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Judicial Review of Decision of the Body of a Legal Entity
Šmídová, Tereza ; Holčapek, Tomáš (advisor) ; Frintová, Dita (referee)
Judicial Review of Decision of the Body of a Legal Entity Abstract This thesis contains a comprehensive analysis of the currently effective regulation of a category of proceedings that can be described as a review of decisions of the body of a legal entity. This category includes proceedings for the declaration of invalidity and proceedings for the determination of non-existence of a decision of body of a legal entity. The thesis starts with introduction continues with four main chapters and follows with last chapter dedicated to conclusion. In the introductory chapters (chapters one and two), the thesis deals with general explanations on the nature of this institute, a brief definition of the difference between invalidity and non-existence (nullity) and the limits of review as to the specific decisions of the body of a legal entity that can be reviewed in this way and from which aspects. Furthermore, the thesis discusses the procedural definition of these types of proceedings under the current effective legislation as non-contentious proceedings (including a brief description of the characteristics of contentious and non-contentious proceedings), including an authorial assessment of the construct of the definition of the status of legal entity specific only to these described proceedings introduced by the...
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Legal capacity proceedings and custody of person limited in legal capacity proceedings
Franc, Jakub ; Frintová, Dita (advisor) ; Střeleček, Tomáš (referee)
Proceedings concerning the legal capacity and guardianship of a person with limited legal capacity Abstract The thesis deals with the procedural regulation of the proceedings concerning the legal capacity in a narrower sense, i.e. the proceedings on the limitation of the legal capacity of a person and the subsequent proceedings on the appointment of his/her guardian. Legal capacity is closely linked to legal personality, and therefore any interference with legal capacity, especially its limitation, is a serious interference with the personal integrity of a person, and the process of such interference must be sensitively regulated by law. The aim of the thesis is to map and analyse the legal regulation concerning the limitation of a person's legal capacity, primarily from the procedural law point of view, but also by analysing the relevant substantive provisions. The first part of the thesis deals in detail with the institute of legal capacity, its definition and the various ways of acquiring it. In the second part, the thesis deals with more supportive (milder) measures that serve to safeguard a person's interests without having to limit his or her legal capacity. The related institutions such as preliminary declaration, assistance in decision- making and representation by a household member are...
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Judicial Decision-Making in Proceedings of Judicial Care for Minors With a Focus on the Issue of Parental Manipulation of a Minor
Mašková, Karolína ; Frintová, Dita (advisor) ; Střeleček, Tomáš (referee)
Judicial Decision-Making in Proceedings of Judicial Care for Minors With a Focus on the Issue of Parental Manipulation of a Minor Abstract This thesis focuses on the issue of parental manipulation of a minor in proceedings of judicial care for minors, particularly in terms of proceedings regarding the child custody and personal contact with a parent. The objective of this thesis is to study the forms of parental manipulation and its consequences for a child, as well as analyze the role of parental manipulation in judicial decision-making in the aforementioned proceedings. The final aim of the thesis is to evaluate whether there is room for improvement of the situation of children affected by parental manipulation, and if so, bring up de lege ferenda proposals. The first chapter describes the legislation of proceedings of judicial care for minors. It focuses mainly on procedural aspects of the proceedings, describing them from the moment of the initiation of the proceedings to the enforcement of the decision, including the description of interim measures. Special attention is devoted to amicable settlements, in particular to the Cochem model which has continued to gain significance in recent years. Substantive law issues addressed in this chapter include characteristics of the forms of child custody, their...
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The importance of expert opinion in child custody proceedings
Šmídová, Tereza ; Frintová, Dita (advisor) ; Střeleček, Tomáš (referee)
The importance of expert opinion in child custody proceedings Abstract This diploma thesis focuses on the importance of expert opinions in custody proceedings on the matter of a minor child care, maintanance and contact. These are part of the child welfare judicial proceeding according to the section 466 of Act No. 292/2013 Coll., on special court proceedings, as amended. Firstly, it discusses the above-mentioned non-contentious proceedings, which are included in the child welfare judicial proceeding, then the work deals with experts and their opinions. The first chapter deals with the child welfare judicial proceeding in general. It explains what proceedings are among the court's care proceedings for minors and the basic features of these proceedings are described here. Furthermore, the first chapter defines the basic concepts with which the thesis deals and describes the features of non-contentious proceedings and explains the differences between contentious and non-contentious. The jurisdiction of the court and the subjects of the proceedings are also mentioned. The second chapter deals with the child custody proceedings. This part is focused primarily on the types of legal child custody. Individual types of legal child custody are listed and for each type of the custody it is said when the court can...
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Selected aspects of the right to fair trial in civil proceedings
Král, Kristína ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
1 Selected aspects of the right to fair trial in civil proceedings Abstract Rigorous thesis titled Selected aspects of the right to fair trial in civil proceedings focuses on introduction of the aspects of the right to fair trial on the constitutional level as well as specifically in the context of civil proceedings. The historical circumstances of the origins of the right to fair trial in the different jurisdictions and the establishment of the right to fair trial in the Czech legal system are explained. Definition of each aspect of the right to fair trial in legislation and case law is presented with a stress on the importance of each aspect for civil proceedings. Four aspects of the right to fair trial are given special attention. These are the independence and impartiality of the court and of the judge, the right to a legal judge, the equality of arms and the judicial economy. The current legal definition is introduced in relation to each selected aspect. Then, the factual fulfilment of the aspect is analysed and when relevant a consideration is given to possibilities of applicable remedies. In relation to the first two aspects (closely related to the judges) a special focus is aimed at the impacts of individual judges' behaviour on the public's view of the justice system. The fulfilment of the equality...
