Codification of Czech Private International Law: Methodology and Concept
Codification of Czech Private International Law: Methodology and Concept

Summary/Abstract: The new Czech Act on Private International Law, adopted under No 91/2012 Coll., entered into force on 1 January 2014. Contrary to the old Act on Private International Law (Act No 97/1963 Coll.), the new law regulates many general issues of private international law that were not covered by the former act. For example, the new PILA Act contains express provisions on overriding mandatory rules, preliminary question, qualification, procedural treatment of foreign applicable law etc. Obviously, the application of the new PILA Act is limited by the European (EU) legislation and international conventions. This paper is focused on the analysis of the methodology and the general approach to conflict-of-law rules as rules determining the applicable law. The paper also clarifies the procedural treatment of the applicable law and the application of the overriding mandatory rules under the new PILA.

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