The choice of the jurisdiction in relations under the private law containing an international element Cover Image

Volba sudiště v soukromoprávních vztazích s mezinárodním prvkem
The choice of the jurisdiction in relations under the private law containing an international element

Author(s): Zdeněk Kapitán
Subject(s): International Law
Published by: Masarykova univerzita nakladatelství
Keywords: jurisdiction;private law;international element;Prorogation;choice of court;

Summary/Abstract: Prorogation is generally understood as an agreement of the parties that their dispute will be resolved by a certain court, therefore it is also possible to find the designation of this legal act equivalent to the choice of court. This general definition tends to have different content depending on which legal system fulfills it, and whether it is used at the national level or at the international level. In particular, legal practice has been dealing with the problem of the content of the so-called procedural regime clauses, which contain prorogation, for quite some time. In the conditions of Czech law, the regulation of prorogation can be found in three provisions - in § 89a OSŘ and § 37 paras. 2 and 3 MPSaP. Although the scope of this adjustment is brief, it creates a number of interpretive difficulties.

  • Issue Year: 12/2004
  • Issue No: 1
  • Page Range: 18-26
  • Page Count: 9
  • Language: Czech