice from the perspective of the Czech plaintiff and Czech court. I have chosen this topic because of my own experience concerning cross-border debt recovery through the EOP. In this context, I decided to find out how this legal measure works in practice with regard to its purpose of providing a simplified, accelerated and cost effective procedure for the recovery of uncontested pecuniary civil and commercial claims in cross-border cases. In the final part of the thesis, I made the conclusion that the Council Regulation 1896/2006 of 12 December 2006, in creating a European order for payment procedure, (hereinafter as "REOP") meets its objectives and its implementation is a valuable asset to the creditors against non paying debtors. The thesis is divided into 3 parts. The first part is as an introduction to European private international law containing five chapters. The first and second chapters explain the concepts of private international law and European private international law. The third chapter deals with their mutual relationship. The fourth chapter describes the...
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Procedure on European Order for Payment - parallels and differences in comparison with European, Czech and German law
Ranič, Radim ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This rigorous thesis deals with the European order for payment in terms of parallels and differences with the European, Czech and German law. On the basis of predefined criteria the work compares the European o rder for payment with the Czech payment order and the German payment order, while the relationship with other European International Private Law institutes has not escaped our attention. Due to the longer effectiveness of the European order for payment regulation we were able in this work to evaluate experience with its application and the case law. A number of identical features of payment orders have been identified in the work, such as their speed of the procedure, optionality, issue without the hearing of the opposing party and their cancellation after objections against them. Differences have also been identified, mainly in the scope of application, different use in cross-border cases, different demand on the scope of evidence in the proposal for issue, the structure of the procedure as one or a two step and different time limits for filing of objections.
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Preliminary question raised by czech courts regarding jurisdiction pursuant to the Brussel I and Brussel I bis Regulation
Hrušková, Monika ; Brodec, Jan (advisor) ; Pauknerová, Monika (referee)
Preliminary question raised by czech courts regarding jurisdiction pursuant to the Brussel I and Brussel I bis Regulation Abstract This thesis deals with jurisdiction in the Brussels I and Brussels I bis regulations. It primarily places the emphasis on an interpretation of the individual provisions of the regulation as governing the jurisdiction of the Court of Justice, in particular in the form of judgments in preliminary ruling procedure, focusing mainly on the preliminary rulings of Czech courts. The paper is divided into four chapters, preceded by a general introduction and completed with a conclusion. The first chapter deals with the development of preliminary rulings in European law, the harmonisation of its dualistic regulation from Articles 68 and 234 of the Treaty on Establishing the European Community in Article 267 of the Treaty on the Functioning of the European Union and a description of preliminary ruling procedure both before national courts and before the Court of Justice. The second chapter briefly analyses a selection of four of the most important pieces of case law which the Court of Justice has dealt with within the bounds of preliminary ruling procedure. The case law involved is Van Gend en Loos, Costa v. E.N.E.L., Casis de Dijon and Francovich. The third chapter considers jurisdiction...
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Procedure on European Order for Payment - parallels and differences in comparison with European, Czech and German law
Ranič, Radim ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This rigorous thesis deals with the European order for payment in terms of parallels and differences with the European, Czech and German law. On the basis of predefined criteria the work compares the European o rder for payment with the Czech payment order and the German payment order, while the relationship with other European International Private Law institutes has not escaped our attention. Due to the longer effectiveness of the European order for payment regulation we were able in this work to evaluate experience with its application and the case law. A number of identical features of payment orders have been identified in the work, such as their speed of the procedure, optionality, issue without the hearing of the opposing party and their cancellation after objections against them. Differences have also been identified, mainly in the scope of application, different use in cross-border cases, different demand on the scope of evidence in the proposal for issue, the structure of the procedure as one or a two step and different time limits for filing of objections.
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Conflict of Laws in the European Union Law concerning Obligations
Spozdilová, Karolina ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Kučera, Zdeněk (referee)
The aim of this thesis is to analyze the proper law under the Rome I Regulation and the Rome II Regulation and find out the differences and similarities between them. The thesis is composed of introduction, four parts and conclusion. The part One describes general and theoretical topics of European Private International Law (EPIL) - explains the notion and methods of regulation of Private International Law, notion, meaning, and sources of law and principles of application of EPIL. The part Two is concerned with the history of creation, structure, and scope of the Rome I and Rome II Regulations. Parts Three and Four represent the core of this thesis. The part Three analyzes the proper law of contract under the Rome I Regulation and non- contractual obligations under the Rome II Regulation. It focuses on ascertaining of the applicable law for obligations, on limits of the proper law and other related questions. Part Four summarizes all knowledge. It illustrates the results of comparison of the Rome I and Rome II Regulations.
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A Criterion of Habitual Residence in Private International Law
Pfeiffer, Magdalena ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
This dissertation deals with one of the most significant concepts of contemporary private international law - the concept of habitual residence. The concept of habitual residence was introduced into the field of private international law within the context of the unification work of the Hague Conference of Private International Law in the interest of finding a compromise between the traditional connecting factors of domicile, dominant in the sphere of common law, and nationality, that is historically closely bound to continental legal systems. Thanks to the long and systematic unification work of the Hague Conference of Private International Law, the connecting factor of habitual residence has gained a permanent indisputable position in private international law. The concept of habitual residence has also forcefully made its way through into the rapidly developing sphere of European private international law. The European Union has followed in the footsteps of the Hague Conference of Private International Law: habitual residence is today the central, most frequently adopted connecting factor in the unified conflict-of-laws rules, that determine the applicable law, as well as in the rules that determine the jurisdiction of the forum. Building on the recent intense development in this field of...
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European international law - selected issues
Ondrušová, Miroslava ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
1 ABSTRACT European international law - selected issues The subject of this thesis is an analysis of a new procedural measure of European law - European order for payment (hereinafter as "EOP") and exploration of its application in practice from the perspective of the Czech plaintiff and Czech court. I have chosen this topic because of my own experience concerning cross-border debt recovery through the EOP. In this context, I decided to find out how this legal measure works in practice with regard to its purpose of providing a simplified, accelerated and cost effective procedure for the recovery of uncontested pecuniary civil and commercial claims in cross-border cases. In the final part of the thesis, I made the conclusion that the Council Regulation 1896/2006 of 12 December 2006, in creating a European order for payment procedure, (hereinafter as "REOP") meets its objectives and its implementation is a valuable asset to the creditors against non paying debtors. The thesis is divided into 3 parts. The first part is as an introduction to European private international law containing five chapters. The first and second chapters explain the concepts of private international law and European private international law. The third chapter deals with their mutual relationship. The fourth chapter describes the...
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Future of the European Private International Law
Johnová, Gabriela ; Trávníčková, Zuzana (advisor) ; Grmelová, Nicole (referee)
The European international private law has undergone a dynamic development during the last twenty years. It can be assumed that this development will continue con-sidering the increasing need for dealing with the legal relations involving a cross-border element, which arise thanks to the exercise of the freedom of movement of goods, capital, services, and people in the frame of the European Union. The experts in international private law discuss the directions of its future development. Should it continue the same or similar direction as until now, i.e. the unification of individual in-struments and conclusion of international agreements (limited with the EU competen-ces), or should it take the direction of a comprehensive codification of the European conflict of laws? The last considered direction is the adoption of a comprehensive common code on private law, i.e. a code of the private substantive law rules. Neverthe-less, this possibility deals with the diversity of the law cultures and the law orders among the EU member states.
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