|
|
Execution proceeding. Selected aspects of the position and activity of private Executors.
Nešpor Nováková, Hana ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
AND KEY WORDS Thesis focused on: Execution proceeding. Selected aspects of the position and activity of private Executors. Key words: Private Executor. Code of Execution. Actual problems of legal regulation of Private Executors. This thesis is devoted to the topic of private Executors. The Author focuses on selected aspects of status of private Executors and their execution activity, the interesting and current ones. The private Executor, natural person, has to meet legal requirements and be appointed by the Minister of Justice. The private Executor enforces that obligations, which have not been fulfilled voluntarily. This is an intervention to a person`s privacy, which makes them unpopular. In addition, public perceive of the Executors and debt collectors (not regulated by the Code of executions neither the Code of Civil procedure and often acting on the edge of the law), as the same institute. Therefore, a short chapter addresses the issue of this problematics. As well this chapter deals with Insolvency Administrators, because their status is commonly compared with status of Executors, and also there is comparison of their remunerations. The Executor can employ the executor`s apprentice and a candidate. These persons strive to be appointed to an executioner office pro futuro. Private Executor is...
|
|
|
Pre-action disclosure of information and evidence
Šindler, Matěj ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Pre-action disclosure of information and evidence Information asymmetry or information deficit is a phenomenon where a party to civil litigation is objectively unable to carry its burden of allegation or proof because the relevant information and evidence is completely beyond its reach and there is no way the party could have obtained it through its own activity. In such cases, there is a risk that, due to the party's information deficit, the party will not be able to seek effective judicial protection and will not be able to effectively enforce its subjective rights. Such a situation has negative consequences both for the affected party and for society as a whole, since the consistent exercise of subjective rights also provides protection to objective rights. For this reason, it is essential to address the problem of the information deficit, preferably even before litigation is initiated. The topic of overcoming the information deficit is becoming increasingly relevant, as increasingly complex legal relations between private law subjects entail more complex disputes over the law, which are often accompanied by information asymmetry between the parties to the dispute. This master's thesis explores the basis for overcoming the information deficit and the specific measures used to address this...
|
|
|
The proceedings in status matters of legal entities
Kroupa, Jan ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
The proceedings in status matters of legal entities Abstract The diploma thesis deals with the issue of proceedings in status matters of legal entities, which are conducted according to the procedural regulation contained in the Act on Proceedings in Matters of Non-contenious Jurisdiction. The diploma thesis uses a descriptive method of these proceedings, with elements of comparison. In its introduction, the working hypotheses are set out, which I aimed to answer in the conclusion by examining the issue. These working hypotheses relate to the question of comparison of the institution of the legal status of legal entities used by substantive law versus the concept of legal entities' status matters used by procedural law. The next working hypothesis is the question whether proceedings in status matters of legal entities are non-contenious proceedings. The last working hypothesis concerns the question whether the decisions given by the courts in those proceedings are merely constitutive or also declaratory. First, the theoretical level of the thesis deals with the definition of the basic concepts that are closely related to the topic of the thesis and which are further elaborated in the thesis or are important in terms of answering the hypotheses. First of all, the thesis defines the basic theoretical...
|
|
|
Comparison of Czech and German legal regulation of appellate review
Vaculínová, Julie ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Comparison of Czech and German legal regulation of appellate review Abstract The purpose of the master's thesis is to describe and subsequently compare the appellate review in the civil procedure in the Czech and German legal regulations, namely in the light of the upcoming recodification of civil procedure in the Czech Republic. The appellate review is a remedial measure which aims to review the challenged decision of the appellate court from the legal point of view. The role of the appellate review is to unify case law and to ensure justice in individual cases. While in the Czech Republic the appellate review is conceived as an extraordinary remedial measure, in Germany it is a regular legal remedy. This difference determines most of the elements of the appellate review. The thesis is composed of an introduction, seven chapters and a conclusion, including the author's de lege ferenda suggestions. The chapters first introduce the topic, continue with a description of a particular element of the appellate review in the Czech and German legislation, and conclude with a comparison and evaluation of the author. The subchapters addressing the Czech legal regulation also contains de lege ferenda suggestions, particularly with respect to the substantive intent of the Code of Civil Procedure. Chapter One first...
|
|
|
Hearing in the civil proceedings in the Czech republic an the USA
Kocumová, Zora ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Hearing in the civil proceedings in the Czech Republic and the USA This thesis focuses on the regulation of litigation in civil procedural law in the Czech Republic and the United States of America, describing the two and comparing them based on the gained knowledge about them. The first chapter is devoted to the general regulation of civil procedural law in both countries so that the terminology explained can be followed up with an interpretation. The similarities in the regulation of the basics of procedural law are mentioned, as well as the differences concerning, in particular, the existence of a two-track court system in the United States and the composition of the court, where the decision-making element of the jury, which is encountered in the legislation in the United States, plays a large role. The second chapter is devoted to the hearing of the case itself, either without or with an oral hearing. Greater attention is then given to the conduct of the hearing itself in both arrangements, including its preparation, opening, evidence, concentration and briefing, adjournment, and, last but not least, the announcement of the decision. The third chapter focuses on the comparison of the Czech and American regulations and the possibilities of their mutual improvement. The third chapter then...
