Publication details
Instituty mezinárodního práva soukromého
| Title in English | Basic Question of Private International Law |
|---|---|
| Authors | |
| Year of publication | 2016 |
| Type | Monograph |
| MU Faculty or unit | |
| Citation | |
| Attached files | |
| Description | The monograph is focused on two areas of problems. The first one is an overall approach to the Czech conflict-of-laws. Especially at the intersection of the principles of flexibility and rigidity in the approach to application of conflictof- laws rules of the forum or rules stated in the act (see the escape clause). The tension between flexibility and rigidity manifests also in concept and formulation of connecting factors. Another discussed issue is a reflection of the interests of material law in the conflict-of-laws rules. Concerning these issues there was noted a fundamental shift in comparison to the previous act (Act 1963). Another topic of the monograph was a conception of the so-called general part of conflict-of-laws. We focused on the issue of characterization, renvoi, preliminary question, adaptation, evasion of the law and simulation, public policy including application of internationaly mandatory rules, procedural treatment of the conflict-of-laws and substantive law and finally the question of possible reference of conflict-of-laws rules to non-state law. Most of them resulted either in a new legislative approach or a change in the current concept as was stated in the former Act 1963. |