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Remedies in civil procedure under Czech and Slovak legal order - comparative view
Majchrák, Tadeáš ; Macková, Alena (advisor) ; Frintová, Dita (referee)
Remedies in civil procedure under Czech and Slovak legal order - comparative view Abstract The aim of the rigorous thesis is to analyze and then compare the individual remedies of the finding procedure as the basic type of civil (judicial) process in the legal regulations of two separate states, the Czech Republic and the Slovak Republic, with particular emphasis on the differences of both orders and their same or similar features stemming from a shared legal, historical, cultural and social past, as well as from mutual inspiration and shared value attitudes. In the first part, dealing with general theoretical background and concepts, emphasis is placed on describing the civil process in both countries, especially in terms of its division into founding and executing procedures. The stage of the finding procedure is the remedy whereby the appeals court examines the correctness of the contested decision. Finding procedures can be differentiated into dispute and non-dispute proceedings. In regards to the parties involved in civil proceedings, they are the participants in civil law relations or the parties to the proceedings, in particular litigation and court. Apart from them, other persons, such as a prosecutor (public prosecutor), a lawyer, a notary or in the Czech Republic, the Office for Government...
Discharge of debts of the spouses
Šůsová, Táňa ; Macková, Alena (advisor) ; Frinta, Ondřej (referee) ; Havel, Bohumil (referee)
Discharge of debts of the spouses Abstract Discharge of debts represents, on principle, a new institute, which has been implemented into our law by the Insolvency Act with effect since 1. 1. 2008. However, the lawmakers have only implemented an expressed regulation of the joint discharge of debts of the spouses by the amendment with effect since 1. 1. 2014. In her paper, the authoress has been focused exclusively on the discharge of debts from the perspective of the spouses; therefore, not only the discharge of debts of the spouses as separate debtors but also the spouses as the community of debtors. In her paper, the authoress has been focused on the interpretation of the historical development of the joint discharge of debts of the spouses from the effect of the Insolvency Act, through its amendments up to the current wording thereof, including the illustrations in insolvency proceedings and judicial decisions. In several points, the prepared amendment to the Insolvency Act, which has been debated by the Chamber of Deputies of the Parliament of the Czech Republic, has also been mentioned in several points. In this paper, the authoress has outlined a brief introduction to the discharge of debts as a remedial form of the solution of the bankruptcy of the debtor. She has pointed out the development of the...
Public prosecutor's office in civil proceeding
Pavlásková, Zdeňka ; Macková, Alena (advisor) ; Elischer, David (referee) ; Winterová, Alena (referee)
This dissertation is divided into a general part (chapters 1 through 6) and a specific part (chapter 7). The general part contains chapters devoted to the historical development of public prosecution and the office of the public prosecutor with an emphasis on developments in civil proceedings, primarily after 1989. Further attention is dedicated to a current expert discussion of the constitutional position of the office of the public prosecutor within the system of state power. Explanations are also given for the independence and impartiality of the office of the public prosecutor in a qualitative comparison with the independence and impartiality of the courts. The following part of the dissertation focuses on a description of the framework of the office of the public prosecutor, including the new institution of the Institute of the European Public Prosecutor. The subsequent chapter is concerned with the organisation and staffing of the non-criminal division of the public prosecutor's office on all levels. This is followed by a chapter devoted to the legal sources amending and relating to the non-criminal activity of the office of the public prosecutor. A substantial part of the general part of this dissertation consists of a description of the role of the office of the public prosecutor in civil...
Arbitration proceeding in consumer disputes in the Czech Republic and in the Slovak Republic
Poláková, Petra ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Arbitration proceeding in consumer disputes in the Czech Republic and in the Slovak Republic Abstract This rigorous thesis deals with the arbitration proceeding in consumer disputes in the Czech Republic and in the Slovak Republic. The aim of this work is to give a comprehensive view of the special nature of arbitration proceeding with a focus on the protection of consumer rights, analyze and evaluate the legislation of this area in the Czech Republic (before excluding the arbitration proceeding in consumer disputes in the Czech Republic) and the Slovak Republic. The thesis consists of an introduction, five chapters and a conclusion. The introduction is followed by the first chapter, which defines the concept and legal nature of arbitration proceeding, describes in detail its basic principles, advantages, disadvantages and types of arbitration proceeding. Furthermore, this thesis deals with the definition of consumer and entrepreneur in both countries, the concept of consumer relations, the principles and reasons leading to consumer protection in arbitration proceeding and arbitration in terms of the Convention for the Protection of Human Rights and Fundamental Freedoms, the European Union, constitutional aspects of arbitration in The Czech Republic and the Consumer Protection Act in Act No. 89/2012 Coll.,...
Adoption Proceedings
Klimeš, Matěj ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Adoption Proceedings Abstract This thesis deals with the current legal regulation of adoption proceedings. Adoption proceedings are one of the non-contentious proceedings which are initiated on basis of motion and in which court decides on the personal status of the adoptee and adopter. The thesis is divided into 5 parts in which the procedural and substantive regulation of adoption is discussed with the aim to provide an explanation of adoption proceedings as the legal regulation of this institute does not fully respect the division of the law into substantive and procedural. After a brief introduction, the first part is devoted to the historical excursion in which I describe the basics of the adoption as set by the ancient Roman law. In the longest chapter of first part I focus on the interpretation of the development of adoption after the establishment of the Czechoslovak Republic and the change of the position of court in the process of adoption. The concept of adoption is defined in the second part of this thesis and after that I focus on international treaties and laws that govern adoption in the Czech legal order. In the third part I describe the prerequisites for adopting a minor as set by substantive law with an emphasis on regulation regarding consent to adoption and pre-adoption custody of the...
