K rekodifikaci mezinárodního práva soukromého

This study presents the author’s ideas and suggestions concerning the regulation of private international law and the law of international procedure in a new Act to be prepared. As the Act of 1963, now in force, the new Act shall contain the conflict rules and the rules of the law of international procedure. It shall be a complete codification concentrating in one Act the largest number as possible of the rules of private international law including the rules now contained in other Acts. Contrary to the system of the Act of 1963, now in force, another system of the Act is recommended. In the general part of the Act the general rules of the law of international procedure shall precede the general rules of the law of conflict of laws. In the part of the Act containing the rules for particular categories of private-law relations the rules regulating the jurisdiction of Czech tribunals shall precede the conflict rules for the respective category of relations. These conflict rules can be, when a special regulation is needed, followed by the provisions concerning the recognition and enforcement of foreign decisions in the respective category of cases. The regulation of some questions till now not regulated in the Act of 1963, now in force, is proposed. The study recommends the formulations concerning the application of the so-called mandatory rules (lois d’application immediate), the solution of the problem of classification, a new formulation of the solution of renvoi and transmission, the solution of preliminary questions. In the part containing rules for particular categories of private-law relations, in some cases the reconsideration of some connecting factors is mentioned, e.g., for the establishment and extinction of rights in rem concerning the movables transferred on the base of a contract, in some cases of relations of family law, of the law of succession. The differentiation of connecting factors for particular categories of compensation for damage is also recommended. It is also recommended to insert the regulation of the bankruptcy cases with international element and a special part dealing with the arbitration procedure in international relations and the recognition and enforcement of foreign arbitral awards. The new Act shall accept the solutions of the Convention of Rome on the Law Applicable to Contractual Obligations.