National Repository of Grey Literature 3 records found  Search took 0.02 seconds. 
Judiciary and the Right to a Fair Trial in Communist Czechoslovakia 1948 - 1989
Guckler, Daniel ; Wintr, Jan (advisor) ; Kühn, Zdeněk (referee)
The aim of the study is to map and judge the level of the right to a fair trial in Czechoslovakia after the communist revolution in relation to the minimum requirements imposed by the European Convention on Human Rights. Czechoslovakia did not ratified this Convention and therefore it is not regarded in terms of the applicable law, but in terms of timeless principles of fair trial as expressed in the Convention. Even present case law speaks about the need to comply with the timeless principles of a fair trial, namely the decision of the Supreme Court in the case Ludmila Brožová-Polednová, file number 7 Tdo 549/2008, and the decision of the Supreme Court in the case of Pavel Vítek, file number 7 TZ 179/99, which was also analysed by the author. The Convention is useful for comparing with regard to the time of its creation when there was in Czechoslovakia "intensification of the struggle against the class enemy" as Communist terminology justified escalating process of violations of the right to a fair trial. The starting point will be not only in classification of cases of violations of the right to a fair trial under Article 6 or other rights and freedoms of the Convention as it took place in Czechoslovak judiciary from 1948 to 1989 but also an understanding the situation in the legal environment at...
Executory Title as a Basis for Enforcement of Decision
Guckler, Daniel ; Smolík, Petr (advisor) ; Macková, Alena (referee)
I. Abstract The aim of the thesis is to describe the issue of enforcement claims under execution for monetary compensation according to the Executory Code and judicial enforcement of decision under Part Six of the Civil Procedure Code. Consensus for judicial enforcement and execution, which is largely based on the regulation of judicial enforcement of decision, as the Executory Code is special to the Civil Procedure Code, made the author realize clearer interpretation of individual topics from the point of view of judicial enforcement of decision and parallelly from the view of judicial execution. Executory title is essential requirement for judicial enforcement of decision or writ of execution. However, it is not the only one prerequisite. There are other assumptions, which are requirement to the writ of enforcement and successful completion of the execution or judicial enforcement. Other essential attributes, that need to be examined, are perfection of proposal, active legitimation of the claimant, passive legitimation of the debtor, their eligibility, litispendentio or rei iudicatae etc. The absence of even only one of the conditions proceeding is a procedural defect. Execution proceedings and judicial enforcement consist of several phases. Also in the phase of own enforcement, there can be facts, which...
Executory Title as a Basis for Enforcement of Decision
Guckler, Daniel ; Smolík, Petr (advisor) ; Macková, Alena (referee)
I. Abstract The aim of the thesis is to describe the issue of enforcement claims under execution for monetary compensation according to the Executory Code and judicial enforcement of decision under Part Six of the Civil Procedure Code. Consensus for judicial enforcement and execution, which is largely based on the regulation of judicial enforcement of decision, as the Executory Code is special to the Civil Procedure Code, made the author realize clearer interpretation of individual topics from the point of view of judicial enforcement of decision and parallelly from the view of judicial execution. Executory title is essential requirement for judicial enforcement of decision or writ of execution. However, it is not the only one prerequisite. There are other assumptions, which are requirement to the writ of enforcement and successful completion of the execution or judicial enforcement. Other essential attributes, that need to be examined, are perfection of proposal, active legitimation of the claimant, passive legitimation of the debtor, their eligibility, litispendentio or rei iudicatae etc. The absence of even only one of the conditions proceeding is a procedural defect. Execution proceedings and judicial enforcement consist of several phases. Also in the phase of own enforcement, there can be facts, which...

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