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Types of civil procedure
Beroušková, Monika ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The attempt of this diploma thesis is to introduce the reader various types of civil procedure. The civil procedure is one of the types of justice besides criminal, administrative and institutional justice. The civil procedure represents the united process, which is internally differentiated. This differentiation is the result of historical development, when the original function of the civil procedure access additional features. The purpose of the civil procedure is not only to provide protection to endangered rights. Another function is to protect the rights against threat. Finally, there is the function of execution and reinsurance. The purpose of this thesis is to provide a comprehensive overview of the various types of civil procedure, their characteristics, common features and differences. The content of this thesis are various types of civil procedure and it is divided into three parts. The first part deals with the civil procedure in general and it's history. The second part, as the main part of the diploma thesis, focuses on characteristics of each types of civil procedure. First there is described civil trial proceedings, which is divided into contentious and non-contentious proceedings. The purpose of civil trial proceedings is to protect the violated or threatened rights or regulation...
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Enforcement of judgments in family cases
Chmelíková, Milena ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
The issue of the enforcement of judgments in family cases is a topical issue in our society, since the various changes this legal area has recently experienced. The main change in the procedural field was the separation of so-called undisputed proceedings into a new Act on Special court proceedings, while the Civil Procedure Code remained a subsidiary act. This new Act also contains the sole regulation of the enforcement proceeding in cases relating to domestic violence and in cases of child custody, since these two areas are the most distinct from the enforcement of other pecuniary and non-pecuniary performance. In the first two chapters, the thesis focuses on the background of the enforcement proceedings as well as on its development, principles and functions. The second chapter ends with the outline of the enforcement in the Act on Special court proceedings. The third chapter deals with the enforcement of judgements in domestic violence cases, focusing particularly on the Police Eviction Instrument and the Special Preliminary ruling on the Protection against Domestic Violence. Their subsequent enforcement is then evaluated and analyzed. The fourth chapter focuses on the legal regulation of the child custody, with an emphasis on the comparison of the different modes of enforcing the decisions, as...
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Preparation of a hearing in the civil trial
Kindlová, Nikola ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Subject of this thesis is "Preparation of a hearing in the civil procedure". The term preparation of a hearing describes a set of procedures, which the presiding judge makes for better clarification of the judicial file and easier orientation in the specific case. Proper use of these proceedings should help to resolve the case during just a single hearing or in a short term. It leads to reducing the unnecessary costs and keeping the economical principle. The aim of this thesis is to evaluate if the proceedings really help to quicker resolution of the case. Systematically this thesis is divided into a theoretical and practical part. The thesis contains six chapters in overall, four of them belong to the theoretical part and two of them are focused practically. All of the chapters include subchapters, which are divided in sections. Theoretical part of the thesis focuses on valid Czech legislation relating to preparation of a hearing. In the practical part there is a comparison of Czech and foreign legislation and application of these legislations into practice. The aim of the first chapter is to outline the principle of the preparation of a hearing and its importance in civil procedure. The second chapter focuses on the principles of civil procedure which are related to the preparation of a hearing...
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Provisional regulation of the circumstances of a child
Koropecká, Veronika ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
This thesis focuses on the important private law institute of preliminary injunctions used for the provisional regulation of the circumstances of minors. The fundamental legal principle on which the paper is based is the principle of the best interests of the child, largely based on Art. 3 of the Convention on the Rights of the Child, which states that the best interests of the child shall be a primary consideration in any decision-making concerning children. Emphasis is placed on the child's legal status as a party to the proceedings for a preliminary injunction and the consequent rights of the minor, focusing on the child's right to be heard. The individual chapters are devoted to a detailed analysis of Czech legislation relating to the topic in question, both under the current wording of the law and current application in practice. The first chapter offers a concise introduction to the addressed issue. The second chapter provides definitions of the key concepts related to the topic. The third chapter discusses the position of the child as a party to the proceedings for the issue of a preliminary injunction, their procedural personality and procedural capacity, representation of the child in the process itself and, last but not least, the interests of the child, and their fundamental rights to be...
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Legal capacity proceedings
Palánová, Petra ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
This thesis deals with the legal capacity proceedings, which are the procedural reflection of legislation of restriction on legal capacity included in the Civil code. The legal capacity is the key legal institution for the human possibility to make a juridical acts. In some cases, it is neccessary, for the reason of protection of human, to restrict on the legal capacity, eventually to choose another preferable measure. Procedural regulation of these proceedings is, with effect from 1. 1. 2014, contained in the Code on Special Court Proceedings (Act No. 292/2013 Coll.), as it comprises certain derogations from classic contentious proceedings. The aim of the thesis is to comprehensively summarise and interpret this legislation including her relation on the substantive regulation, point out her faults and propose options, how to remove them. To this purpose, opinions of experts and present case law regarding these matters are in the thesis also confronted. The thesis consists of three main chapters, which are subdivided into some subchapters and sections. The content of this three chapters is the general delimitation of legal capacity, the excursion into the history of legal capacity and the procedural regulation of the legal capacity proceedings. The aim of the first chapter is to introduce the concept of...
