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Labour relations with international element and their content changes over time
Kratochvílová, Eva ; Hůrka, Petr (referee)
In her PhD thesis, the author deals with the legal regulation of the international element in labour relations which is supplemented by the dimension of the regulation of the social security and the protection of personal data in order to create a complex view of the examined issue. The international element within the respective legal branches is regulated at the EU level by a different methodology approach - harmonization (labour law), coordination (social security law) and unification (protection of personal data). The fundamental role in the regulation of the international element in labour relations is played by EU legislation, especially the Regulations Rome I, Rome II and Brussels I (bis), which is complemented by the legal regulation of the international element in labour law relations within the Czech law system. The international element in social security law is governed by Coordination Regulations Nos. 883/2004 and 957/2009, the Czech legislation does not contain, in this respect, its own legal regulation of an international element and refers to the EU regulation. In the area of personal data protection, the harmonization legislation of Directive No. 95/46/EC and Czech Act No. 101/2000 Coll., on Data Protection, will be replaced as of 25.05.2018 by the GDPR Regulation. The EU...
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Labour relations with international element and their content changes over time
Kratochvílová, Eva ; Hůrka, Petr (referee)
In her PhD thesis, the author deals with the legal regulation of the international element in labour relations which is supplemented by the dimension of the regulation of the social security and the protection of personal data in order to create a complex view of the examined issue. The international element within the respective legal branches is regulated at the EU level by a different methodology approach - harmonization (labour law), coordination (social security law) and unification (protection of personal data). The fundamental role in the regulation of the international element in labour relations is played by EU legislation, especially the Regulations Rome I, Rome II and Brussels I (bis), which is complemented by the legal regulation of the international element in labour law relations within the Czech law system. The international element in social security law is governed by Coordination Regulations Nos. 883/2004 and 957/2009, the Czech legislation does not contain, in this respect, its own legal regulation of an international element and refers to the EU regulation. In the area of personal data protection, the harmonization legislation of Directive No. 95/46/EC and Czech Act No. 101/2000 Coll., on Data Protection, will be replaced as of 25.05.2018 by the GDPR Regulation. The EU...
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Patent litigation with international element
Košík, Petr ; Kříž, Jan (advisor) ; Čada, Karel (referee) ; Pítra, Vladimír (referee)
With the development of society, we get into situations where it is also necessary to protect what cannot be touched. We begin to get into a situation where we protect what cannot be reached, which is intangible rights. If we look into the past, the first kind of intangible right could be God's blessing as we can learn about it in the Bible. Many years later, the issue of electric current is solved, where the electric current is only taken as an accessory to the main thing, the metal wire, which is the electric conductor. In today's world, however, electricity is a separate thing, but it cannot be touched, touched even though it is all around us and it is a universally transformable source of energy. The same issue arises in the area of protection of rights arising from intellectual activity and implemented also in intangible form. The protection of intangible law and its one particular part - patent (patent protection) is the main interest of this work. Intangible rights are protected by individual states around the world when interactions between owners or violators of individual rights around the world occur very often. The dissertation on Patent Litigation with an International Element deals with that part of the interaction between the proprietors and infringers of patent-protected rights,...
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Recognition and execution of foreign arbitral awards
Kobzová, Andrea ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
63 Recognition and execution of foreign arbitral awards Abstract This thesis deals with the issue of recognition and performance of foreign arbitral awards in the field of private international law. The aim of the thesis is to clarify the distinction between recognition and performance and to focus on the issue of enforceability in judicial and enforcement proceedings. The thesis is divided into four chapters describing individual elements of arbitration and recognition and enforcement of arbitral awards. In the first chapter I deal with the arbitration, which is a prerequisite for the arbitral award. The second chapter defines the arbitral award itself, its particulars, types, and the procedure for its abolition. In the third chapter I dealt with the most important sources in the field of foreign arbitral awards and the last chapter is the most comprehensive. It contains a process of recognition and execution, including denial under the New York Convention, the current issue of the decision-making practice of the Supreme court of the Czech Republic, as well as recognition and enforcement in the territory of Switzerland. At the end of the thesis the Swiss and Czech legal regulations of the arbitration proceedings are compared, the amendment of the rules of arbitration of the International Chamber of...
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Labour relations with international element and their content changes over time
Kratochvílová, Eva ; Vysokajová, Margerita (advisor) ; Chvátalová, Iva (referee) ; Štefko, Martin (referee)
In her PhD thesis, the author deals with the legal regulation of the international element in labour relations which is supplemented by the dimension of the regulation of the social security and the protection of personal data in order to create a complex view of the examined issue. The international element within the respective legal branches is regulated at the EU level by a different methodology approach - harmonization (labour law), coordination (social security law) and unification (protection of personal data). The fundamental role in the regulation of the international element in labour relations is played by EU legislation, especially the Regulations Rome I, Rome II and Brussels I (bis), which is complemented by the legal regulation of the international element in labour law relations within the Czech law system. The international element in social security law is governed by Coordination Regulations Nos. 883/2004 and 957/2009, the Czech legislation does not contain, in this respect, its own legal regulation of an international element and refers to the EU regulation. In the area of personal data protection, the harmonization legislation of Directive No. 95/46/EC and Czech Act No. 101/2000 Coll., on Data Protection, will be replaced as of 25.05.2018 by the GDPR Regulation. The EU...
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Internet business transactions with an international element
Uram, Tomáš ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
In the last two decades the world has experienced enormous growth of the internet users what has created business opportunities in a completely new and very specific space. The goal of this thesis is to analyze the most important legal aspects of internet business transactions with an international element. The internet commerce and subsequently the consumer protection programme has become a legal discipline which is subject of extensive development reflected in setting in legal standards found within the legal code of the Czech Republic. The thesis is divided into three main parts. It starts with a short introduction of internet environment and its characteristic, focusing on its specific aspects which respresent a challenge for the regulation such as decentralisation or geographical independence. The second part deals with the process of closing contracts on and consumer protection within the scope of european regulation such as directive on electronic commerce, directive on the protection of consumers in respect of distance contracts or directive on consumer rights. The third part is dedicated to the role of the international element within internet business transactions and methods of identification of the applicable law and respective jurisdiction. The role of the Court of Justice of the European Union...
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The Right of Child to Participate in Decision-making about his/her Upbringing
Manková, Hana ; Koťa, Jaroslav (advisor) ; Krykorková, Hana (referee)
The right of the child to participate in decision-making about his/her upbringing, decisions which directly concern him/her, is an interdisciplinary subject. The bachelor's thesis focuses on its legal, psychological and pedagogical aspects. This right is grounded in multiple legal instruments of various types and legal force. However, the interpretation of this particular right and its application in practice are highly problematic. It is in the best interest of every child to have the opportunity to express his/her opinion about issues related to his/her upbringing. This opportunity is, however, determined by social and cultural factors. The thesis clarifies the most important issues related to child's participation in decision-making about his/her upbringing within the family.
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