No description available.

The Warsaw Convention 1929 is the first international instrument relating to private international air law. It established a certain uniform set of regulations in the field of international carriage by air. This widely accepted Convention was later amended and supplemented by several instruments in order to adjust and adapt this uniform set of rules to the rapid growth of aviation industry. With the absence of consolidation, the result was total confusion created by the coexistence of multiple legal regimes of the Warsaw System. To modernize and consolidate the instruments of the Warsaw System into one single instrument, the Montreal Convention was adopted on May 28, 1999. / The first two chapters of this thesis explore the Warsaw System and the Montreal Convention. The merits and demerits of the instruments are discussed as well as the future of the Montreal Convention 1999. / In the last chapter, the related legal regimes of Thailand are introduced. A comparative study of the Thai laws and the international Conventions are carried out, with a view to determine the advantages and disadvantages for Thailand of becoming a party to the Conventions governing the international carriage by air. / The conclusion is a call for Thailand to ratify the Montreal Convention 1999 which will soon come into force, as soon as possible.

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University of Macau / Faculty of Law

This thesis discusses the background, contents and airpolitical consequences of the so-called 'Horizontal Agreements ("HA"),' concluded by the European Union ("EU") with third countries to give effect to the European Court of Justice's ("Court"/"ECJ") decision of November 2002 in the 'Open Skies' cases brought by the European Commission ("EC"/"Commission") against certain EU Member States. / The Court's decision outlaws the nationality or 'ownership and control' clause in the bilateral ('Open Skies') agreements concluded with the United States by those Member States. As this clause is a standard provision in all bilateral air services agreements, the Court's decision actually obliges the Member States to amend those agreements and replace the said clauses by provisions which do not discriminate on the basis of nationality. / The Member States have in the meantime mandated the Commission to engage in such negotiations on their behalf on the basis of a jointly developed Model Horizontal Agreement ("MHA"), containing a non-discriminatory so-called Community clause and some other provisions on matters within the exclusive competence of the Community. / This research thus examines the legal and airpolitical implications of these Horizontal Agreements, which the Commission has concluded in the meantime and continues to propose to third countries. In this connection, attention is given to the scenario of the anticipated Horizontal Agreement negotiations between the EU and the Republic of Korea.

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No description available.

published_or_final_version / abstract / Law / Master / Master of Philosophy

1 Abstract The presented thesis deals with liability for defects in work in business obligations. It analyzes the effective legislation which is primarily contained in the Commercial Code and points out some problems arising from the interpretation of the law. It further summarizes the numerous and relatively constant judicature of the Supreme Court of the Czech Republic and legal opinions of several commercional lawyers. The author of the thesis tries to assess the conclusions of the judicature and legal doctrine. In some cases, he presents his own suggestions to solve the shortcomings of the current legislation. These proposals are based on his own legal reasoning. During the creation of the Commercial Code, the legislature had been inspired by the Economic Code and the International Trade Code, the immediate predecessors of the Commercial Code, and by United Nations Convention on Contracts for the International Sale of Goods. For this reason the legislation contained in these sources of law is mentioned particularly when the legislation departs from the current legislation of the Commercial Code. The future development of the legislation is also presumed. The thesis deals with the draft of the new Civil Code and focuses on the draft's solutions of several selected issues (issue of performance of...

1 Abstract This thesis deals with the institute of unjust enrichment extending to commercial law. It is focused on specific aspects of existence of this institute in commercial law. Particularly it means an issue of the limitation of unjust enrichment claims in business relationships as well as other special elements of unjust enrichment in commercial law regulations such as the question of repayment of the performance caused by the withdrawal, the protection of the company name claims and protection against unfair competition, rights of industrial property and bill of exchange and cheques enrichment. Although the work is primarily based on existing legislation, it is not limited to the examination of the issue from the perspective of re-codification of private law. The thesis analyzes the various provisions of the relevant commercial law regulations whose interpretation is in theory and practice greatly divided, and with their detailed analysis using initially established theoretical basis, trying to make their own suggestions.