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Private international law in a comparative perspective: International family law in the Czech republic and in the Federal Republic of Germany The subject matter of this thesis is a comparison of Czech and German legal regulations of international family law. I have concretely focused on a regulation of matrimonial law with an international element and on a regulation of relations connected with registered partnership containing the international element. I have chosen this subject matter because this field has not been completely unified by a legislation of the European Union and so that I can compare legal regulations in the Czech Republic and in the Federal Republic of Germany. It is a really actual theme because a new law act about international law is going to be effective from 1st January, 2014 in the Czech Republic and furthermore the Regulation Rome III governing applicable law for a severance and divorce has become effective in some member states of the EU. Also there have been designed other new Regulations regulating marital relations and relations of registered partnership with the international element. A development of a new legal regulation allowed me to elaborate the topic with using information which has not been used so summarily yet. So this work could be a contribution according...

Private international law from a comparative perspective (comparison of a particular segment in Czech law and the law of a selected country) The aim of this thesis is to compare the provisions of the Czech and Italian private international law respective to the issue of applicable law and recognition of trusts. The thesis is composed of six main chapters, introduction and conclusion. Second chapter refers to the historical concept of trusts with particular focus on the historical development in Czech legal system. Third chapter is focused on the notion of trust within the terms of the Act no. 89/2012 Coll., Civil Code and the Hague Convention on the Law Applicable to Trusts and on their Recognition as well as its unique implementation allowing creation of specific Italian trusts, so-called trusts interni. Fourth and fifth chapter are dedicated to the complex analysis of provisions of the Act no. 91/2012 Sb., on Private International Law and the Hague Convention, in particularly extent of the application, the choice of law, applicable law, change of law, depeçage, and recognition of trusts. European legislation overview and possible grounds for further development are described in the sixth chapter. Seventh chapter describes practical aspects of the applicable law and recognition of trusts.

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...

The topic of this thesis is the law applicable to obligations with an international aspect, which is an area that presents a complex and important part of private international law. Statutes dealing with obligations with an international aspect may be of national, international or EU origin and employ different methods to regulate such obligations. Therefore, in comparison with national legal disciplines, the determination of the appropriate legal statute may prove challenging. One of the questions this thesis deals with is the relationship between these statutes and the basic principles upon which the selection between them should be made. Obligations with an international aspect are at the present time dominated by two EU regulations, namely the Rome I Regulation which deals with contractual obligations and the Rome II Regulation which deals with non-contractual obligations. A large portion of this thesis is devoted to their analysis. Instead of a detailed description of their every provision, which for the purpose of this work is unnecessary, this thesis focuses on the scope of application of these Regulations, the conflict rules and the scope of the applicable law. Chapters two and three are a general outline of the issues that follow in this work. The second chapter explains the basic terms...

The subject of the conflict of laws and arbitration in intellectual property rights is a complicated topic to research, because the normal rules of private international law and arbitration can be affected by the special characteristics of patents and trademarks. Some rules of these subjects might need to be reformed and in some cases there are principles that should be created to successfully handle cross-border disputes concerning patents and trademarks. Establishment of a special court with supranational jurisdiction may be required to resolve these types of disputes. Recently, this subject has been given enormous attention around the world. While the academics, legislators and forums in developed states have broadly discussed the subject of conflict of laws and arbitration in intellectual property rights, in Saudi Arabia, it has not been given noticeable attention. This thesis intends to make a significant contribution to Saudi law and provide appropriate approaches on the subject of conflict of laws and arbitration in intellectual property rights. The topics which will be covered in this thesis are the rules of international jurisdiction, the rules of choice of law, the rules for enforcement of foreign judgments and the rules of arbitration. The modification and the enhancement of the rules of private international law and arbitration established in Saudi law will be recommended and the arguments for each suggested approach will be presented.

