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Applicability of the United Nations Convention on Contracts for the International Sale of Goods focusing on licence agreements and software
Rýdl, Jiří ; Bříza, Petr (advisor) ; Pauknerová, Monika (referee)
Applicability of the United Nations Convention on Contracts for the International Sale of Goods focusing on licence agreements and software Abstract The first three chapters deal with the requirements of applicability of the United Nations Convention on Contracts for the International Sale of Goods ("Vienna Convention"). The general aim is to describe the requirements, to identify the interpretative problems associated with this area and to critically evaluate the different doctrinal and case-law approaches to these problems. The individual chapters deal successively with the positive definition of the scope of the Vienna Convention, the negative definition of its scope, and finally with the possibilities for the contracting parties to influence the application of the Vienna Convention. In particular, attention is paid in this part to the definition of the terms that are central to the assessment of applicability of the Vienna Convention yet are not defined by the Vienna Convention itself. These are primarily the concepts of goods and contracts of sale contained in Article 1 of the Vienna Convention or the concepts of the substantial part of the materials necessary for production, and the preponderant part of the obligations, which are used in Article 3 of the Vienna Convention. Closer attention is also...
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Legal protection of the ozone layer
Žujová, Magdaléna ; Humlíčková, Petra (advisor) ; Snopková, Tereza (referee)
107 Summary The Ozone layer of the Earth located in the stratosphere in an altitude of 20 to 50 kilometres is the important part of the gases surrounding the planet Earth. Its purpose is to absorb UV radiation that otherwise very negatively affects life on the Earth. During the twentieth century, this ability was weakened by the emission of substances proven much later to be very dangerous in this way. Until 1987, by various chemical reactions, in particular of chlorine atoms, the ozone hole has been formed over the South Pole of the Earth, not fully healed yet. In 1985, risk to human life led using the precautionary principle to the adoption of the Vienna Convention and subsequently of its implementing protocol including specific obligations especially the control measures of the production and consumption of ozone depleting substances and of the trade with them in 1987. The protocol was later modified by amendments and adjustments. This diploma thesis describes these acts with respect to their evolution and actual state of knowledge. At European level, it shows the evolution of the European environmental law in focus on the protection of the ozone layer and on the process of incorporation of international instruments in this area of environmental law. It describes these European acts and compares the...
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International sales contract
Petráček, Vladimír ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
The purpose of my thesis is to analyse the scope of application of the UN Convention on Contracts for the International Sale of Goods ("CISG"). The reason for my research is the wide use of the CISG in international trade. Therefore, it is necessary to know exactly when the CISG is applicable. The thesis is composed of four chapters, each of them dealing with a different aspect of international sales contracts. Chapter One is introductory and defines the basic concept of regular and international sales contract in Czech law and legal literature, taking into account the upcoming recodification of the Czech Civil Code. Chapter Two examines the basic approaches of legal regulation in private international law. After a brief theoretical introduction, special attention is paid to various Czech and international legal instruments governing contracts for the international sale of goods. In Chapter Three, I explore the basic requirements for application of the CISG. Using scholarly literature as well as case law, I characterise the concepts of sales contract, goods, place of business, contracting states and party autonomy. Consideration is also given to the material scope of application of the CISG. The existence of controversial issues related to this question is shown on the topic of interest for any sum...
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Passing of Risk in International Sale Contract under CISG
Dimitrov, Pavel ; Pauknerová, Monika (referee)
PŘECHOD NEBEZPEČÍ DLE ÚMLUVY OSN O SMLOUVÁCH O MEZINÁRODNÍ KOUPI ZBOŽÍ 5 Abstract This thesis is focused on passing of risk of accidental loss and destruction of goods during international sale. The main objective is to fulfil the hypothesis concerning the the regulation of passing of risk in two main sources of its regulation, the Incoterms clauses and the UN Convention on the International Sale of Goods, so called the Vienna Convention, and their mutual relationship in the regulation of this institute. Thesis also contains an analysis of the term danger and its various types. The second part is focused on the revision of Incoterms 2020, comparison of the passing of risk under Incoterms and the Vienna Convention, their similarities and differences and the possibility of their interaction.
