The Czech 2012 Codification of the Private International Law The Czech 2012 Codification of the Private International Law The Czech 2012 Codification of the Private International Law The Czech 2012 Codification of the Private International Law The Czech 2012 Codification of the Private International Law The Czech 2012 Codification of the Private International Law
Abstract
The authors avail themselves of the opportunity to present the new Czech private international law rules in a broader context and therefore, in the introductory part of the article, they provide an historical overview of the evolution of codifications of private international law rules starting with the first efforts to codify the PIL rules before the First World War within the Austro-Hungarian monarchy under the participation of the leading Czech and Polish professors, then describing the background and philosophy of the two first codifications - the acts on private international law from 1948 and 1963 - and finally, the process of drafting of the PILA as a part of the new Czech private law. PILA follows the tradition of fusion of conflict of law rules with the rules on jurisdiction in a sole act, however changes the internal structure of the act.
The aim of the authors is to provide readers with brief but comprehensive information of the provisions of PILA. The structure of the article follows the structure of the PILA.
The first part deals with the scope of the act, relationship with EU law and international treaties and a part of general provisions of private international law (imperative rules, public policy, abuse of law); the second part with general rules on procedure and recognition and enforcement of foreign judgments; the third part sets general rules on conflict of laws. The fourth part contents special rules for different matters (legal capacity of natural persons and legal entities, legal acts, family law, registered partnership, rights in rem, succession law, obligations).
The fifth part provides general rules on judicial cooperation, the sixth part rules on insolvency, the second part on arbitration, including the recognition and enforcement of foreign arbitration awards. The eighth and ninth parts set transitional and final provisions and the entry into force.
In the framework of individual parts, the authors highlight also relevant direct applicable EU regulations and international treaties.