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Foreign Business Activities of Company
Doležel, Vladimír ; Polednik, Franciszek (referee) ; Koleňák, Jiří (advisor)
This Master’s thesis has been elaborated on the basis of a real issue, which a company, which decided to procure it’s full time presence in the Austria’s market, is facing. The analysis of the present state, which proved the rationality of the decision, is followed by a theoretical fundament of this thesis, that lays the foundations of the specific proposal leading to reach the aim given by the company. The theoretical part of the thesis deals with the core of the international trade and its brief history. The thesis is further focused on the areas of the international trade important for solving the given issue. The main areas are as follows: international trade legal regime, law of international trade, risks in the international trade, ways of penetration into a foreign market. Based on the knowledge attained in the theoretical part of this thesis, while applying them, I have come to the conclusion, that it would be best for the company to establish a branch office in the Austria. The conclusion is followed by a factual proposal of progress supplemented by a calculation of costs of establishing the branch office and calculation of operating costs for the first year. I am also proposing a strategy for legal relationships being concluded by a branch office and marketing strategy for the first year.
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Trusts in private international law
Kočí, David ; Pfeiffer, Magdalena (referee)
114 TRUSTS IN PRIVATE INTERNATIONAL LAW ABSTRACT This thesis aims to expound and analyse the trust legislation in the context of International Private Law as well as to describe its key features in Czech Private Law for particular purposes. The first chapter summarizes the development of trust and description of its historical forms. The second chapter is dedicated to the thorough description of Czech substantive law on trusts governed by the Civil Code and the legislation contained in Act on the Public Registers of Legal and Natural Persons and on the Register of Trusts and Act on the Register of Beneficial Owners. Slight deficiencies have been encountered in national legislation, for instance, the incompatibility of Act on the Register of Beneficial Owners, Act governing private international law, and Act on the Public Registers of Legal and Natural Persons and on the Register of Trusts when it comes to foreign trusts or the unsatisfactory regulation of the administration of trusts by legal persons. The third chapter, devoted to the Private International Law, not only interprets the statutory provisions contained in the Act on Private International Law but also analyses the European Private International Law and the Hague Convention on the Law Applicable to Trusts and on their Recognition from 1985. In...
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Applicable law in international investment arbitration
Honzová, Nikola ; Pauknerová, Monika (referee)
Author: Nikola Honzová Title of thesis: Applicable law in international investment arbitration This thesis aims to map the issues of applicable law in international investment arbitration from three perspectives: procedural law, substantive law and the possible application of european law. The thesis is divided into seven chapters. The first part, together with the second part, deals with the general theoretical background of international investment arbitration, with an emphasis on their nature and specificities. The third chapter aims to analyse international investment law and relevant sources of international investment law. The fourth chapter then deals with the applicable law from a procedural perspective, taking into account delocalization theory and seat theory. The fifth chapter maps the environment of applicable substantive law to investment disputes from two perspectives, namely whether or not a choice of law has been made. The sixth chapter maps whether european law is applicable in the international investment arbitrations given the special nature of the European Union. Finally, chapter seven reflects and summarises findings and, on the basis of these findings, the author of the thesis formulates her views on the issue.
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Rules of conflict of laws applicable to contractual obligations in the USA
Němečková, Pavla ; Bříza, Petr (advisor) ; Zavadilová, Marta (referee)
Conflict of laws in contracts in the USA Abstract This thesis is focused on Conflict of Laws in the area of contractual relationship in the United States of America. Selected issues are being compared with law of the European Union. The First Chapter elaborates on the specific issues in Conflict of Laws, which are typical for the USA. These are mainly caused by the fact that within the USA, two separate legal systems operate on different levels - state and federal law. These specific issues also include the so- called idea of law-market or forum-shopping. Then I briefly summarize the history of American Conflict of Laws and describe the approaches that bear importance for the development of Conflict of Laws. The Second Chapter is focused on party autonomy in choice of law, its permissibility and limitations. Having used recent case law, I outline the approach to autonomous choice of law in certain types of contracts. The end of Chapter Two is about autonomous choice of law under the Uniform Commercial Code, which harmonizes the area of commercial law and which has been accepted in all American states. The Third Chapter deals with the absence of choice of law and finding the applicable law. I described the most widely used method under the Second Restatement, then the method under First Restatement and also...