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Legal protection of the ozone layer
Žujová, Magdaléna ; Humlíčková, Petra (advisor) ; Snopková, Tereza (referee)
107 Summary The Ozone layer of the Earth located in the stratosphere in an altitude of 20 to 50 kilometres is the important part of the gases surrounding the planet Earth. Its purpose is to absorb UV radiation that otherwise very negatively affects life on the Earth. During the twentieth century, this ability was weakened by the emission of substances proven much later to be very dangerous in this way. Until 1987, by various chemical reactions, in particular of chlorine atoms, the ozone hole has been formed over the South Pole of the Earth, not fully healed yet. In 1985, risk to human life led using the precautionary principle to the adoption of the Vienna Convention and subsequently of its implementing protocol including specific obligations especially the control measures of the production and consumption of ozone depleting substances and of the trade with them in 1987. The protocol was later modified by amendments and adjustments. This diploma thesis describes these acts with respect to their evolution and actual state of knowledge. At European level, it shows the evolution of the European environmental law in focus on the protection of the ozone layer and on the process of incorporation of international instruments in this area of environmental law. It describes these European acts and compares the...
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International sales contract
Petráček, Vladimír ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
The purpose of my thesis is to analyse the scope of application of the UN Convention on Contracts for the International Sale of Goods ("CISG"). The reason for my research is the wide use of the CISG in international trade. Therefore, it is necessary to know exactly when the CISG is applicable. The thesis is composed of four chapters, each of them dealing with a different aspect of international sales contracts. Chapter One is introductory and defines the basic concept of regular and international sales contract in Czech law and legal literature, taking into account the upcoming recodification of the Czech Civil Code. Chapter Two examines the basic approaches of legal regulation in private international law. After a brief theoretical introduction, special attention is paid to various Czech and international legal instruments governing contracts for the international sale of goods. In Chapter Three, I explore the basic requirements for application of the CISG. Using scholarly literature as well as case law, I characterise the concepts of sales contract, goods, place of business, contracting states and party autonomy. Consideration is also given to the material scope of application of the CISG. The existence of controversial issues related to this question is shown on the topic of interest for any sum...
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The Conclusion of a Contract under the United Nations Convention on Contracts for the International Sale of Goods in Comparison with Czech National Legislation
Krčálová, Kristýna ; Boháček, Martin (advisor) ; Levý, Jan (referee)
This Master's thesis focuses on the United Nations Convention on Contracts for the International Sale of Goods (CISG), better known as the Vienna Convention. The main purpose of this thesis is to evaluate conditions for application of this international treaty and to assess the contracting process under the CISG including the similarities and differences with the Czech national legislation. Finally, it seeks an answer to the question, which of these rules (international or national) are more advantageous for a Czech contractual party with respect to concluding a contract. The thesis is divided into five parts. The first one represents an introduction to the CISG, its origin and the Czech Republic's attitude to it. The second part identifies the conditions for application of the CISG and therefore defines a subject and an object of an international contract of sale under the CISG. Both third and fourth parts gradually introduce two phases of the contracting process (offer and acceptance) including the relevant case-law. The last chapter strives to complete the contracting process with an analysis of the exact moment, when a contract is concluded, as well as with an analysis of a potential battle of the forms and its impact on a contract conclusion.
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Postup zajišťování hlavních závazků ČR‚ plynoucích z Vídeňské úmluvy a Montrealského protokolu
TECHEM, Praha
Studie je podkladem pro rozhodování MŽP o zabezpečení dosud neplněných závazků, které ČR vyplývají z Vídeňské smlouvy a Montrealského protokolu. Jedná se zejména o vytvoření podmínek pro bezpečný sběr, regeneraci a recyklaci regulovaných látek a sběr výrobků tyto regulované látky obsahujících, regeneraci a recyklaci regulovaných látek pro zajištění ekonomického dožití stávajících zařízení, která regulované látky používají jako pracovní média, zajištění ekologicky vhodného zneškodňování již nepotřebných regulovaných látek. Ve studii jsou uvedeny varianty řešení.
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