Reimbursement of costs in trial proceedings and enforcement proceedings
Černý, František ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Reimbursement of costs in trial proceedings and enforcement proceedings Abstract The aim of the thesis is to describe comprehensively the issue of reimbursement of costs in trial proceedings and enforcement proceedings. Sometimes, it is considered to be only a marginal part of the civil procedure, however the reimbursement of costs is certainly very important for both parties to a case. Reimbursement of costs of proceedings is a very interesting topic that has been undergoing turbulent development in recent years. The thesis is divided into an introduction, three main parts and a conclusion. The introduction focuses mainly on the definition of the objectives of the thesis and subsequently the interest of the general public in the issue of reimbursement of cost is analyzed. The first part provides the general description of the institute of costs of proceedings and defines the essential terms related to this issue. Subsequently, the types of costs of proceedings and legal regulation connected with them are examined. The second part of the thesis focuses on reimbursement of costs in trial proceedings. The initial chapter explicates general rules contained in the Civil Procedure Code, which are based mainly on the principle of success in the case and the principle of fault. All exceptions to these principles...
Discharge - resolving of insolvency of a debtor
Vodičková, Martina ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Discharge - resolving of insolvency of a debtor A discharge is, in addition to bankruptcy order and restructuring, one of the options for resolving of the insolvency or imminent bankruptcy of a debtor in insolvency proceedings. The discharge can be initiated only by proposal from debtor, but only certain person can this proposal write and submit (the lawyer, the notary, the executot, the insolvency administrator or the accredited person). If the debtor proves that his proposal has honest intent, and that he is able to pay at least 30 % of his claims to the creditors, then the court will grant the discharge from debts. The discharge can be done in three ways: the liquidation of the assets, the performance of the payment calendary for up to 5 years or a combination of these two methods. The debtor himself can show his preferred way in the proposal, but the final decision is on unsecured creditors. Only if the creditors do not agree on any of these ways, will the court decide. If the debtor performs his duties for the duration of the discharge, the court will decide on fulfillment of the discharge and exempts the debtor from paying the remaining parts of his claims. In the event of the performance of payment calendary, the debtor may be exempt from paying the remaining parts of his claims, even if he has not...
Expert and Expert Opinion in Civil Proceedings
Dörfl, Luboš ; Macková, Alena (advisor) ; Sedláček, Miroslav (referee) ; Rozehnal, Aleš (referee)
Expert and Expert Opinion in Civil Proceedings Abstract This thesis combines the topic of expert opinion as an important means of proof in civil court proceedings with wider issues of expertise. That means it also deals with the conditions for the proper performance of the expert activity with a focus on its outcome - expert opinion. Understanding these relationships in their contexts can play an important role in seeking good practice in the judicial proceeding, evaluating an expert opinion by a court or even being subject to de lege ferenda considerations in the area of regulatory and procedural rules. Since the correct and effective use of this means of proof has a direct impact on the speed and cost efficiency of court proceedings, the issue of optimal setting of expert activity is currently highly up- to-date. Therefore, this thesis focuses first on the issues related to the activity of judicial experts, its legal regulation and deals with the analysis of the requirements of the expert opinion and the correct course of the expert in its elaboration. The next part follows a brief introduction to the theory of proof and represents an expert opinion as a specific means of proof using in civil court proceedings, which requires a number of partial steps. The work focuses on the effects of proper activity of...
Cochem model in the application practice of Czech courts
Úlehlová, Simona ; Macková, Alena (advisor) ; Frintová, Dita (referee)
Cochem model in the application practice of Czech courts Abstract The presented diploma thesis titled "The Cochemic Model in the Application Practice of the Czech Courts" deals with the main principles of the Cochem model, which is based on the cooperation of the professions involved in the divorce proceedings, and which is currently being gradually introduced by some of the Czech courts. The aim of the thesis is to find out the results of the first application approaches, on the basis of which it would be possible to determine the possibilities of further application of the presented model within the framework of Czech guardianship procedures. The second goal of the diploma thesis is the complex elaboration of the topic in terms of substantive and procedural law and further clarification of the current legislative situation, including the reflection over de lege ferenda. First of all, the diploma thesis introduces the origin of the Cochem model, moreover, it also presents its first application in Germany in the first chapter. The second chapter focuses on the importance of application of the presented model and its benefits for the participants in the proceedings. Within the chapter there are also presented the possibilities of applying a different substantive basis of parental responsibility within the...
Arbitration proceeding in Czech and Slovak Republic
Bartoš, Martin ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Arbitration proceeding in Czech and Slovak Republic The topic of this thesis is arbitration proceeding in Czech and Slovak Republic. If the part of introduction and conclusion is not included, the thesis is divided into eight main chapters which are further systematically divided into other subchapters. In the first chapter dedicated to the concept and characteristics of arbitration the author focuses on sources and - with regard to the title of this work - the greatest attention is paid to the Contract concluded between Czech and Slovak Republic on legal cooperation. Furthermore the deal of this part is a relation between arbitration and civil proceeding and alternative dispute resolution. This chapter describes - among other issues - the types of arbitration, namely deals with the severance onto ad hoc and institutional arbitration, including comparison with Slovak law. In the following chapter the author deals with the advantages and disadvantages of arbitration but with the difference that he deals with these examples more broadly considering that individual attributes may not always be perceived in black and white, ie. it may not always be an advantage but should be viewed more comprehensively. Chapter Three is dedicated to arbitrability (both in Czech and Slovak legislation) as a key...

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3 MACKOVÁ, Alžběta
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9 Macková, Anna
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