Diploma thesis "Regulation Brussels I and other procedural legislation of European private international law" (with regards to recognition and enforcement of judgments in civil and commercial matters) is focused on the procedure of recognition and enforcement of foreign judgments in the European Union. The beginning of the thesis is dedicated to the European legislative development of the recognition and enforcement of foreign judgments. The key part of the thesis, analysis of recognition and enforcement according to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, so called Brussels I Regulation, is contained in the third chapter. This chapter describes the procedure required for recognition and enforcement of judgments given in one member state in another member state, lists related significant decisions of the Court of Justice of the European Union and provides critical evaluation of this procedure by specialists. The aim of Chapters four and five is introduction of regulations that came into force after the Brussels I Regulation. These are Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims and Regulation (EC) No...

and keywords The recognition and enforcement of foreign judgments are basic requirements for development of international trade and other international cooperation. The purpose of my thesis called "The recognition and enforcement of judicial decisions within the European Union" is to compare two laws of EU Private International Law, which deal with this question - the Brussels I Regulation and the European Enforcement Order Regulation, as well as evaluate application of these Regulations by the Court of Justice of the European Union (European Court of Justice) and by national courts of two of member states of European Union - the Czech Republic and the Kingdom of Spain. The basic instruments for this research are description, analysis and comparison. The thesis is composed of six chapters, each of them dealing with different aspects of recognition and enforcement of judicial decisions. Introductory chapter defines basic scope of this thesis. Chapter Two explicates basic theoretical issues and context of the recognition and enforcement in Czech Republic - Czech legislation, international Treaties and European legislation. Chapter Three is focused on recognition and enforcement of foreign judgments according to the Brussels I Regulation, which is a basic European law for the issues of recognition and...

in English The purpose of this master's thesis is to analyse the interfaces between international arbitration and litigation within the Brussels' jurisdictional regime. Arbitration has always been excluded from the scope of the Brussels' regime. However, the exact scope of this exclusion was always unclear and subject to long lasting debates and disputes. The consequences of determining whether a certain issue falls within the exclusion or not are far reaching and may seriously jeopardise the enforceability of an arbitration agreement and the effectiveness of arbitration in general. The main problem connected with the uncertainty regarding the actual scope of the arbitration exclusion, is the risk of parallel proceedings and conflicting judgements. Firstly, this thesis provides a general characteristic of alternative dispute resolution with focus on international arbitration and sources of its regulation. The overview of the history of the arbitration exclusion follows in order to create a foundation for the following analysis of the exclusion itself. The core part of the thesis aims to determine the scope of the arbitration exclusion, mainly through the analysis of the CJEU's case law and relevant literature. Special attention is paid to the judgements on validity of an arbitration agreement and...

Regulation of international jurisdiction of courts in Brussels I bis Regulation Abstract This master thesis deals with the international jurisdiction of courts in Brussels I bis Regulation. The main aim is to analyse the provisions of the Brussels I bis Regulation and compare them with the previous Brussels I Regulation and with the proposed amendments. Attention is paid to the choice of court agreements as an instrument providing the party autonomy, and also to the controversial issues of the new regulation. The thesis is divided into four chapters. The first chapter presents the history of the European international jurisdiction which is reliant on the development of the European integration. It shows the background of preparation of the Brussels Convention, the Lugano Convention, the Brussels I Regulation and its recast. The second chapter focuses on the scope of application of the Brussels I bis Regulation. Before the analyse of individual provision, the attention is paid to the international element as the implicit condition to apply the Brussels I bis Regulation. The thesis then explores the material scope of the regulation stressing the term "civil and commercial matters". The originally proposed universal scope is examined within the personal scope of the regulation. However, it was implemented only...

The purpose of the thesis is to offer a comprehensive commentary of the choice-of-court agreements under the Brussels I bis regulations and the 2005 Convention on Choice of Court Agreements ("Convention") and to refer to the main problems which may arise during the application of these instruments to the disputes arising from relationships in which the choice- of-court agreement was concluded. The paper is composed of five main chapters. The first four chapters deal with the framework of the Brussels I bis, the fifth chapter illustrates the rules of the Convention. Chapter one is dedicated to the fundamental characteristics of the Brussels I bis. It compares the rules contained therein with the previous legislation, analyses its principles and purposes, the interpretation of the terms contained therein and the relation to the other instruments. Chapter two deals with the detailed analysis of the choice-of-court agreements under the Brussels I bis, particularly with the scope of effect of art. 25, the effect of jurisdictional agreements, their characteristics, formalities necessary for their creations, their extent, forms, formal and material validity, cases where the Brussels I bis restricts the effect of the choice-of-court agreements and the consequences of such violation. Chapter three explains...