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Alternative Dispute Resolution and the Rights to Judicial Protection in the Czech Republic
Peroutka, Jan ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The aim of this master's thesis was to describe alternative dispute resolutions in the overall context of the right to judicial protection guaranteed by the judicial system. In the Czech Republic, there are several alternatives to legal proceedings; these are in particular: (1) arbitration, (2) mediation, and (3) conciliation by the Consumer Protection Act. The thesis then aimed to answer the question whether the existence of these different techniques of settling disputes extends the right to judicial protection of the parties - in a broader sense, whether there is an increase in application of their procedural rights - or vice versa. Arbitration represents an important part of this thesis. I first focus on procedural rights participants in arbitration are guaranteed. I conclude that participants can waive the right to judicial protection guaranteed by Art. 36 of the Charter of Fundamental Rights and Basic Freedoms only under strict conditions, i.e. the expression of will must be unequivocal, informed (conscious) consent, free (voluntary, i.e. without coercion), unconditional; and only to a limited extend. However, this waiver is not absolute and unlimited; certain minimum guarantees of procedural rights defined by practice of the European Court of Human Rights in Strasbourg are applied to ensure a...
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Judicial review of the decisions of public authorities in matters of private law
Křišťanová, Natálie ; Winterová, Alena (advisor) ; Frintová, Dita (referee)
The presented dissertation deals with the current legislation of judicial review of administrative decisions in civil matters, which is incorporated into the fifth part of the Code of Civil Procedure. The introduction outlines the historical context of this legislation, as well as the fundamental motives that led to the formation of the current form of the evaluated legal regulations. Attention is also given to specific issues related to the chosen topic, in particular the question of dualistic concept of judicial protection, adopted within the reform of the administrative judiciary effective from 1st January 2003, as well as the issues of a conflict of jurisdictions, which is one of the consequences of exclusion of the review of decisions of public authorities about private individual rights from the jurisdiction of courts deciding in administrative judiciary, and assigning this agenda to civil courts, which occurred within the context of the mentioned reform. The focus of this work is to describe the valid and effective fifth part of the Code of Civil Procedure, within which a special emphasis is placed on the problematic aspects of this legislation. The main aim will be to clarify or explain controversial provisions, if needed using case law, as well as the publications expressing sometimes conflicting...
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Cost types in adversarial civil proceedings
Zbořil, Martin ; Macková, Alena (advisor) ; Frintová, Dita (referee)
Zusammenfassung Das Thema meiner rigorosen Arbeit lautet "Die Sorten von Prozesskosten im Zivilstreitverfahren" a und ihr Ziel ist das Fokussieren auf diese Teilproblematik im Bereich von den Prozesskosten und ihre rechtliche Prüfung. Die rigorose Arbeit behandelt nicht die gesamte Gesetzregelung von den Prozesskosten, wie sie im Kopf Drei der Zivilprozessordnung geregelt wird, sondern versucht sie um eine detaillierte Analyse von den einzelnen Prozesskosten, die demonstrativ im Paragraph § 137 Abs. 1 der Zivilprozessordnung genannt wird. In der rigorosen Arbeit versuchte ich nicht nur um eine Annäherung der rechtlichen Regelung, die de lege lata in etlichen Gesetzen und Verordnungen relativ verstreut ist. Sondern fokussierte ich auch auf zahlreiche Rechtsprechung, die dieses Bereich weiter prägt. Diese Rechtsprechung darf man in die Judikatur teilen, die unklare normative Rechtsregelung konkretisiert und Rechtsprechung - fast ausschließlich seitens des Verfassungsgerichts der Tschechischen Republik - die grundlegende Gesichtspunkte und Schlussfolgerungen bringt. Dies gilt besonders für die Verordnung Nr. 484/2000 Slg., die Belohnung für die Vertretung vom Rechtsanwalt oder Notar regelt, die das Verfassungsgericht der Tschechischen Republik mit seinem Urteil aufhieb. Außerdem versuchte ich im Kapitel über...
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Persistence of Procedural Relationship of Parties in Civil Proceedings
Zapletalová, Veronika ; Winterová, Alena (advisor) ; Frintová, Dita (referee)
Persistence of Procedural Relationship of Parties in Civil Proceedings The thesis deals with the procedural relationship in adversarial civil proceedings. The aim of the thesis is to define the persistence of procedural relationship as a characteristic of civil proceedings, as one of the fundamental principles of civil proceedings, and to analyze exceptions to this principle. The thesis is divided into two sections. The first one focuses on changes of parties in procedural relationship, while the latter one focuses on changes in procedural relationship attributable related to the court. The thesis aims to comprehensively address the procedural relationship of parties, thus it includes a section referring to changes of procedural relationship related to the court. The thesis primarily focuses on changes of procedural relationship relating to the parties, such as joinder of parties and substitution of parties. Since the general rule refers to the persistence of procedural relationship, derived from the rights of parties to a judgement on the merits, it is necessary to save the procedural rights of parties should any exception to this general rule apply. The thesis, conforming to the proportionality principle, addresses the suitability and necessity of such legislation. The current legislation seems to be...
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Appeal in civil procedur
Němečková, Bára ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Appeal in civil procedure The aim of this diploma thesis is to describe the law regulation of appeal in czech civil procedure in connection with application of law by judges. I tried to describe the process of appeal procedure in Czech Republic and also describe a practical problem connected with application of law. This type of legal remedy is the most applied way how to examine or change the verdict of the judge. I have choosen the topic Appeal in civil procedure, because I am interested in civil procedure at all and in the future I would like to become a judge assistant. I think that knowledge of civil procedure is very important for each lawyer. The legal regulation of appeal and other legal remedies is enshrined in the legal act No. 99/1963, called Občanský soudní řád (Civil Procedure) in Czech Republic. The regulation we can find also in other legal acts (e.g. No. 292/2013 called Zákon o zvláštních řízeních soudních). This thesis is divided into twelve chapters, each charter is focused on different issue of this topic Appeal in civil procedure. The thesis is consisted of theoretical explanation of the institution of appeal in civil procedure and I also tried to emphasize the meaning of the practice of the courts, because the practical application of law is maybe more important than the...
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