Choice of forum agreements in private international law

Autor: Jančar, Tomáš
Přispěvatelé: Pfeiffer, Magdalena, Zavadilová, Marta
Jazyk: čeština
Rok vydání: 2021
Předmět:
Popis: Choice of forum agreements in private international law Abstract This diploma thesis deals with the choice of forum agreement as one of the rules of international jurisdiction. It focuses on the rules of choice of court in civil and commercial matters in the Brussels Ibis regulation and the Hague Convention on Choice of Court Agreements. Its aim is to analyse if these instruments provide sufficient legal framework. First chapter provides insight into the issue of the choice of forum agreement. It explains its essence of a subjective jurisdiction rule, describes its benefits for participants of private law relationships, presents its types, and analyses its admissibility in individual private law areas. Second chapter enlists the sources of law which govern the choice of court agreements in the Czech Republic while briefly outlining their historical development. The sources are divided into three groups, based on their national, international, or European origin, with their mutual relationships and application primacy explained. Third chapter focuses on legal framework of choice of forum agreement in the Brussels Ibis regulation. Its scope of application in relation to the choice of court is described with attention placed on the existence of international element. It is followed by an analysis of the...
Databáze: OpenAIRE