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Obligations involving an international element with a focus on consumer contracts
Zubík, Ondřej ; Bříza, Petr (advisor) ; Pauknerová, Monika (referee)
Obligations involving an international element Abstract This thesis deals with a narrow section of contractual obligations involving an international element, namely consumer contracts, which are characterized mainly by the parties to the contract (consumer and entrepreneur). Consumer protection also intervenes in private international law, with the Rome I regulation and Brussels I bis regulations being the main legal norms for consumer protection. In this work, I am mainly based on these regulations and also on the case law of the Court of Justice of the European Union, which bindingly interprets the provisions resulting from these regulations. This work answers questions: (i) Which contracts are covered by the protection provided for in Article 6 of the Rome I regulation and the section 4 of the Brussels I bis regulation and how does this protection manifest itself? (ii) How is the situation resolved in case of a change of a domicile or an unknown domicile of the consumer after the conclusion of the contract and (iii) what criteria are decisive when assessing the targeting activity of the entrepreneur on the Member State in which the consumer has habitual residence or domicile? The work is divided into six chapters. In the first chapter, I define basic terms: the obligation, the international element and...
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The law governing obligations with an international element
Anděl, David ; Pfeiffer, Magdalena (advisor) ; Zavadilová, Marta (referee)
The law governing obligations with an international element This master thesis deals with the legal regulation of the law applicable to obligations with an international element. It focuses in particular on the Rome I Regulation as the dominant law regulation for the regulation of the law applicable to contractual obligations with an international element. The thesis is divided into 4 chapters. The first chapter deals with the various sources of law governing the issue. The Rome I Regulation is highlighted and its historical development is briefly described. In particular, the transition from the Rome Convention, an international source of law, to the Rome I Regulation, a piece of secondary European law, is presented. Afterwards the Rome I Regulation is compared with other competing legislation and it is explained how they relate to each other. At the national level, ZMPS and its relationship with other relevant legislation is mentioned. As the ZMPS is a residual norm in the field of contractual obligations with an international element, it is not discussed in detail. The second chapter focuses on the scope of the Rome I Regulation. The concept of a contractual obligation and its autonomous interpretation are explained. It is shown in which cases the Rome I Regulation will apply. The third chapter...
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International contract of sale
Matějka, Tomáš ; Pauknerová, Monika (advisor) ; Bříza, Petr (referee)
International Contract of Sale Abstract The international contract of sale is the basic instrument through which international trade takes place. However, due to its international nature, there is a lot of uncertainty associated with concluding and fulfilling obligations under an international contract of sale. This uncertainty may arise particularly from the fact that the parties to an international contract of sale do not know which law is to govern the agreement and which law will therefore be applicable to it. This thesis deals with the issues of the applicable law of the international contract of sale. Firstly, attention is paid to the general methods according to which the applicable law for the international contract of sale is determined. These are the collision method and the direct method. Subsequently, the sources of law that are important in terms of these methods in the environment of the Czech Republic are analyzed. The main part of the thesis is devoted to the collision legislation contained in the Rome I Regulation, which is the most important source of law that regulates this issue within the European Union. Relevant international conventions concluded between the Czech Republic and some third countries as well as the Private International Law Act are also analyzed. From the sources of law,...
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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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Contractual and Non-contractual Obligations in International Private Law
Lesňáková, Katarína ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
In this paper we examine contractual and non-contractual obligations in situations involving a conflict of law. The special emphasis is given to overriding mandatory rules, the importance and impacts of these rules of law on civil and commercial relations with international element. This thesis is composed of four parts and each of them is subdivided into further sections and paragraphs. In the first part, we introduce the general theory as theoretical base of the subject and we define the key terms. The question concerning the role of Czech courts in the application of foreign law is also mentioned. Subsequently, we analyze national Czech legislation and we focus on the relevant provisions contained in the draft of new Private International Law Act. By becoming Member State of the European Union in 2004, Czech Republic undertook to accede to the 1980 Rome Convention on the law applicable to contractual obligations. Second chapter is dedicated to this international treaty which has clarified the concept of "mandatory rules" but has also given rise to some qualification problems. We discuss the relationship between overriding mandatory rules and protective mandatory rules (particularly rules of consumer and labour law) and present the main approaches to this problem. Rome I and Rome II regulations...
