Publication details
Intersections and Passing - Consideration about application of conflict-of-law rules, uniform law rules
| Authors | |
|---|---|
| Year of publication | 2008 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro právní vědu a praxi |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | european justice area in civil matters - private international law |
| Description | The objective of the paper is to point out to existence of individual groups of rules and methods of regulating the monitored relationships, their mutual relations, namely in relation to what applies before the courts in the Czech Republic. In consideration of the different theoretical starting points in arbitration, we shall put these issues aside.3 The expression monitored groups of rules shall mean: - conflict-of-law rules as rules determining law in private legal relationships with an international element, - uniform law, i.e. uniform substantive legal rules directly regulating rights and obligations of the parties, - the lex mercatoria4 as the law of international merchants, which differs from the two foregoing groups by its origin. It is not based on legislative activities of a state or states. These rules come into existence either spontaneously, in practice, or they represent a result of activity of entities other than the state (ICC in Paris, business unions, academic activities). It is considered to include also rules, which are indeed created by international organizations but are not included in an international treaty (UNIDROIT Principles of International Contracts). |
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