DAF4CF04 International private law incl. cross-border transfers, Comparative Property Law

Faculty of Law
Spring 2025
Extent and Intensity
0/0/0. 8 credit(s). Type of Completion: k (colloquium).
In-person direct teaching
Teacher(s)
doc. JUDr. Kristián Csach, Ph.D., LL.M. (lecturer)
doc. JUDr. Bohumil Havel, Ph.D. (lecturer)
JUDr. Vlastimil Pihera, Ph.D. (lecturer)
prof. Corrado Malberti (lecturer), prof. JUDr. Kateřina Ronovská, Ph.D. (deputy)
prof. JUDr. Kateřina Ronovská, Ph.D. (lecturer), prof. JUDr. Kateřina Ronovská, Ph.D. (deputy)
Prof. Gerhard Saria (lecturer), prof. JUDr. Kateřina Ronovská, Ph.D. (deputy)
Prof. Wino van Veen (lecturer), prof. JUDr. Kateřina Ronovská, Ph.D. (deputy)
Prof. Dr. Martin Schauer (lecturer)
doc. JUDr. Filip Melzer, LL.M., Ph.D. (lecturer)
Mgr. Bc. Luboš Brim, Ph.D. (seminar tutor)
Guaranteed by
doc. JUDr. Kristián Csach, Ph.D., LL.M.
Contact Person: prof. JUDr. Kateřina Ronovská, Ph.D.
Prerequisites
The general requirement for enrollment to this course is advanced knowledge of legal English incl. specific terminology of Corporate, Foundation and Trust law. The course is only offered to the students of the study fields (comparative corporate, foundation and trust law) and the courses directly associated with.
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 10 student(s).
Current registration and enrolment status: enrolled: 0/10, only registered: 0/10
fields of study / plans the course is directly associated with
Course objectives
Throughout the course, the goal is to provide students with the broadest possible background in cross-border transfers in corporate, foundation and trust law. The case study of estate planning via such mechanisms shall help to identify the practical importance and possibilities. The course content covers various cross-border transfers in corporate, foundation and trust law. It sums up the knowledge of students in the field of private international law and focuses on the intentional shaping of cross-border transactions in the mentioned field, including the cross-border mobility of the entities/institutes. The students will be made familiar with the functioning of the choice of law and forum shopping respectively. The comparative method and the correct interpretation of various national or autonomous legal systems shall be brought into the participants´ attention. Different contractual and property law regimes that are meant to shape the cross-border transfers in the mentioned areas and cross-border contractual arrangement as a method of governance of corporations, foundations, and trusts shall be addressed too. Special attention will be paid to the methods of enforcing the rights of stakeholders affected by a cross-border transfer, and the relevant procedural aspects.
Learning outcomes
Students should achieve the following competencies in the course: Understand the importance and possibilities of forum shopping mechanisms, use of a comparative method in the construction of a legal vehicle and its use, protection of stakeholders and transnational mobility. Be able to make use of the comparative method in order to facilitate the choice of law and forum shopping in general. Understand the possibilities of shaping cross-border transactions in the field of corporate, foundation and trust law and estate planning thereby and to facilitate the use of contractual and/or property regimes in such scenarios. Process the selected topic on the basis of a study of literature and practical experience obtained during their study and to assess new findings and ideas with a view to their viability and effectiveness in the long-term. Be able to articulate their own findings in the field and present them to other members of the international scientific community, other legal professionals and the general public.
Syllabus
  • I. General principles of private international and procedural law, choice of law and comparative law, forum shopping, cross-border enforcement, and recognition II. Comparative property law (relevant and related) and forum shopping in property law, cross-border estate planning III. Comparative contract law (relevant and related) and forum shopping in contract law, cross-border contractual governance schemes IV. Cross-border mobility of corporations, foundations and trusts, cross-border reorganizations V. Protection of stakeholders in cross-border transfers
Literature
    recommended literature
  • Neil Hannan : Cross-Border Insolvency: The Enactment and Interpretation of the UNCITRAL Model Law. Springer , 2017.
  • Klaus J. Hopt, Thomas Von Hippel et al.: Comparative Corporate Governance of Non-Profit Organizations (International Corporate Law and Financial Market Regulation), Cambridge University Press, 2010.
  • Cheshire, North & Fawcett: Private International Law, Oxford University Press, 2017
  • Andreas M. Fleckner, Klaus J. Hopt et al.: Comparative Corporate Governance: A Functional and International Analysis (International Corporate Law and Financial Market Regulation), Cambridge University Press, 2013.
    not specified
  • Andreas Cahn, David C. Donald: Comparative Company Law: Text and Cases on the Laws Governing Corporations in Germany, the UK and the USA, 2nd Edition, Cambridge University Press, 2018.
Teaching methods
Group tutoring sessions Colloquial presentation of research results
Assessment methods
Targeted discussion about the recommended literature with focus on specific issues relevant to the doctoral thesis of the student
Language of instruction
English
Follow-Up Courses
Further Comments
Study Materials
The course is also listed under the following terms Spring 2020, Spring 2021, Spring 2022, Spring 2023, Spring 2024.
  • Enrolment Statistics (Spring 2025, recent)
  • Permalink: https://is.muni.cz/course/law/spring2025/DAF4CF04