Publication details

Overriding Mandatory Rules according to the Draft New Czech Act on Private International Law

Title in English Overriding Mandatory Rulesaccording to the Draft New Czech Act on Private International Law
Authors

ROZEHNALOVÁ Naděžda VALDHANS Jiří

Type Chapter of a book
MU Faculty or unit

Faculty of Law

Citation
Description The present article aims to introduce the provisions related to overriding mandatory rules, contained in the draft Czech Act on Private International Law. The draft has been approved at the level of experts and the Ministry of Justice. Currently, it is ready for the legislative procedure. The result of this procedure also depends on whether or not the draft new Civil Code is adopted. Analysis of the contents of the draft in the part providing for overriding mandatory rules will enable us to emphasize the conformity with or differences from the European provisions contained in the Rome I and Rome II Regulations. It also opens the question of whether or not effect may be given to the Czech rules, apart from the European rules, in cases where the Regulations do not expressly provide for treatment of these rules.
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