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Governing law in the absence of choice in contractual relations in the Czech Republic and in the United States (private international law in a comparative perspective)
Chvosta, Ondřej ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
Governing Law in the Absence of Choice in Contractual Relations in the Czech Republic and in the United States (Private international law in a comparative perspective) English Summary: The subject of the thesis is the main differences in Private International Law (or Conflict of Laws in the Unites States) in the area of contractual relations in the absence of a choice of law. The introduction explains the methodology of the work, as it does not strive to provide an exhaustive list of contract types - since this would be ill-advised considering the differences in Czech and American contract law - but rather provide the reader with a general characterization of the different approaches to the subject matter. The introduction also explains the legal certainty principle (typical for Civil Law countries) and the principle of equity (typical for Common Law countries), and describes how the consideration of these will enhance the reader's understanding of the thesis' topics. The first chapter is concerned with the relevant sources of law in the Czech Republic and in the United States. The most important legislation applicable in the Czech Republic is the Czech Private International Law Act, the Rome Convention and the Rome I Regulation. In relation to US law, the text discusses some of the most important clauses...
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Governing law in the absence of choice in contractual relations in the Czech Republic and in the United States (private international law in a comparative perspective)
Chvosta, Ondřej ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
Governing Law in the Absence of Choice in Contractual Relations in the Czech Republic and in the United States (Private international law in a comparative perspective) English Summary: The subject of the thesis is the main differences in Private International Law (or Conflict of Laws in the Unites States) in the area of contractual relations in the absence of a choice of law. The introduction explains the methodology of the work, as it does not strive to provide an exhaustive list of contract types - since this would be ill-advised considering the differences in Czech and American contract law - but rather provide the reader with a general characterization of the different approaches to the subject matter. The introduction also explains the legal certainty principle (typical for Civil Law countries) and the principle of equity (typical for Common Law countries), and describes how the consideration of these will enhance the reader's understanding of the thesis' topics. The first chapter is concerned with the relevant sources of law in the Czech Republic and in the United States. The most important legislation applicable in the Czech Republic is the Czech Private International Law Act, the Rome Convention and the Rome I Regulation. In relation to US law, the text discusses some of the most important clauses...
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The Determination of Governing Law in the Absence of Choice in Selected Obligations in the Czech Republic and in the United States
Chvosta, Ondřej ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
rigorózní práce v anglickém jazyce: This thesis compares the determination of governing law in selected obligations in the Czech Republic and in the United States. This comparison is made against the background of two principles: legal certainty (typical for the Czech Republic) and Equity (typical for the United States). Chapter one discusses the different approaches to private international law in the two countries, and discusses the relationship between Equity and Legal Certainty. Chapter one also discusses the applicable sources of law. Chapter two compares the different approaches to choice of law in contractual obligations. The choice-of-law rules of relevant Czech and European statutes are analyzed in detail. Furthermore, the American approaches to choice of law are introduced and examined, namely: the First Restatement approach, Currie's Interest Analysis, the Second Restatement approach, the Better Law Approach, and the Significant Contacts Approach. Chapter three is analogical to chapter two, but it focuses on non-contractual obligations (Torts). The focus of this chapter is EU Regulation Rome II and the particularities of the First and Second Restatements and Currie's Interest Analysis when applied to torts. The conclusion summarizes the author's main ideas and opinions.
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