|
|
|
Procedural community
Kroupa, Šimon ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Procedural community Abstract In civil litigation, it is often possible to encounter a multiplicity of actors on one side of the proceedings; such procedural situation is referred to as a procedural community. According to the current Czech legal regulation of the legal institute in question, which can be considered relatively short, a distinction is made between a separate community and inseparable community in a legal proceeding; the distinguishing criterion here is the nature of the subject matter of the proceedings arising from material law. The thesis first provides an analysis of the previous historical legislation and the theory of the procedural community, and then proceeds with a thorough analysis of the current law. In this respect, the interconnection of the procedural community with various areas and institutes of the civil procedure, such as remedies, local court jurisdiction, injunctive proceedings, costs of the proceedings, main intervention, etc., is commented upon. At the same time, the thesis points out some problems related to the procedural community and tries to provide a proposal for their solution, sometimes also partly with the help of theoretical concepts. A substantial portion of the thesis is devoted to the comparative part, in which the author takes a closer look at the...
|
|
|
Procedural Obligations and Procedural Burdens
Žůrková, Tereza ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Procedural Obligations and Procedural Burdens Abstract The thesis focuses on the issue of procedural obligations and procedural burdens that regulate the procedures of the court and the parties in court proceedings. Thorough knowledge of these institutes is essential for the lawful conduct of court proceedings. The beginning of the thesis focuses on the theoretical aspect of procedural obligations and burdens. In the first part, I introduce procedural obligations, distinguishing between those of the court and the parties, followed by procedural burdens, their distinction from procedural obligations of the parties in the true sense of the word as well as their subdivision. Furthermore, the dualist conception is introduced, as well as opposing conceptions that recognize only the existence of procedural burdens or procedural obligations of the parties. While the first part of this thesis is purely theoretical, the second part concerns the application of procedural obligations and burdens in civil proceedings according to the current legislation on the adversarial disputable procedure completed by case law and legal theory. Firstly, the focus is on the procedural obligations of the court, then on the procedural obligations of the parties, and finally on the procedural burdens. Each of the sections also examines...
|
|
|
Evidence in civil appeal proceedings
Toman, Petr ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Evidence in civil appeal proceedings Abstract The topic of the master's thesis is evidence in civil appeal proceedings with a focus on contentious proceedings. Evidence is often referred to as the backbone of the civil process, as it is supposed to guarantee a fair decision in the case. In appeal proceedings, the importance of evidence is even stronger, as it is used to review the correctness of the contested decision. The aim of the master's thesis is to provide a comprehensive and complete overview of the legal issue of evidence in civil appeal proceedings, to discuss its most important aspects, to point out deficiencies in the current legislation and propose changes de lege ferenda. In order to fulfil the set objectives, the thesis is systematically divided into four chapters. The first chapter defines the basic terms - procedural evidence and appeal, the understanding of which is crucial for the rest parts of the thesis. In connection with the mentioned terms, the term means of evidence, evidence, subject of evidence and individual types of correction systems - the system of complete and incomplete appeal system, cassation system and revision system, are also characterised here. The second chapter provides an overview of the most important works of prominent Czech personalities of the civil process. The...
|
|
|
The effects of the payment of a debt based on a subsequently quashed effective court decision
Kinkor, Daniel ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
1 The effects of the payment of a debt based on a subsequently quashed effective court decision Název rigorózní práce v anglickém jazyce, abstrakt v anglickém jazyce a 3 klíčová slova v anglickém jazyce Abstract When an effective court decision, based upon which the defendant had already paid to the claimant, is subsequently quashed by the Supreme Court, it is necessary to determine whether, according to substantive law, the claimant is entitled to the received payment or not. In this regard, two different concepts of how these situations should be resolved have developed in the case law of Czech courts. Neither of them is, however, fully acceptable due to the inherent limitations of existing procedural law. The first concept is based on a clear distinction between substantive and procedural law and respects the fact that the legal effects of an effective court decision do not have a direct impact on substantive legal relations. According to this concept, the original defendant must, after the annulment of the effective court decision in compliance with which he had already paid to the claimant, initiate new proceedings. In these new proceedings, in which the original defendant (now as claimant) must raise a claim for the restitution of unjust enrichment, the fact whether or not the former claimant is...
|
|
|
Selected Issues of Abuse of Law in Civil Procedure
Pšenička, Jan ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
in English The thesis deals with the phenomenon of abuse of procedural rights in civil proceedings, which is very often observed in practice. There is a growing interest in the topic of abuse of rights in the Czech environment, especially in the examination of abuse of rights in substantive private law, but also in other sectors. The phenomenon is, of course, increasingly noticed by case law. The aim of this thesis is to assess to what extent the theoretical conclusions on abuse of law are applicable in civil proceedings and also what is the impact of abuse of law in other branches of law, especially in private substantive law and public law. In view of the absence of a comprehensive work focusing on the abuse of procedural law in the Czech literature, the theoretical part of the thesis also deals with German-language works on this topic. In addition to a general insight into this issue and the definition of what can be considered as abuse of rights, or where the boundary between the application and abuse of rights lies, attention is paid in particular to selected institutes and rights in civil proceedings that may be subject to abuse. However, it is not possible to determine a complete list of them; therefore, the thesis is devoted to the assessment of the abuse of selected institutes, which are...
|
guest ::
RSS feed.