O presente trabalho busca analisar as relações de consumo no âmbito do comércio eletrônico verificando a aplicabilidade do Código de Defesa do Consumidor e das normativas recentes.A inovação no meio de contratação eletrônica tem demonstrado novas circunstâncias que levam à diminuição da confiança. Neste meio, a dificuldade de identificação dos contratantes é grande, gerando uma desconfiança generalizada. Essa não se dá apenas pela despersonalização, mas também pela desmaterialização e desterritorialização das contratações. Assim, será analisada de que modo a proteção do consumidor pode ser alcançada através do princípio da confiança. As relações contratuais pela internet demonstram uma mobilidade e uma aproximação entre barreiras territoriais; neste sentido,analisa-se também a suficiência da legislação existente. / This study aims to analyze the relationships within the consumer electronic commerce by attempting to establish the law applicable to such relationships. The means of contracting have brought up new features that lead to reduced confidence. In this environment it is extremely difficult to identify the contractor, generating a widespread mistrust. It doesn’t just happen due to the depersonalization, but also because of the dematerialization and deterritorialization of the contracting. So it will be done a strong analysis of the consumer protection through the confidence principle. The contractual relationships over the Internet show mobility and a rapprochement between territorial barriers. In this sense there is the need for analysis of comparative law on consumer protection and electronic commerce, and thus applicable law will be examined through new rules of connection in private international law in order to increase confidence in between the contracting parties.

O presente trabalho busca analisar as relações de consumo no âmbito do comércio eletrônico verificando a aplicabilidade do Código de Defesa do Consumidor e das normativas recentes.A inovação no meio de contratação eletrônica tem demonstrado novas circunstâncias que levam à diminuição da confiança. Neste meio, a dificuldade de identificação dos contratantes é grande, gerando uma desconfiança generalizada. Essa não se dá apenas pela despersonalização, mas também pela desmaterialização e desterritorialização das contratações. Assim, será analisada de que modo a proteção do consumidor pode ser alcançada através do princípio da confiança. As relações contratuais pela internet demonstram uma mobilidade e uma aproximação entre barreiras territoriais; neste sentido,analisa-se também a suficiência da legislação existente. / This study aims to analyze the relationships within the consumer electronic commerce by attempting to establish the law applicable to such relationships. The means of contracting have brought up new features that lead to reduced confidence. In this environment it is extremely difficult to identify the contractor, generating a widespread mistrust. It doesn’t just happen due to the depersonalization, but also because of the dematerialization and deterritorialization of the contracting. So it will be done a strong analysis of the consumer protection through the confidence principle. The contractual relationships over the Internet show mobility and a rapprochement between territorial barriers. In this sense there is the need for analysis of comparative law on consumer protection and electronic commerce, and thus applicable law will be examined through new rules of connection in private international law in order to increase confidence in between the contracting parties.

O presente trabalho busca analisar as relações de consumo no âmbito do comércio eletrônico verificando a aplicabilidade do Código de Defesa do Consumidor e das normativas recentes.A inovação no meio de contratação eletrônica tem demonstrado novas circunstâncias que levam à diminuição da confiança. Neste meio, a dificuldade de identificação dos contratantes é grande, gerando uma desconfiança generalizada. Essa não se dá apenas pela despersonalização, mas também pela desmaterialização e desterritorialização das contratações. Assim, será analisada de que modo a proteção do consumidor pode ser alcançada através do princípio da confiança. As relações contratuais pela internet demonstram uma mobilidade e uma aproximação entre barreiras territoriais; neste sentido,analisa-se também a suficiência da legislação existente. / This study aims to analyze the relationships within the consumer electronic commerce by attempting to establish the law applicable to such relationships. The means of contracting have brought up new features that lead to reduced confidence. In this environment it is extremely difficult to identify the contractor, generating a widespread mistrust. It doesn’t just happen due to the depersonalization, but also because of the dematerialization and deterritorialization of the contracting. So it will be done a strong analysis of the consumer protection through the confidence principle. The contractual relationships over the Internet show mobility and a rapprochement between territorial barriers. In this sense there is the need for analysis of comparative law on consumer protection and electronic commerce, and thus applicable law will be examined through new rules of connection in private international law in order to increase confidence in between the contracting parties.

1 The law governing obligations with an international element Abstract The legal regulation of obligations with an international element constitutes an extensive issue which forms a significant part of private international law. It is also the area with the most frequent appearance of an international element which is particularly important in international business. This thesis firstly deals with the distinction of legal norms which regulate contractual relationships with an international element according to their origin and methods that govern these relationships. Such distinction of legal norms is essential for the comprehension of their mutual relations and therefore for the application of a correct norm to the particular obligation. The thesis also defines basic concepts which are necessary for orientation in this part of private international law. The main content of the thesis is represented with an analysis of legal norms, which, from the perspective of the Czech legal system, govern relationships with an international element. The thesis contains a basic analysis of legal regulations contained in international treaties concerning mainly international trade and types of contracts which are used in international trade, i.e. purchase and transport contracts. The core of this thesis is represented by...