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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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Substantive law applicable to arbitration clause and other rights in international commercial arbitration
Liška, Dominik ; Bříza, Petr (advisor) ; Růžička, Květoslav (referee)
Law Governing the Arbitration Agreement and Other Laws in International Commercial Arbitration Abstract The thesis aspires to create a structured overview of the four legal systems that are applicable in the international commercial arbitration. Namely (i) the substantive law of the contract - lex contractus; (ii) the "procedural" law of the arbitration agreement - lex arbitri; (iii) procedural rules agreed between the parties either ad hoc or by reference to institutional arbitration rules; and (iv) the substantive law of the arbitration agreement also called the law governing the arbitration agreement. In pursuing its aims, the thesis focuses on interaction between each of these legal systems as well as on the questions, that has not yet been settled. Each chapter further analyses different approaches to determine applicable law in the absence of a choice made by the parties. Such an analysis is important to properly understand the methods used in determining the law governing the arbitration agreement, because they are interconnected. On the basis of the overview presented in first chapters, the thesis focuses on detailed inquiry of the law governing the arbitration agreement, whose scope and applicable choice of law is still a matter of discussion. Therefore, the fifth chapter plays a central role in...
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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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The Development and Application of International Private Law Rules in Electronic Relations
Machová, Daniela ; Pauknerová, Monika (advisor) ; Ondřej, Jan (referee) ; Feigerlová, Monika (referee)
The dissertation deals with the application of legal rules, especially the rules of private and procedural international law, in the Internet environment. The core of the dissertation is divided into six main chapters. The first concerning the Internet world and its main terms and the general terms of conflict of laws. It is followed by the examination of the main legal sources of the international private law and by the chapter about main aspects of e-business. The two chapters that are the most essential to this work are e-contracts and the application of the international private law rules to electronic relationships. The dissertation is concluded with a segment devoted to development of e-government which is also an important part of e-business in general. The dissertation aims to provide comprehensive insight into the development and the future of the legal regulation of electronic legal relations and other important elements of e- business.
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Personal status of legal entities in private international law
Doula, Sufjan ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
In today's world, where globalisation and internationalization becomes part of our daily life, international entrepreneurship turns into a more actual and important issue. The role of law in this system is to set borders and give directions, which reflect the current state of global society. The aim of the diploma thesis Personal status of legal entities in private international law is both to clarify the actual legal situation of determining the personal status of legal entities and to find out the current grade of global legal integration in these aspects, that either encourages or prevents legal entities from international activities. In order to achieve that, firstly, a theoretical definition of the historically evolved theories for determination of personal status of legal entities is given. Subsequently, their main be- nefits and drawbacks are analysed. The first part is concluded with a definition of the scope of the conflict between the two main theories - incorporation theory and real seat theory. Additionally possible ways, how to solve this conflict together with their potential impact, are sought. Further parts of the thesis deal with such terms as recognition of foreign legal entities and cross-border transfer of seat. These all are essential terms that are bound with the per- sonal status of...
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Private international law in a comparative perspective: the determination of governing law for non-contractual relations in the law of the CR and the USA
Kadlecová, Kristýna ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
1 English Summary The aim of this thesis is to compare the determination of law applicable to non- contractual obligations in the Czech Republic and the United States of America. In the beginning I provide a brief overview of the international private law in general and then the substantial law of torts in both Czech Republic and the USA and the prospective changes in the new Civil Code which should be applicapble from 2014. The fifth chapter concerns with the law applicable to non-contractual obligations in the Czech Republic. In the first place there is a statute (Private International Law Act), but the majority of its provisions were overruled by the Rome II regulation, which unifies the privite international law of the EU states. According to the regulation, general rule for the law applicable to non-contractual obligation arising out of torts is lex loci delicti (the law of the country in which the dammage occurs). Rome II then provides special rules for product liability, unfair competition, environmental dammage, etc. In the Czech Republic the regulation does not apply to traffic accidents because the Czech Republic is a contracting state to Hague Convention on the Law Applicable to Traffic Accidents. The sixth chapter focuses on the law applicable to torts in the USA. The first subchapter deals with...
