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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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Non-contractual obligations in private international law
Holubová, Kateřina ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Non-Contractual Obligations in Private International Law This thesis deals with non-contractual obligations in private international law. The most important law in this area is the Rome II Regulation on the law applicable to non-contractual obligations that applies since 11 January 2009. The Regulation creates a common regime of conflict of law rules for most civil and commercial non-contractual obligations. The general rule is the law of the place of injury (lex loci damni). The rule is subject to two exceptions, the common habitual residence exception and a general escape clause based on the closer connection principle. Special rules are laid down for some non-contractual obligations, such as product liability, unfair competition and acts restricting free competition, environmental damages, infringement of intellectual property rights, unjust enrichment, negotiorum gestio and culpa in contrahendo. However, in most cases, the parties may agree on the law applicable to the non- contractual obligations between them. Post-tort agreements may be made between all parties whereas pre-tort agreements are allowed only where all the parties are pursuing commercial activity. Where the Rome II Regulation does not apply the courts will look to the relevant national legislation, which is the Private...
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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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Non-contractual obligations in private international law
Holubová, Kateřina ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Non-Contractual Obligations in Private International Law This thesis deals with non-contractual obligations in private international law. The most important law in this area is the Rome II Regulation on the law applicable to non-contractual obligations that applies since 11 January 2009. The Regulation creates a common regime of conflict of law rules for most civil and commercial non-contractual obligations. The general rule is the law of the place of injury (lex loci damni). The rule is subject to two exceptions, the common habitual residence exception and a general escape clause based on the closer connection principle. Special rules are laid down for some non-contractual obligations, such as product liability, unfair competition and acts restricting free competition, environmental damages, infringement of intellectual property rights, unjust enrichment, negotiorum gestio and culpa in contrahendo. However, in most cases, the parties may agree on the law applicable to the non- contractual obligations between them. Post-tort agreements may be made between all parties whereas pre-tort agreements are allowed only where all the parties are pursuing commercial activity. Where the Rome II Regulation does not apply the courts will look to the relevant national legislation, which is the Private...
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