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1

THE PRINCIPLE OF UNIFORMITY OF THE CONTRACT APPLICABLE LAW UNDER THE ROME CONVENTION ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS

100%
Wojewoda M.
Kwartalnik Prawa Prywatnego
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2008
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vol. 17
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issue 3
659-682
EN
The law applicable to contractual obligations under the Rome Convention of 1980 may be designated by the parties or, in the absence of choice, it will be indicated by objective connecting factors. In either case, generally only one legal system will be found applicable to the whole contractual relationship which, in consequence, will be uniformly governed by that one law. While explaining and underlining the significance of the above principle, the author presents certain exceptions thereto. The Convention envisages some instances when – due to various reasons – more than one law plays a role in regulating the contract. Among several legal institutions which may be treated as such exceptions are: splitting of applicable law (depéçage), intervention of mandatory rules, ordre public clause, and the special conflict rules of art. 8.2 and art. 10.2 of the Convention.
2

ACTIO PRO SOCIO S CUDZÍM PRVKOM

75%
Gregová Širicová Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2014
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vol. 97
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issue 4
361 – 376
EN
The paper deals with the analysis of derivative action (actio for socio) with a foreign element. Determination of jurisdiction and the law applicable to the actio pro socio is not a priori clear. As for jurisdiction, the problem seems to be a distinction between contractual and non-contractual claims, which is a key moment for the assessment of the so called special jurisdiction according to Brussels I Regulation. Regarding the applicable law, it was necessary to distinguish the law applicable for the instrument (derivative action) and for the claim that it is enforced through this instrument. When determining the law applicable to the tool, it was observed that the derivative action causes qualifying problem with regard to possible assessment of the tool as a procedural. It was argued that some aspects of actio pro socio will be procedural in nature (court will therefore apply its domestic law, e.g. the costs), other aspects are more likely substantive in nature (the court has to apply the conflict rules, e.g. subject entitled to file actio pro socio, possible defendants and pursued claims). In the next step (determination of the applicable law) we argued that the relevant questions are excluded from the scope of the European conflict rules (Regulation Rome I and Rome II). In the absence of unified conflict rules, the European court must resort to the domestic rules. In case the jurisdiction of Slovak courts would be established, it is necessary to analyse the Slovak national conflict rules. The Slovak court will apply the law of the state where the legal person was incorporated (both for the substantive aspects of the actio pro socio and for the claim that is enforced through it).
3

VYBRANÉ OTÁZKY PRÁVNEJ OCHRANY ZRANITEĽNÝCH DOSPELÝCH PROSTRIEDKAMI MEDZINÁRODNÉHO PRÁVA SÚKROMNÉHO – ZÁKON O MEDZINÁRODNOM PRÁVE SÚKROMNOM A PROCESNOM

75%
Ďuriš M., Burdová K.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2012
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vol. 95
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issue 2
164 – 172
EN
The article deals with the legal regulation of Slovak courts jurisdiction, applicable law and recognition of foreign decisions in matters of restriction or deprivation of legal capacity and guardianship in the Slovak Act on private international and procedural law. Particular attention is paid to recent changes in legislation and their consequences for Slovak nationals with habitual residence abroad.
4

REŽIM EURÓPSKEHO INŠTITÚTU PRE TELEKOMUNIKAČNÉ NORMY – ETSI: ZÁSADY, ROZHODNÉ PRÁVO A ÚČINOK ETSI VOČI PREDLOŽENÝM VYHLÁSENIAM

63%
Straus 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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2013
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vol. 96
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issue 6
543 – 566
EN
The European Telecommunications Standards Institute (ETSI) was founded upon an initiative on the EU-Commission with the aim of drafting European telecommunication standards in order to secure the interoperability, to advance the competition on the merits between technologies of different companies, and to serve the consumer’s welfare. The legal framework of ETSI, which is composed of ETSI Statutes, ETSI Directives, including ETSI Rules of Procedure and ETSI Intellectual Property Rights Policy, is governed by French law. ETSI standards constitute the European norms and remain accessible to all companies also in case they fall within the scope of protection of one or more patents. ETSI organs have ensure, if necessary assisted by the EU-Commission, that technologies which are covered by patents can become standards only if their proprietors irrevocably declare that they are prepared to irrevocably license their standard essential patents under fair, reasonable and non-discriminatory terms and conditions. In case a declaration according to Clause 6.1 of ETSI IPR Policy is refused, ETSI has to undertake all the measures which are necessary to prevent that the respective patented technology will become or remain a standard. The acceptance, which is only necessary to effectuate the contract effects, and which has to be expressed towards the promisor, also does not need any specific form and can even be implied or tacit. From the point in time of the acceptance by the third beneficiary, the contract can only be revoked by consent of all parties. A final agreement (mutual consent) as regards the price, i.e. license royalty, is no precondition for the coming into being of the license contract. In case of dispute the fixing and the assessment of the reasonableness of the price is a matter for courts. It should be added that a subsequent assignment of the standard essential patent(s) at issue to third parties does not affect the license concluded under the FRAND conditions. Only that way it can be secured that ETSI standards remain accessible under non-discriminatory and reasonable conditions fixed in a dispute by courts. The latter being an important pre-condition for the interoperability and competition on the merits between technologies of different companies to the well-being of consumers.
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