Non-contractual obligations with cross-border elements Non-contractual obligations form a specific part of the law of obligations. Non- contractual obligations are characterized by the fact that the respective parties enter them involuntarily and without a clear understanding of their legal regulation. In cases where the respective legal relationship contains a cross-border element, this lack of understanding is even deeper. The subject of this thesis are non-contractual obligations with a cross-border element and their regulation in private international law. The three fundamental questions of private international law are addressed: namely the issue of international jurisdiction, applicable law, and recognition and enforcement of foreign judgements. The current legal regulation of non-contractual obligations with a cross-border elements is contained in a number of legal resources - from international treaties and EU legislation to autonomous national law. The main objective of this thesis is to analyse these systems of legal regulation in order to determine whether they meet the requirement of legal certainty and foreseeability or whether its unification on international or at least a regional level would be beneficial in that regard. Apart from the introductory and conclusion parts, the thesis...
Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:454788 |
Date | January 2021 |
Creators | Holečková, Kateřina |
Contributors | Pauknerová, Monika, Rozehnal, Aleš, Dolanská Bányaiová, Lucie |
Source Sets | Czech ETDs |
Language | Czech |
Detected Language | English |
Type | info:eu-repo/semantics/doctoralThesis |
Rights | info:eu-repo/semantics/restrictedAccess |
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