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International law of succession focusing on European regulation
Chybová, Lucie ; Pfeiffer, Magdalena (advisor) ; Brodec, Jan (referee)
International succession law with emphasis on European legislation Abstract This thesis deals with legislation on cross-border succession with emphasis on Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (Succession Regulation). Firstly the thesis delimits the subject of international succession law and describes its legislative methods. Furthermore the thesis in closer detail deals with sources of international succession law and their mutual relationships, particularly the relationship between bilateral international treaties and the Succession Regulation. Consequently the diploma thesis define lex hereditatis (law applicable to succession) and borderline determinants typical for international succession law, namely a nationality, a last habitual residence and a location of immovable property. A core of this thesis is composed of chapters handling conflict of laws norms according to the Succession Regulation which determine an applicable law to succession and international private law institutes related to it which influence lex hereditatis, such as order...
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International abduction of children and private international law
Hakobjan, Suzana ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
International Child Abduction and International Private Law The aim of this thesis is to provide an overall insight into the issue of the International Child Abduction and to analyse the relevant instruments of law which desire to protect the child and other victims of abduction and to avoid harmful effects the abductions may have. In that context the thesis mentions the most important conventions which apply in this field. Among those legislations belongs first of all the Hague Convention on the Civil Aspects of International Child Abduction 1980 (hereafter as Hague Convention), also the Convention on the Rights of the Child (hereafter as CRC) and the Convention for the Protection of Human Rights and Fundamental Freedoms (hereafter as ECHR). This thesis constitutes a complete and methodical overview of the return procedure under the Hague Convention. In the meantime it tries to point out some underlying issues which the Hague Convention failed to codify. This gaps in legislation and an absence of a single court to give an authoritative rulings on the interpretation of the Hague Convention cause that it lacks uniform application in practice. The thesis supports its conclusions by referring to the Jurisprudence of the European Court of Human Rights and offers to the reader various solutions of basic...
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The Convention on the Civil Aspects of International Child Abduction and the International Private Law
Jirmanová, Miroslava ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
Since the late 20th century there has been an increase migration in of people due to the development of new technologies, easier ways of travel and the opening of national borders. People travel abroad for jobs, studies, or exploring new countries. During these travels some of them find life partners abroad, settle down there, conclude marriages and establish families. It often happens that such marriages end in divorce. If children are born in such a wedlock questions arise as to who will take care of them, who will pay maintenance etc. In some cases a parent decides to solve a conflict situation in such a way that he/she moves with the child without consent of the other parent to another place within the country or he/she decides to move to another country, usually to the country of his/her origin. He/she wants to settle there with the child and to legalize staying there. Such removal where national borders are crossed is considered to be international child abduction. The basic document dealing with the issue of international child abductions is the Hague Convention on the Civil Aspects of International Child Abduction (hereinafter the Hague Convention) adopted on 25 October 1980 and currently acceded to by 87 states. The Hague Convention establishes rules according to which cases of...
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A Criterion of Habitual Residence in Private International Law
Pfeiffer, Magdalena ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
This dissertation deals with one of the most significant concepts of contemporary private international law - the concept of habitual residence. The concept of habitual residence was introduced into the field of private international law within the context of the unification work of the Hague Conference of Private International Law in the interest of finding a compromise between the traditional connecting factors of domicile, dominant in the sphere of common law, and nationality, that is historically closely bound to continental legal systems. Thanks to the long and systematic unification work of the Hague Conference of Private International Law, the connecting factor of habitual residence has gained a permanent indisputable position in private international law. The concept of habitual residence has also forcefully made its way through into the rapidly developing sphere of European private international law. The European Union has followed in the footsteps of the Hague Conference of Private International Law: habitual residence is today the central, most frequently adopted connecting factor in the unified conflict-of-laws rules, that determine the applicable law, as well as in the rules that determine the jurisdiction of the forum. Building on the recent intense development in this field of...
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International law of succession focusing on European regulation
Káplová, Eva ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
International law of succession focusing on European regulation The aim of my thesis is the international Law of Succession with emphasis on the European Regulation No. 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate on Succession. The regulation of succession will apply to succession proceedings with an international element concerning those who died after 17 August 2015. The purpose of the regulation is to simplify and expedite such proceedings within the European Union. In principle, the ruling on the entire estate of the testator should be decided in the course of a single succession proceeding in order to avoid conflicts in court judgments that could occur if the procedure was split into different countries. Furthermore, the diploma thesis deals with the concept of border determinant in international law, where habitual residence becomes increasingly important, while other borderline determinants such as domicile or nationality already lose their importance. I also explain the term 'estate planning' in my paper, i.e. the arrangement of inheritance conditions of the future...
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A Criterion of Habitual Residence in Private International Law
Pfeiffer, Magdalena ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
This dissertation deals with one of the most significant concepts of contemporary private international law - the concept of habitual residence. The concept of habitual residence was introduced into the field of private international law within the context of the unification work of the Hague Conference of Private International Law in the interest of finding a compromise between the traditional connecting factors of domicile, dominant in the sphere of common law, and nationality, that is historically closely bound to continental legal systems. Thanks to the long and systematic unification work of the Hague Conference of Private International Law, the connecting factor of habitual residence has gained a permanent indisputable position in private international law. The concept of habitual residence has also forcefully made its way through into the rapidly developing sphere of European private international law. The European Union has followed in the footsteps of the Hague Conference of Private International Law: habitual residence is today the central, most frequently adopted connecting factor in the unified conflict-of-laws rules, that determine the applicable law, as well as in the rules that determine the jurisdiction of the forum. Building on the recent intense development in this field of...
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The Convention on the Civil Aspects of International Child Abduction and the International Private Law
Jirmanová, Miroslava ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
Since the late 20th century there has been an increase migration in of people due to the development of new technologies, easier ways of travel and the opening of national borders. People travel abroad for jobs, studies, or exploring new countries. During these travels some of them find life partners abroad, settle down there, conclude marriages and establish families. It often happens that such marriages end in divorce. If children are born in such a wedlock questions arise as to who will take care of them, who will pay maintenance etc. In some cases a parent decides to solve a conflict situation in such a way that he/she moves with the child without consent of the other parent to another place within the country or he/she decides to move to another country, usually to the country of his/her origin. He/she wants to settle there with the child and to legalize staying there. Such removal where national borders are crossed is considered to be international child abduction. The basic document dealing with the issue of international child abductions is the Hague Convention on the Civil Aspects of International Child Abduction (hereinafter the Hague Convention) adopted on 25 October 1980 and currently acceded to by 87 states. The Hague Convention establishes rules according to which cases of...
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International abduction of children and private international law
Hakobjan, Suzana ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
International Child Abduction and International Private Law The aim of this thesis is to provide an overall insight into the issue of the International Child Abduction and to analyse the relevant instruments of law which desire to protect the child and other victims of abduction and to avoid harmful effects the abductions may have. In that context the thesis mentions the most important conventions which apply in this field. Among those legislations belongs first of all the Hague Convention on the Civil Aspects of International Child Abduction 1980 (hereafter as Hague Convention), also the Convention on the Rights of the Child (hereafter as CRC) and the Convention for the Protection of Human Rights and Fundamental Freedoms (hereafter as ECHR). This thesis constitutes a complete and methodical overview of the return procedure under the Hague Convention. In the meantime it tries to point out some underlying issues which the Hague Convention failed to codify. This gaps in legislation and an absence of a single court to give an authoritative rulings on the interpretation of the Hague Convention cause that it lacks uniform application in practice. The thesis supports its conclusions by referring to the Jurisprudence of the European Court of Human Rights and offers to the reader various solutions of basic...
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