INTERNATIONAL SALES DISPUTE RESOLUTION ABSTRACT This dissertation deals with judicial resolution of disputes arising from cross-border commercial relationships, more precisely from international sales contract as their common representative. The introduction defines the term of international sales contract (chapter one) and the process of its formation (chapter two) under the United Nations Convention on Contracts for the International Sale of Goods ("CISG"). It addresses inter alia the gap filling of the CISG, uniform interpretation or commercial usages. Some comparative notes are also provided. Further, it examines a phenomenon called "battle of forms" that often occurs in practice when dealing with standard terms and conditions. The focal point of the thesis is the rules of jurisdiction set out in the Brussels I Regulation Recast ("Regulation") which are analysed from the perspective of an international commercial relationship. The emphasis is on the prorogation of jurisdiction under the Regulation. The third chapter deals with the territorial, temporal and material scope of application of the Regulation, as well as with its autonomous interpretation. It also discusses the role of the Regulation in arbitration. Chapter four reviews the rules of jurisdiction applicable when there is no valid choice of...

The thesis provides a glimpse into lives of the Czechs working in the EU institutions. Accent is on the theory of transnationalism as contemporary approach to international migration. The paper focuses on group of migrants for which mobility and high qualification is characteristical as important elements within the current knowledge based society. It deals with migrants who are living their lives in two or more countries at once and who stay in close touch with the country of their origin. Focus of the work is aimed at the concept of temporarity as a key dimension that has influence on strategy, lifestyle and values of the Czech transnational migrants in Brussels. Conclusions are based on qualitative research composed of longterm participant observation, formal semi-structured and informal interviews. The aim of the work is to show the dimenson of temporarity by using material culture as a method on strategies of living and consumation and also how are the Czechs in Brussels biased by a specific environment of the EU institutions. Further to find out whether it is possible to consider Czech migrants as transnational migrants with regards to the definition of transnational migration and following the relationship to the Czech Republic and Belgium, contacts with home. KEY WORDS: transnational...

The diploma thesis entitled "The Brussels I Regulation and Other Procedural Legislation of European Private International Law (with regard to consumer protection)" as presented focuses in details primarily on the consumer protection under the relevant civil procedural law of the EU. The main objective is to analyse certain provisions of relevant law dealing with the effective protection of the weaker contracting party - consumer. The European Union's consumer protection legislation tends to strenghten the legal position of a consumer. The thesis underscores the importance of these special provisions, presents the original purposes, which have led to the adoption of them and the deduced conclusions supports by practical examples and by relevant European case law. It might be concluded that these provisions have created a special branch of the European civil procedure law. The text is divided into seven main chapters. The introduction includes the scope of the topic covered by the thesis. The first chapter is dedicated to the europeanization process of civil procedure and is primarily supposed to introduce the reader into the relevant issues of the thesis. The second chapter is intended to provide basic information about the conception of consumer protection law within the European context. It deals...

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...

© JUDr. Barbora Krajcová Mezinárodní internetové právo a příslušnost soudu v internetových sporech ABSTRACT The aim of this dissertation thesis is to provide an analysis of International Internet Law from an electronic commerce and, in particular, procedural law perspective. The author focuses on questions relating to jurisdiction which are, according to the author's opinion, specific and controversial to electronic commerce cases. Other questions of procedural law, such as, for example, recognition and enforcement of judgments, are not analyzed in this thesis, since the author does not see any specific issues with these questions in connection with electronic commerce. The Chapter No. 1 in the theoretical portion of this dissertation thesis refers to internet as medium operating electronic commerce. The Chapter No. 2 reflects key and basic terms, contains, inter alia, definition of electronic commerce. However, this thesis analyses questions of jurisdiction the Chapter No. 3 analyses also substantive law relating to electronic commerce and the basic terms used throughout this thesis. Due understanding of substantive law (from an EU law perspective; the e-commerce directive and from an international law perspective; the UNCITRAL Convention on Use of Electronic Communications in International Contracts) its...