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UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS, THEIR FORMATION, CURRENT WORKS ON THE THIRD EDITION AND POSSIBILITIES OF THEIR USE IN PRACTICE (Zasady UNIDROIT medzinarodnych obchodnych zmluv...a moznosti ich aplikacie v praxi)

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Durechova J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2008
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vol. 91
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issue 4
302-316
EN
AFormation of the first edition of UNIDROIT Principles of International Commercial Contracts (hereinafter referred to as the 'Principles'). Preparation of the second edition and current works on the third edition of the UNIDROIT Principles. Amendments and complements in the text of the Principles. The scope of application of the Principles. Possibilities of the use of the UNIDROIT Principles in practice analyzed in six parts: 1.- Use of the Principles when the parties have agreed that their contract be governed by them. Reference to mandatory rules applicable in accordance with the provisions of private international law. 2.- Use of the Principles when the parties have agreed that their contract be governed by general principles of law, the lex mercatoria or the like. 3.- Use of the Principles when the parties have not chosen any law to govern their contract. 4.- Use of the Principles to interpret or supplement international uniform law instruments and domestic law. 5.- Use of the Principles to serve as a model for national and international legislators. 6.- Other possible uses of the Principles for international trade. Ways of monitoring of the use of the Principles in practice. Question of application of the Principles in the Slovak Republic.
2

ROLE OF THE EUROPEAN COURT OF JUSTICE IN THE PROCESS OF FORMATION OF LAW OF EUROPEAN COMMUNITY/EUROPEAN UNION (Postavenie Sudneho dvora v procese dotvarania prava Europskych spolocenstiev/Europskej unie)

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Durechova J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2009
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vol. 92
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issue 1
29-40
EN
Particular ways of interpretation of law applied by the European Court of Justice (hereinafter referred to as 'ECJ'). Role of the ECJ in filling of the 'gaps' of European law. Judgments of the ECJ and its position and significance in the process of formation of law. Basic principles formed by the ECJ. (Un)binding judgments of the ECJ. Role of the preliminary questions and opinions of the ECJ in formation of law. Analysis of Lugano Opinion. Conclusion dealing with the significance of judgments, preliminary questions and opinions of ECJ in the process of formation of European law. Question of acceptable bounds of extensive interpretation and jurisdiction of ECJ.
3

PRINCIPLES OF THE EUROPEAN CONTRACT LAW - THEIR LEGAL NATURE AND POSSIBILITIES OF THEIR USE IN PRACTICE (Principy europskeho zmluvneho prava - pravna povaha a moznosti ich aplikacie)

51%
Novotna M., Jurcova M., Durechova J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2010
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vol. 93
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issue 6
531-541
EN
The purpose of this paper is to give complex and detailed overview on the application of the Principles of European Private Law (hereafter only 'PECL'). At the beginning the article describes in detail the formation of PECL in context with other initiatives aiming to create parts of European private law, and introduces the content of its three parts. The core of the contribution focuses on legal nature and possibilities of their use in practice. Taking into consideration the PECL do not have binding legal nature, the question arises whether they can be perceived as 'law' or the source of law. In this regard, two different views have occurred. First, traditional positivist view, claims that the PECL can not serve as the source of law because they lack the state authority, whereas the state is the only legal body entitled to create binding legal rules. Second, more liberal view supported mainly by professor Jansen, argues that the party autonomy is the core of any contract law and the state is not the only authority empowered to create the rules of law. Because the PECL have a facultative character, that can be used when chosen by the parties in two different ways; fist, as a material choice of law, and second, as a collision choice of law. The authors analyse this issue in connection with the Slovak Act No. 97/1963 Coll. on international private and procedural law, and also in the light of the new Regulation No. 593/2008 of the European Parliament and of Council of 17 June 2008 on the law applicable to contractual obligations. It analyses its articles and problematic formulation of the preamble. In the final part of the contribution the authors deal with limitations of the application of PECL contained in its article 1:103 requiring observance of mandatory rules, thereby concluding the complex analysis on the use of PECL in practice.
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