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The Development and Application of International Private Law Rules in Electronic Relations
Machová, Daniela ; Pauknerová, Monika (advisor) ; Ondřej, Jan (referee) ; Feigerlová, Monika (referee)
The dissertation deals with the application of legal rules, especially the rules of private and procedural international law, in the Internet environment. The core of the dissertation is divided into six main chapters. The first concerning the Internet world and its main terms and the general terms of conflict of laws. It is followed by the examination of the main legal sources of the international private law and by the chapter about main aspects of e-business. The two chapters that are the most essential to this work are e-contracts and the application of the international private law rules to electronic relationships. The dissertation is concluded with a segment devoted to development of e-government which is also an important part of e-business in general. The dissertation aims to provide comprehensive insight into the development and the future of the legal regulation of electronic legal relations and other important elements of e- business.
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A comparative view on conflict of laws in contractual relationships
Chvosta, Luděk ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Poláček, Bohumil (referee)
The dissertation, while incorporating and building upon previous work of the author, aims to analyze in greater detail (both from an historic perspective and from a viewpoint of current trends and associated theories) the ever-repeating discrepancy between choice- of-law regulation of contractual relationships in the Czech Republic (or the European Union) on the one hand and the Common Law legal culture (especially the United States) on the other. Recent scholarly articles are also critiqued. The following major Common Law related tenants are extrapolated from a relatively extensive background of materials: (i) Conflict of Laws in the United States constitutes an interstate system as opposed to an international system utilized by European law. Duet he federal structure of the United States and the volume of interstate trade (trade between the various states of the United States) American Conflict of Laws retains a domestic character, (ii) Conflict of Laws is not governed on a federal level and the Supreme Court of the United States has repeatedly ruled that when a federal Choice of Law clause is warranted the state-level counterpart shall be used instead analogously, (iii) due to the aforementioned domestic characteristics and case law of the Supreme Court of the United States American Conflict of...
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Personal status of legal entities in private international law
Doula, Sufjan ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
In today's world, where globalisation and internationalization becomes part of our daily life, international entrepreneurship turns into a more actual and important issue. The role of law in this system is to set borders and give directions, which reflect the current state of global society. The aim of the diploma thesis Personal status of legal entities in private international law is both to clarify the actual legal situation of determining the personal status of legal entities and to find out the current grade of global legal integration in these aspects, that either encourages or prevents legal entities from international activities. In order to achieve that, firstly, a theoretical definition of the historically evolved theories for determination of personal status of legal entities is given. Subsequently, their main be- nefits and drawbacks are analysed. The first part is concluded with a definition of the scope of the conflict between the two main theories - incorporation theory and real seat theory. Additionally possible ways, how to solve this conflict together with their potential impact, are sought. Further parts of the thesis deal with such terms as recognition of foreign legal entities and cross-border transfer of seat. These all are essential terms that are bound with the per- sonal status of...
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Trusts in Private International Law
Pračková, Naďa ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Trusts in Private International Law The thesis is focused on comprehension of trusts and Czech trust-like sverenske fondy created voluntarily by the settlors (express trusts) in private international law. The aim is to provide a comparative study of the provisions of the Czech Act No 89/2012 Coll., Civil Code, Act No 91/2012 Coll., on Private International Law, and the Hague Convention of the Law Applicable to Trusts and their Recognition. The thesis is subdivided into three main chapters, introduction and summary. The second chapter reflects on historical development of Roman fideicomisses, common law trusts, as well as continental family fideisomisses. The third chapter slocer analyses the notion and characteristics of trusts and sverenske fondy in the Czech Republic, provides the reasoning behind the understanding of express trusts from the perspective of the European Union and the European Free Trade Association. The thesis further reflects on the characteristics and understanding the trusts in the provisions of the Hague Convention of the Law Applicable to Trusts and their Recognition. Fourth chapter is dealing with the conflict law provisions applicable with respect to trusts and their recognition in national, European and international level. The thesis analysis the provisions of the Act No...
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