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Execution by sale of real estate
Kovář, Ondřej ; Frintová, Dita (advisor) ; Smolík, Petr (referee)
Execution by sale of real estate The presented rigorous thesis titled "Execution by sale of real estate" aims to describe and analyze the current legislation concerning real estate as a subject to execution proceedings. The thesis should offer potential solutions for the described problematic parts of an execution, such as the issue of conflict between the execution procedure and the insolvency procedure. In terms of its content, the rigorous thesis consists of eight parts. The first chapter of the rigorous thesis focuses on the definition of the essential terms of enforcement proceedings, the substantial institutions, and legal provisions which are connected to the enforcement. Essential principles of the enforcement proceedings are described in the beginning: the principle of party disposition, the principle of officiality, the principle of proportionality and the principle of defense and protection of the debtor. Then, the thesis analyzes the position of the judicial officer in the legal system and focuses on the legal consequences concerning the commencement of execution proceedings. From the second to the seventh part, the rigorous thesis contains the main subject of the work - the process of execution sale of real estate, when the parts correspond to the relatively independent phases of the process of...
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Comparison of Czech and German legal regulation of appellate review with reference to Czech Republic's impending civil procedural law reform
Novotná, Kateřina ; Frintová, Dita (advisor) ; Zahradníková, Radka (referee)
a klíčová slova v anglickém jazyce Název práce: Comparison of Czech and German legal regulation of appellate review with reference to Czech Republic's impending civil procedural law reform Abstract This diploma thesis describes and compares the regulation of civil appellate review under Czech law with the legislation in the Federal Republic of Germany. The first part addresses the chosen topic on a broad level. The introductory section provides an overview of appellate review in both legal systems, a summary of recent recodification efforts, as well as a brief description of the historical development and appellate systems. The next section continues with admissibility. It contains the current Czech and German appellate review's admission regulation. The entire paper is structured so that the Czech law is always described first, followed by the German one, simultaneously comparing both versions and summarizing the results and key differences. The admissibility is divided into objective and subjective, followed by the explanation of additional requirements that both Czech and German appellate reviews must meet. It is also worth noting the assessments of admissibility. In Germany, only courts of appeal can determine whether an appellate review is admissible. In the next section, subjective...
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Discontinuance of execution according to sec. 268 (1) (h) of the code of civil procedure focusing on substantive review of an execution title
Herodesová, Lucie ; Sedláček, Miroslav (advisor) ; Frintová, Dita (referee)
Discontinuance of Execution according to Sec. 268 (1) (h) of the Code of Civil Procedure focusing on substantive review of an execution title Abstract The presented thesis deals with discontinuance of the execution according to Sec. 268 (1) (h) of the Code of Civil Procedure focusing on the possibility and the extent of substantive review of an execution title. This provision was originally intended by the legislator to be relatively abstract or indefinite. It was therefore necessary to introduce the specific circumstances leading to discontinuance of execution due to inadmissibility according to Sec. 268 (1) (h) of the Code of Civil Procedure through the case law. Precisely the considerable vagueness of this provision led to a considerable increase of cases introducing specific situations that led to discontinuance of execution. This theses therefore aims to analyse Sec. 268 (1) (h) of the Code of Civil Procedure leading to suspension of execution, in particular its purpose in relation to Sec. 268 (1) (a-g) of the Code of Civil Procedure, and further focusing on the topic regarding the possibility of conducting a substantive review of the execution title in the enforcement proceedings. The first chapter of this thesis focuses on the definition of the essential terms and principles of enforcement...
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Inheritance proceedings in the Czech Republic and Austria comparative study
Gadasová, Simona ; Macková, Alena (advisor) ; Frintová, Dita (referee)
108 Inheritance proceedings in the Czech Republic and Austria Abstract This rigorous thesis entitled "Inheritance proceedings in the Czech Republic and Austria" focuses on the analysis of legal regulation of probate in both mentioned countries and also on their comparison. The aim of this work is not a detailed description of all institutes related to probate, but rather a comprehensive overview of the proceedings in both countries. Furthermore, this thesis focuses on pointing out the problems occurring in notary practice in connection with inheritance proceedings, which in some respects are brought about by unclear legal regulation as well as certain changes and news in society, which are also manifested in court proceedings. Part of this thesis is also the proposal of possible legislative solutions to the mentioned problems. The work itself is divided into three main parts, namely Inheritance proceedings in the Czech Republic, Inheritance proceedings in Austria and a Comparison of probate proceedings in the Czech Republicand in Austria. The first part of this thesis focuses on the historical development of notaries in our country, its current status and legal regulation. Subsequently, the probate proceedings are described in general terms, including the principles applied in it, its participants and also...
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State prosecutors office in civil procedure
Kubičková, Monika ; Vyskočilová, Silvia (advisor) ; Frintová, Dita (referee)
Public Prosecutor's Office in civil proceedings This paper deals with the issue of the competence of the Public Prosecutor's Office in civil proceedings in Czech Republic, where the Public Prosecutor's Office is generally perceived as a body acting only in criminal proceedings. Most of the population of the Czech Republic has no idea that it is possible to meet with the Public Prosecutor's Office in other areas and that is the reason for the author of this paper chose the aim of this paper to acquaint the reader with the role of the public prosecutor's office in civil proceedings, respectively with the competences in this area. The thesis consists of an introduction to the theme of paper, conclusion of the paper and of 7 main chapters. The aim of the first three chapters is to introduce the issue to the readers and to the overall context of this paper. The first chapter deals with the historical development of the public prosecutor's office in our territory with a focus on non-criminal competence. The second chapter deals with the position of the public prosecutor's office in general at present, the third chapter deals with concrete position of the public prosecutor's office in civil proceedings. The other two chapters can be considered as crucial, ie chapters four and five. Chapter four deals with...
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