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Payment order proceedings
Rozhdestvenskiy, Dmitry ; Sedláček, Miroslav (advisor) ; Winterová, Alena (referee)
Payment order proceedings Abstract This thesis aims to analyze in detail and subject to critical legal analysis the various types of payment order proceedings, compare domestic payment order proceedings proceedings with analogous legal institutes abroad and submit proposals de lege ferenda. The work is divided into six chapters. The first chapter is focused on a short historical excursion and an introduction to some foreign legal regulations of payment order proceedings. The second chapter is devoted to simple payment order proceedings. First, the very concept of payment order proceedings and payment orders is defined as a court decision in payment order proceedings. The discussion of jurisdiction has not gone unnoticed. Subsequently, the preconditions for issuing a payment order and the application for issuing a payment order are analyzed in detail. The following considerations are focused on the fee obligations in the payment order proceedings. The following talk focuses on the content of the payment order and its individual statements. The possibility of including a call in the sense of the provisions of § 118a OSŘ in the payment order will not be left without attention. As this is a substantive decision of the court, which is issued without the participation of the defendant, one of the conditions for...
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Comparison of the Czech and Russian trial proceeding costs regulation
Rozhdestvenskiy, Dmitry ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This diploma thesis aims to compare the Czech and Russian regulations of the costs of civil proceedings, to identify and compare the differences in favor of this or another legislation. The thesis is divided into three chapters. The first chapter is devoted to the costs of civil proceedings in the Czech courts. First of all, the concept of costs of proceedings and its function is defined. Then the individual types of costs of proceedings are analyzed according to its demonstrative list in § 137 of Act No. 99/1963 Coll., Code of Civil Procedure, as amended: expenses of participants and their representatives, including court fee, lost earnings, interpreting, evidence costs, compensation for value added tax, remuneration for representation and remuneration for the mediator. Subsequently, the principles of payment and reimbursement of costs of proceedings are discussed, taking into account the moderating right of the court and the decision on reimbursement of costs of proceedings. The second chapter focuses on the description of the legal regulation of costs in the Russian Federation. Like the first chapter, it deals with the concepts of costs of proceedings and related legal institutes in Russian law. In particular, it focuses on the description of the court fee, exemption from the court fee,...
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