Treatment of Foreign Law: Dynamics Towards Convergence?

0479620 - ÚSP 2018 RIV CH eng M - Monography Chapter
Pauknerová, Monika
Czech Republic – Treatment of Foreign Law in the Czech Republic.
Treatment of Foreign Law: Dynamics Towards Convergence? Cham: Springer, 2017 - (Nishitani, Y.), s. 113-129. Ius Comparatum - Global Studies in Comparative Law, 26. ISBN 978-3-319-56572-9
Institutional support: RVO:68378122
Keywords : foreign law * conflict of law rules * private international law * EU regulation
OECD category: Law

Czech national report introduces the modern Czech legislation favouring application and treatment of foreign law in Czech courts and non-judicial authorities. Further, the author compares the position of the Hague Conference, European Commission and European Group for Private International Law towards the treatment of foreign law, in particular under the viewpoint of seeking feasible methods to facilitate access to foreign law. The author is personally rather sceptical of states’ willingness to be subjected to unifying tendencies, regardless of how limited they may be and even if only aimed at simplification of access to their law. However, the requirement to apply foreign law corresponds with a classical concept of equality of legal orders which should be respected by all of us.
Permanent Link: http://hdl.handle.net/11104/0275596