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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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Trusts in private international law
Kočí, David ; Zavadilová, Marta (advisor) ; Pauknerová, Monika (referee)
114 TRUSTS IN PRIVATE INTERNATIONAL LAW ABSTRACT This thesis aims to expound and analyse the trust legislation in the context of International Private Law as well as to describe its key features in Czech Private Law for particular purposes. The first chapter summarizes the development of trust and description of its historical forms. The second chapter is dedicated to the thorough description of Czech substantive law on trusts governed by the Civil Code and the legislation contained in Act on the Public Registers of Legal and Natural Persons and on the Register of Trusts and Act on the Register of Beneficial Owners. Slight deficiencies have been encountered in national legislation, for instance, the incompatibility of Act on the Register of Beneficial Owners, Act governing private international law, and Act on the Public Registers of Legal and Natural Persons and on the Register of Trusts when it comes to foreign trusts or the unsatisfactory regulation of the administration of trusts by legal persons. The third chapter, devoted to the Private International Law, not only interprets the statutory provisions contained in the Act on Private International Law but also analyses the European Private International Law and the Hague Convention on the Law Applicable to Trusts and on their Recognition from 1985. In...
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Mediation with an International Element
Vanišová, Veronika ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The purpose of this thesis is to present the main features of mediation with cross-border element, especially the most important aspects of relevant regulation in light of EU Mediation Directive 2008/52/EC ("Directive") and No. 202/2012 Coll. Act on Mediation and Change of Some Laws ("Mediation Act"). The thesis is composed of four chapters. The first chapter's purpose is to define the main principle of mediation and its position within ADR system. The second chapter deals with principal questions of the relation between mediation and international private law. The third chapter discusses cardinal aspects of mediation according Directive, its reflection within national regulation, i.e. within Mediation Act and subsequent comparison with regulation of selected member states. For the purpose of the comparison mentioned above, I use quotations from corresponding laws of particular member states in English translation. The fourth chapter deals with the position and role of mediation within the area of international dispute resolution as well as a look at newly adopted ICC Mediation Rules.
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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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Arbitration
Čeladník, Filip ; Winterová, Alena (advisor) ; Růžička, Květoslav (referee) ; Poláček, Bohumil (referee)
1 The purpose of this thesis is to discuss the main aspects of the Czech legal regulation of the arbitration proceeding under the view of the particular Western European national and international legal orders. By doing so, the author strives for critical review of the arbitration proceeding as per the Czech legal order under the worldwide perspectives and with the prism of modern Western European and world legal theory of the arbitration proceeding. The intention of such research is to determine if the contemporary Czech legal regulation of the arbitration proceeding is in conformity with the modern theory and practice of the arbitration proceeding. This thesis also aims to answer a question whether the Czech courts shall have the right to review the application of law by the arbitrators. The author is seeking to answer this question by comparing the the Czech, or rather Continental system of law with the law of England and Wales.
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Legal aspects of the securing of obligations in international trade
Mišoň, Petr ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Legal aspects of the securing of obligations in international trade The securing of obligations in the international trade is recently, possibly more than ever before, very topical issue, and the reason is quite clear - there is a strong need to secure international contractual obligations by effective and reliable securing instruments because of the economic and debt crises which started in 2008 and has been still a very actual problem. This thesis focuses on legal relations arising from the securing of contractual obligations in the international trade. The goal of the thesis is to describe legal aspects of securing obligations considering the determination of an applicable law, under which the securing is governed. Because of the author's long- term working bank experience, the final part of the text deals with a securing by a bank guarantee. In the first part of the thesis there are described legal relations in which an international element appears, and there are also described a purpose, function, categorization and different types of securing instruments respective of the international trade. The second part of the thesis deals with the problem how to determine which law is the applicable one for securing of obligations in the international trade. There are described legal aspects of...
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