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Mandatory rules in the international commercial relations
Kolářová, Anna Anežka ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The aim of the thesis is to define the cathegory of peremptory rules in private international law and to describe their specific use in the commercial domain compared to business to consumer contractual relations. The reason for my research was my concern for the conflict between the formal possibility to conclude a contract and the actual enforceability of the contractual claims before a court or before alternative dispute resolution bodies in the domain of private international law. A major part of the thesis uses an analytical approach and a grammatical, teleological and logical interpretation of the mentioned legal instruments. The final part is grounded on the legal comparation of several laws across different countries and thus demonstrating how different approaches to peremtory rules may influence the actual interpetation of various legal relations and the contractual liberty in general. The thesis is composed of four chapters and a conclusion. To begin with, the first chapter focuses on the peremptory rules in international commercial relations as a whole. It aims to define the core notion of the peremptory rules. It also reals with a personal and material scope of the thesis - the particularities of commercial relations. Furthermore, the second chapter examines the application of the...
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International licensing contracts
Gardlíková, Monika ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The goal of this thesis is to analyze international license contract institute, the function and the position it occupies in the sphere of international business with incorporeal goods and legal regime which it, on the level of the Czech rule of law and European Union law, is subject to. The thesis consists of four parts. The first part focuses on the institute of contractual license in general. It outlines its conception and basic definitional framework. It reflects the function and the position which the institute of license contract occupies in the Czech rule of law as well as its shift within the framework of Czech private law recodification. It presents diverse typology of contractual license and in the process it thoroughly focuses on its modifications, respectively on marginal agreement models such as franchise agreement and know how agreement. The second part of the thesis continues with text dedicated to the institute of license contract with international element. It presents its general classification and it also analyzes sources of its modification. The third part of the thesis treats legal regime which the international license contract is subject to, and the focal point of the text lies in the union modification included in the Rome Convention and in Regulation Rome I. The problem is discussed...
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Peremptory rules in international business transactions
Kinkor, Daniel ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
Peremptory rules in international business transactions The topic of this diploma thesis covers the issue of peremptory or rather overriding mandatory rules in international business transactions. Overriding mandatory rules are rules which shall apply despite the choice of law made by the parties of the contract. These rules, which are usually of a public nature, serve to implement some crucial public interests and may have important impacts on business relationships. The objective of this thesis is to, firstly, characterize overriding mandatory rules and secondly, to analyze the system of regulation of foreign trade with certain specific kinds of goods, where these rules are typically to be found. This thesis is divided into 12 chapters and also includes a general introduction and a final conclusion. The first chapters aim to provide a complex definition of overriding mandatory rules including one on what distinguishes these rules from public policy. The process of application of these rules based on their origin is examined in detail. The closest attention is given to the process of applying these rules when they are part of the law of a third country. The following chapters then focus on an area of law of which the use of overriding mandatory rules is characteristic., i.e. the regulation of...
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Mandatory rules in the international commercial relations
Kolářová, Anna Anežka ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The aim of the thesis is to define the cathegory of peremptory rules in private international law and to describe their specific use in the commercial domain compared to business to consumer contractual relations. The reason for my research was my concern for the conflict between the formal possibility to conclude a contract and the actual enforceability of the contractual claims before a court or before alternative dispute resolution bodies in the domain of private international law. A major part of the thesis uses an analytical approach and a grammatical, teleological and logical interpretation of the mentioned legal instruments. The final part is grounded on the legal comparation of several laws across different countries and thus demonstrating how different approaches to peremtory rules may influence the actual interpetation of various legal relations and the contractual liberty in general. The thesis is composed of four chapters and a conclusion. To begin with, the first chapter focuses on the peremptory rules in international commercial relations as a whole. It aims to define the core notion of the peremptory rules. It also reals with a personal and material scope of the thesis - the particularities of commercial relations. Furthermore, the second chapter examines the application of the...
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International licensing contracts
Gardlíková, Monika ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The goal of this thesis is to analyze international license contract institute, the function and the position it occupies in the sphere of international business with incorporeal goods and legal regime which it, on the level of the Czech rule of law and European Union law, is subject to. The thesis consists of four parts. The first part focuses on the institute of contractual license in general. It outlines its conception and basic definitional framework. It reflects the function and the position which the institute of license contract occupies in the Czech rule of law as well as its shift within the framework of Czech private law recodification. It presents diverse typology of contractual license and in the process it thoroughly focuses on its modifications, respectively on marginal agreement models such as franchise agreement and know how agreement. The second part of the thesis continues with text dedicated to the institute of license contract with international element. It presents its general classification and it also analyzes sources of its modification. The third part of the thesis treats legal regime which the international license contract is subject to, and the focal point of the text lies in the union modification included in the Rome Convention and in Regulation Rome I. The problem is discussed...
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The choice of law and court in international trade
Bříza, Petr ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
The dissertation thesis deals with choice of law and choice of court in the area of international trade, as governed by the EU and international legal instruments. The thesis is divided into 4 basic chapters, its centerpiece being chapters II and III, which contain a detailed analysis of choice of law and choice of court in the EU legal instruments and also in international agreements. Chapter I is an introduction of the topic, while chapter IV brings a summary of findings and conclusions made throughout the thesis. The introductory chapter brings about the justification, why it was choice of law and choice of court, which have become the subject matter of the thesis. Right at the beginning, the importance of these tools for international transactions is demonstrated; principle of party autonomy, which is reflected in these tools, plays a key role here. It is party autonomy principle and its history, what is analyzed in the first part of this chapter, while the author comes back to this pivotal (and nowadays in principle universally respected) principle also in other chapters, always in relation to the specific legal instruments dealt with therein. The introductory chapter also discusses the reasons, why parties conclude choice of law agreements and it also analyses under which circumstances they...
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