The course focuses on regulation of business transaction with cross-border element in private international law (PIL). It includes lectures on general rules of private international law, sources of PIL and rules of their application from the perspective of the Czech Republic as one of the Member States of the European Union. Lectures will be focused mainly on the European PIL (Rome I, Rome II, Brussels I bis Regulations, Insolvency Regulation) and relevant case-law of the European Court of Justice. The main part of the course focuses on special provisions of the private international law relevant for business activities and commercial transactions such as provisions on law applicable to status of natural persons and companies, contractual and non-contractual obligations, particularly in relation to contracts most commonly used and torts most commonly occurring in international business activities. Finally, the course includes lectures on procedural aspects of cross-border commercial transactions, i.e., rules on jurisdiction of courts and main principles of alternative disputes resolution methods.
Students will learn to apply the rules of private international law in the most common commercial relationships, in particular to determine which law governs a particular relationship, where it can be sued and whether a decision will be recognised and enforced in other countries. In addition, students will also learn about international commercial arbitration in basic terms.
Poslední úprava: Šicnerová Barbora, Mgr. (08.04.2025)
The course focuses on regulation of business transaction with cross-border element in private international law (PIL). It includes lectures on general rules of private international law, sources of PIL and rules of their application from the perspective of the Czech Republic as one of the Member States of the European Union. Lectures will be focused mainly on the European PIL (Rome I, Rome II, Brussels I bis Regulations, Insolvency Regulation) and relevant case-law of the European Court of Justice. The main part of the course focuses on special provisions of the private international law relevant for business activities and commercial transactions such as provisions on law applicable to status of natural persons and companies, contractual and non-contractual obligations, particularly in relation to contracts most commonly used and torts most commonly occurring in international business activities. Finally, the course includes lectures on procedural aspects of cross-border commercial transactions, i.e., rules on jurisdiction of courts and main principles of alternative disputes resolution methods.
Students will learn to apply the rules of private international law in the most common commercial relationships, in particular to determine which law governs a particular relationship, where it can be sued and whether a decision will be recognised and enforced in other countries. In addition, students will also learn about international commercial arbitration in basic terms.
Poslední úprava: Šicnerová Barbora, Mgr. (08.04.2025)
Požadavky ke zkoušce -
The subject is comleted with a written exam in the form of a test, where students will be given a set of 12 questions (one question for each topic listed in the syllabus), from which students chose 6 questions, the choice of which questions to answer is entirely up to the student. The questions will be given either as questions on the theory of the topic or as a brief case study. The total time allotted for the written examination is 90 minutes. The answer to each question will be scored between 0 and 2 points. The maximum number of points is therefore 12.
The student will be graded:
12-11 points = 1
10-8 points = 2
7-6 points = 3
5-0 points = 4
For the test, the basic legislation in English can be used.
Poslední úprava: Šicnerová Barbora, Mgr. (08.04.2025)
The subject is comleted with a written exam in the form of a test, where students will be given a set of 12 questions (one question for each topic listed in the syllabus), from which students chose 6 questions, the choice of which questions to answer is entirely up to the student. The questions will be given either as questions on the theory of the topic or as a brief case study. The total time allotted for the written examination is 90 minutes. The answer to each question will be scored between 0 and 2 points. The maximum number of points is therefore 12.
The student will be graded:
12-11 points = 1
10-8 points = 2
7-6 points = 3
5-0 points = 4
For the test, the basic legislation in English can be used.
Poslední úprava: Šicnerová Barbora, Mgr. (08.04.2025)
Sylabus -
The course covers primarily the following topics:
Private International Law – General introduction
General part of Private International Law
Persons in European Private International Law
Obligations in European Private International Law
Law applicable to contractual obligations in European Private International Law
Law applicable to non-contractual obligations in European Private International Law
Jurisdiction in commercial matters in European Private International Law
Choice of law and choice of court in commercial contracts
Recognition and enforcement of foreign judgments in commercial matters
International sales contracts, CISG
International commercial contracts
International commercial arbitration
Poslední úprava: Šicnerová Barbora, Mgr. (28.08.2025)
The course covers primarily the following topics:
Private International Law – General introduction
General part of Private International Law
Persons in European Private International Law
Obligations in European Private International Law
Law applicable to contractual obligations in European Private International Law
Law applicable to non-contractual obligations in European Private International Law
Jurisdiction in commercial matters in European Private International Law
Choice of law and choice of court in commercial contracts
Recognition and enforcement of foreign judgments in commercial matters
International sales contracts, CISG
International commercial contracts
International commercial arbitration
Poslední úprava: Šicnerová Barbora, Mgr. (28.08.2025)
Studijní opory -
Basic literature:
Bogdan, M., Pertegás Sender, M. Concise Introduction to EU Private International Law, Fourth Edition, Europa Law Publishing, Groningen 2019
Other literature:
1. Pauknerová, M., Pfeiffer M., Private International Law in the Czech Republic (PIL) in: International Encyclopaedia of Laws, Wolters Kluwer, 2019 Kluwer Law International, The Hague (in library)
2. Pauknerová, M. Czech Republic: Proof and Information on Foreign Law, The Lawyer Quarterly. 4/2015, p. 246-260
3. Brodec, J. Applicable law in international insolvency proceedings (focused on the relation of Articles 3 and 7 of the Insolvency Regulation). Acta Universitatis Carolinae Iuridica, 2020, č. 4, s. 131-142
Basic legislation (always in wording in force and effect as on the date of examination):
1. Treaty on the Functioning of the European Union
2. Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)
3. Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)
4. Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)
5. Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast)
6. Hague Convention of 30 June 2005 on Choice of Court Agreements
7. Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters
8. United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) (CISG)
Other legal regulations (always in wording in force and effect as on the date of examination):
Act No. 91/2012 Sb. (Czech Republic), on Private International Law
Poslední úprava: Šicnerová Barbora, Mgr. (28.08.2025)
Basic literature:
Bogdan, M., Pertegás Sender, M. Concise Introduction to EU Private International Law, Fourth Edition, Europa Law Publishing, Groningen 2019
Other literature:
1. Pauknerová, M., Pfeiffer M., Private International Law in the Czech Republic (PIL) in: International Encyclopaedia of Laws, Wolters Kluwer, 2019 Kluwer Law International, The Hague (in library)
2. Pauknerová, M. Czech Republic: Proof and Information on Foreign Law, The Lawyer Quarterly. 4/2015, p. 246-260
3. Brodec, J. Applicable law in international insolvency proceedings (focused on the relation of Articles 3 and 7 of the Insolvency Regulation). Acta Universitatis Carolinae Iuridica, 2020, č. 4, s. 131-142
Basic legislation (always in wording in force and effect as on the date of examination):
1. Treaty on the Functioning of the European Union
2. Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)
3. Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)
4. Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)
5. Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast)
6. Hague Convention of 30 June 2005 on Choice of Court Agreements
7. Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters
8. United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) (CISG)
Other legal regulations (always in wording in force and effect as on the date of examination):
Act No. 91/2012 Sb. (Czech Republic), on Private International Law
Poslední úprava: Šicnerová Barbora, Mgr. (28.08.2025)
