Private International Law in the Czech Republic: Tradition, New Experience and Prohibition of Discrimination of Grounds of Nationality

Monika Pauknerova

Charles University, Prague

JPrivIntL Vol 4 Issue 1 (April 2008)

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Abstract

The outstanding features of Private International Law are its autonomy and neutrality, which create suitable conditions for uniform regulation. Their functioning is illustrated by the Private International Law Act in Czech Republic, including the impact of Community law upon Czech Private International Law in some comparative aspects. Particular attention is paid to the prohibition of discrimination on grounds of nationality, which is treated from various viewpoints. Nationality is considered to be one of the still important connecting factors which plays an important role even in some recently passed or currently drafted legislation in continental law. The article finally focuses on how Community law, particularly through ECJ case-law, can influence Czech law. One recent case concerning the validity of an Italian – Italian/Czech marriage considered by Czech authorities is discussed, its peculiarity consisting of a combination of, or even a conflict between, various rules in Czech national law, Private International Law, Public International Law and Community Law.

Keywords

Czech Republic, prohibition of discrimination, nationality connecting factor, limping marriage, mutual recognition, primacy of Community law