Magdalena Pfeiffer | Charles University, Prague (original) (raw)

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Papers by Magdalena Pfeiffer

Edward Elgar Publishing eBooks, Jun 18, 2024

Social Science Research Network, 2015

SSRN Electronic Journal, 2015

Tato disertační práce se zabývá jedním z nejvýznamnějších pojmů současného mezinárodního práva so... more Tato disertační práce se zabývá jedním z nejvýznamnějších pojmů současného mezinárodního práva soukromého - pojmem obvyklého pobytu. Jedná se o pojem, který byl do mezinárodního práva soukromého uveden v rámci unifikační činnosti Haagské konference mezinárodního práva soukromého jako určitý kompromis mezi tradičními hraničními určovateli domicilem, dominujícím v oblasti common law, a státní příslušností, která je naopak historicky úzce spjata s kontinentálními právními řády. Díky dlouholeté systematické unifikační činnosti Haagské konference mezinárodního práva soukromého získal hraniční určovatel obvyklého pobytu v mezinárodním právu soukromém své trvalé místo. Pojem obvyklého pobytu se velmi razantně prosadil i v rychle se rozvíjejícím evropském mezinárodním právu soukromém. Evropská unie navázala na Haagskou konferenci mezinárodního práva soukromého a obvyklý pobyt je dnes zcela centrálním, nejčastěji využívaným hraničním určovatelem v unifikovaných kolizních normách, které určuj...

Journal of Private International Law, 2014

Private international law continues to change rapidly. It is experiencing a boom, especially with... more Private international law continues to change rapidly. It is experiencing a boom, especially within the European Union. These signifi cant changes and developments in recent years logically raise questions about the future of national private international law legislation in individual EU Member States. At fi rst glance, it may seem that the national private international law legislation is losing its importance and is being overshadowed by numerous other EU regulations. On the other hand, we are still witnessing the adoption of new national private international law acts by some Member States, such as Poland,1 the Netherlands2 and the Czech Republic, though in each of these countries the history of the codifi cation process and its roots differ. Some might consider adoption of new private international law acts redundant and therefore surprising. This article attempts not only to analyse the new Czech Act on Private International Law3 (hereinafter the “2012 PIL Act”), its starting points, structure and content, but also to refl ect on the future perspectives of national private international law legislation within the European Union. The core question is: does it still make sense to adopt new national private international

Journal of Private International Law, 2016

The paper examines legal certainty and predictability in the context of the youngest field of EU ... more The paper examines legal certainty and predictability in the context of the youngest field of EU private international law–succession law. The author looks at the extent to which the provisions of the EU Succession Regulation provide for legal certainty and predictability in enabling EU citizens to plan their international estates in advance. The paper critically examines selected concepts of the EU Regulation from the perspective of legal certainty: (a) the current state of the concept of habitual residence of the deceased that is the key connecting factor in the Succession Regulation, (b) party autonomy for the testator, (c) escape clauses, (d) the conflict of laws treatment of incidental questions and (e) lifetime gifts and clawback. The conclusion of the paper is that although the Succession Regulation is designed to offer legal certainty, it does not achieve it in all cases, unless the testator actively exercises the party autonomy that it offers.

The Lawyer Quarterly, 2015

The implementation of the Directive 2008/52/EC on certain aspects of mediation in civil and comme... more The implementation of the Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters has triggered interest in the concept of mediation in the Czech Republic that has no long tradition of mediation in civil and commercial disputes to build on. Since the adoption of Mediation Act in 2012, apart from arbitration, mediation is the only form of ADR that is regulated by special legislation; however the Mediation Act regulates exclusively mediation carried out by mediators that are registered with the Czech Ministry of Justice. Mediation is voluntary; if considered efficient and adequate, it is at the discretion of the court to order the parties to meet with a mediator for a three-hour informative session. Pursuant to the Mediation Act mediation commences upon the execution of Mediation Agreement and if successful, it results in the conclusion of Mediation Accord expressing the will of all the parties that are ready to voluntarily fulfil their obligations thereof...

AUC IURIDICA

The article deals with the conditions under which Czech courts recognise and enforce judgments re... more The article deals with the conditions under which Czech courts recognise and enforce judgments rendered in commercial matters by courts outside of the EU. The relevant rules on recognition and enforcement are contained in both the Czech Act on Private International Law and in a number of international treaties binding for the Czech Republic. The authors analyse in detail the Czech national rules with particular emphasis on grounds for non-recognition and on the enforcement procedure, including relevant national case-law. As the Czech Republic is bound by a significant number of bilateral treaties on legal assistance that contain relevant provisions, the authors also bring a brief overview of the rules therein.

The Lawyer Quarterly, 2012

This article shows that the traditional institutional mandatory approach to family and succession... more This article shows that the traditional institutional mandatory approach to family and succession law in recent years there have been developments towards the admission of choice of law in these fields of private international law and that the choice of law performed by parties has a very important role to play. It analyzes the admission of choice of law in conflict-of-law rules in the respective Czech legislation and EU regulations, concluding that the scope for choosing applicable law in the EU instruments is rather limited, however that it grants parties an option to designate the law that they feel most connected to and comfortable with and balances the lack of uniform approach to conflict-of-law rules across the EU regulations in the field of international family law.

Ius Comparatum - Global Studies in Comparative Law, 2015

This chapter offers a general overview of legislation on mediation in the Czech Republic. The imp... more This chapter offers a general overview of legislation on mediation in the Czech Republic. The implementation of Directive 2008/52/EC of the European Parliament and Council on the 21st of May 2008 on certain aspects of mediation in civil and commercial matters has triggered interest in the concept of mediation in the Czech Republic that has no long tradition of mediation in civil and commercial disputes to build on. Since the adoption of Mediation Act in 2012, apart from arbitration, mediation is the only form of ADR that is regulated by special legislation, however the Mediation Act regulates exclusively mediation carried out by mediators that are registered with the Czech Ministry of Justice. Mediation is voluntary, if considered efficient and adequate, it is at the discretion of the court to order the parties to meet with a mediator for a three-hour informative session. Pursuant to the Mediation Act mediation commences upon the execution of Mediation Agreement and if successful, it results in the conclusion of Mediation Accord expressing the will of all the parties that are ready to voluntarily perform their duties under this Accord. Under the Czech Mediation Act, Mediation Accords are not directly enforceable.