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The Rome Convention and Rome I Regulation on the law applicable to contractual obligations
Šarochová, Lucie ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Rome Convention and Rome I Regulation on the law applicable to contractual obligations From 17 December 2009 the courts of all EU Member States other than Denmark are obliged to determine the applicable law for contracts with an international element entered into on or after this date on the basis of a Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (the Regulation). The Regulation applies to most commercial and civil law contracts. These rules are not a radical departure from the rules previously applicable in the Czech Republic, i.e. the Rome Convention on the law applicable to contractual obligations from 1980 (the Convention). The Convention was published in the Collection of the International Treaties as notification No 64/2006 Coll. and it applies to contracts concluded after 1 July 2006. Where neither the Convention nor the Regulation applies, the Czech courts will generally look to the relevant national law, Act No 97/1963 Coll. on Private International and Procedural Law as amended. The purpose of this thesis was to provide an overview of some of the most important provisions of the Regulation in comparison to the Convention, to highlight the areas of change in this new instrument. The first part of the...
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The Rome Convention and Rome I Regulation on the Law Applicable to Contractual Obligations
Aubrechtová, Karolina ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Rome Convention and Rome I Regulation on the law applicable to contractual obligations The purpose of my thesis is to analyse some main aspects of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (the Regulation) especially with regard to the Rome Convention on the law applicable to contractual obligations from 1980 (the Convention) and to provide an overview of changes compared to the Convention. The Convention was published in the Collection of the International Treaties as notification No 64/2006 Sb. m. s. and it applies to contracts concluded after 1 July 2006. The Regulation oblige the courts of all EU Member States except Denmark to determine the applicable law for contracts with an international element entered into on or after 17 December 2009 according to the Regulation's provisions. Where neither the Convention nor the Regulation applies, the Czech courts will generally look to the relevant national law, Act No 97/1963 Sb. on Private International and Procedural Law as amended. From 1 January 2014 would be applied its superseder Act No 91/2012 Sb. on Private International Law. The thesis is composed of ten chapters, each of them dealing with different aspects of choice of law rules applicable to contractual...
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Protection of a Weaker Contract Party and Private International Law
Skalská, Helena ; Dolanská Bányaiová, Lucie (referee)
Protection of a Weaker Contract Party and Private International Law The topic of this dissertation thesis is the protection of weaker parties in the context of determination and application of the applicable law. The dissertation seeks anchor and concept of protection of weaker parties in the Rome I Regulation. The thesis is divided into three main parts. The first part deals with the basis for protection of weaker parties, linking the theoretical and value foundations on which the protection stands with practical implications that ignorance of significantly unequal position might have. For a comprehensive understanding, it is necessary to look at the background of individual legal rules. However, dealing with these issues cannot be viewed solely in the context of private international law. Certain legal institutions of private international law may not be designated solely for the protection of certain categories of weaker parties but may be used to protect a weaker party with regard to the concept of a weaker party and the importance of its protection in substantive law (especially civil law). The second part, which is the focal point of this thesis, consists in the analysis of ways of protecting the weaker parties, both at a more general methodological level and in the form of a more detailed...
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Protection of a Weaker Contract Party and Private International Law
Skalská, Helena ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Brodec, Jan (referee)
Protection of a Weaker Contract Party and Private International Law The topic of this dissertation thesis is the protection of weaker parties in the context of determination and application of the applicable law. The dissertation seeks anchor and concept of protection of weaker parties in the Rome I Regulation. The thesis is divided into three main parts. The first part deals with the basis for protection of weaker parties, linking the theoretical and value foundations on which the protection stands with practical implications that ignorance of significantly unequal position might have. For a comprehensive understanding, it is necessary to look at the background of individual legal rules. However, dealing with these issues cannot be viewed solely in the context of private international law. Certain legal institutions of private international law may not be designated solely for the protection of certain categories of weaker parties but may be used to protect a weaker party with regard to the concept of a weaker party and the importance of its protection in substantive law (especially civil law). The second part, which is the focal point of this thesis, consists in the analysis of ways of protecting the weaker parties, both at a more general methodological level and in the form of a more detailed...
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The Limits of the Applicable Law of Obligations
Šidla, Pavel ; Růžička, Květoslav (advisor) ; Ondřej, Jan (referee) ; Kunz, Oto (referee)
This thesis discusses the limits of statute of contractual obligations solely from the perspective of conflict of law rules. It is based primarily on the analysis of national conflict of law rules contained in Act No. 91/2012 Coll., On Private International Law. There are also analyzed relevant standards of the European Parliament and Council Regulation (EC) No. 593/2008 on the law applicable to contractual obligations (Rome I) and conflict of law rules in the German Initial Act to the Civil Code, as well as in the Swiss Act on Private International Law. The primary hypothesis of this work is the concept of a single contractual statute, which governes contractual relationship since the early beginning to the end. The secondary hypothesis follows the departure of German international private law from the principle of seat for the principle of incorporation. Another hypothesis explores the safeguarding of property rights once acquired, if the substantive legal facts are in the mode of the original substantive statute closed that no means no and yes means yes, but ... This work also examines the question of whether the European legislator through the unification of rules of conflict of law removed the deficiencies that resulted from the application of autonomous national conflict of law rules or...
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