1 [Mandatory rules in international business transactions] Abstract Nowadays, international elements often penetrate legal relations, which may interfere with the fundamental values of individual states. The mandatory rules of private international law offer protection against such unwanted interferences. These rules represent social, political and economic organization of the state and they apply always regardless of the applicable law of the legal relationship. Although the purpose of mandatory rules is obvious, there are many questions about their application in practice. This thesis offers an overview of possible answers concerning the definition, naming of this type of rules or determination of their mandatory character. Furthermore, the work categorizes mandatory rules according to their function and origin and explains the difference between mandatory rules in the context of private international law and national law. The thesis describes issues of mandatory rules that protect weaker parties of obligations and their international mandatory character. Example of contradictory opinions is based on case-law of the Court of Justice of the European Union in cases Ingmar and Unamar, which recognizes international mandatory character of these rules, and on German doctrine and case-law, which considers these...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:453844 |
| Date | January 2020 |
| Creators | Tejchman, Linda |
| Contributors | Pauknerová, Monika, Brodec, Jan |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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