Odmítnutí pravomoci soudu ve věcech občanských a obchodních: současné přístupy
| Title in English | Declining of a Court Jurisdiction in Civil and Commercial Matters: Contemporary Aproaches |
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| Authors | |
| Year of publication | 2007 |
| Type | Article in Proceedings |
| Conference | Debaty mladých právníků 2007 |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | declining jurisdiction lis pendens regulation Brussels I forum non-conveniense Hague Convention on Jurisdiction and Foreign Judgements in Civil and Commercial Matters |
| Description | This paper deals with concepts of declining jurisdiction in civil law and in common law, which are the most difficult points to reach a consensus in the proposed global Hague Convention on Jurisdiction and Foreign Judgements in Civil and Commercial Matters about. First, the civil law concept of lis pendens is introduced whereas the stipulations of the regulation Brussels I are pointed out. Second, the basic features of the American doctrine forum non-conveniens are desribed. Then, both concepts are shortly compared and evaluated. In the conclusion, it is suggested, that none of the mentioned concepts is ideal and that it would be useful to combine their positives in the drafted Hague Convention. |
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