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Choice of applicable law in private international law
Raška, Michael ; Pfeiffer, Magdalena (advisor) ; Brodec, Jan (referee)
Résumé The aim of the diploma thesis called Choice of applicable law in private international law is to provide a comprehensive analysis of the given area, justify the need and benefits of choice of law in situations involving private international law and to suggest possibilities for future development. The first section is dedicated to conflict-of-law rules, their construction, characterization and function. Choice of law is also analyzed from the perspective of the connecting factor. The following part focuses on the history of choice of law in private international law from the initial reflections in the Middle Ages to the rapid development in the second half of the 20th century. In the third chapter, choice of law is described in general terms, including an analysis of individual types of choice of law and analysis of renvoi. In the following sections, choice of applicable law in major legal situations involving private international law is explored. Firstly, contractual obligations are discussed, the main focus being the Regulation (EC) No 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I). Secondly, non-contractual obligations are analyzed mainly in terms of the Regulation (EC) No 864/2007 of the European Parliament and of the Council on...
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Autonomous will in conflict of laws in international private law
Kolářová, Eliška ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
Autonomous will in conflict of laws in international private law Abstrakt This thesis deals with the traditional private law principle of autonomy of will in conflict of laws in private international law. Its expression is the choice of the applicable law, which is one of the connecting factors. This institute has been known since the Middle Ages, but due to the legislative activity of the European Union, it has recently appeared in areas where it has not previously been. The choice of the applicable law allows participants to choose the law that best suits their needs. The objectives of this work are to map the development of the choice of law and the reasons which led to it. Another objective is to explore the various existing restrictions on the choice of law and to consider their necessity. In the first half of my work I deal with the principle of autonomy of will and the choice of the applicable law in general. I examine both the history of this institute and its advantages, as well as its possible division and limitations. I also mention the debate on the necessity of the presence of an international element in the legal relationship. In the second half of the thesis I examine the concrete form of choice of applicable law in both contractual and non-contractual obligations, inheritance and family law....
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Choice of applicable law in private international law
Raška, Michael ; Pfeiffer, Magdalena (advisor) ; Brodec, Jan (referee)
Résumé The aim of the diploma thesis called Choice of applicable law in private international law is to provide a comprehensive analysis of the given area, justify the need and benefits of choice of law in situations involving private international law and to suggest possibilities for future development. The first section is dedicated to conflict-of-law rules, their construction, characterization and function. Choice of law is also analyzed from the perspective of the connecting factor. The following part focuses on the history of choice of law in private international law from the initial reflections in the Middle Ages to the rapid development in the second half of the 20th century. In the third chapter, choice of law is described in general terms, including an analysis of individual types of choice of law and analysis of renvoi. In the following sections, choice of applicable law in major legal situations involving private international law is explored. Firstly, contractual obligations are discussed, the main focus being the Regulation (EC) No 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I). Secondly, non-contractual obligations are analyzed mainly in terms of the Regulation (EC) No 864/2007 of the European Parliament and of the Council on...
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