Mandatory rules in international cases have traditionally formed one facet of the discourse on private international law, and have also long been the subject of
Czech theory on private international law. This essay first deals with the definition and scope of both internal and overriding mandatory rules and the recent transformation thereof, particularly within European law, and especially in light of Czech law and Czech legal theory. Attention has been paid to the overriding mandatory rules included in the draft of the new Czech PIL Act of 2009, as well as to the Czech case law on overriding mandatory rules, which carry some interesting conclusions and more or less confirm the general trends.
Overriding mandatory rules
Private international law
Rome Convention
Rome I Regulation
Rome II Regulation
Czech Private International Law Act
Prof. JUDr. Monika Pauknerová, CSc., DSc., is professor of Private International Law and International Commercial Law at the Faculty of Law, Charles University in Prague, and at the Faculty of Law, University of West Bohemia, Pilsen, and researcher at the Institute of State and Law, v.v.vi., Academy of Sciences of the Czech Republic. She is a member of the European Group for Private International Law and of the International Academy of Comparative Law (IACL); president of the Czech National Committee of the IACL, etc.; an arbitrator since 1985 and author of more than 140 publications.
e-mail: pauknero@prf.cuni.cz
