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Resolution of consumer disputes from insurance with focus on comparison of judicial and selected alternative dispute resolution methods
Škrobánková, Sabina ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Resolution of consumer disputes from insurance with focus on comparison of judicial and selected alternative dispute resolution methods Abstract The diploma thesis focuses on comparing judicial and alternative dispute resolution methods of resolving consumer disputes from insurance. Financial arbitration and the proceeding held by Office of the Ombudsman of the Czech Insurance Association were selected as alternative dispute resolution methods. The author characterizes these institutions and the court as the guarantor of the constitutionally guaranteed right to judicial protection. Furthermore, the work analyzes judicial and selected alternative dispute resolution methods in insurance disputes, with the consumer on one side, and on the other side, the insurance company or insurance intermediary. The individual proceedings before the selected institutions and the court are primarily analyzed from the perspective of the participants, especially consumers. The work is divided into four chapters, structured as follows: The first chapter defines key terms such as insurance, insurance contract and its parties, as well as other persons and entities involved in the contractual relationship, entrepreneur, consumers, and consumer disputes related to insurance. The chapter concludes with a brief typology of consumer...
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Family meditation in the Czech republic
Fišerová, Rebeka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis aims to introduce mediation as one of the alternative dispute resolution methods, specifically focusing on its application in the field of family mediation. In the initial part of the thesis, mediation is described, involving its scope, process, and legal regulations in the Czech Republic, in the European Union, and internationally. Following this, family mediation, its objectives, and specific aspects are introduced. The subsequent section conducts a comparative study between family mediation and court proceedings in family law disputes. The study seeks to compare both methods of dispute resolution and to determine whether mediation can be a more effective solution for family law disputes. The areas chosen for comparison are the entrusting the child to the care of another person, the settlement of community property, and the determination of child support. In each of these cases, a comparison is made regarding the initiation of proceedings, their course, duration, the financial difficulty, and the enforceability of the resulting solution. The findings of the comparative study support the hypothesis that mediation can be a more effective approach to resolving family law disputes. Mediation generally offers a faster and more cost-effective solution compared to court proceedings, especially in...
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Motor third party liability insurance
Šmíd, Jan ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
1 Abstract Motor third party liability insurance The diploma thesis deals comprehensively with the issue of liability insurance for damage caused by the operation of a vehicle - the most important compulsory contractual insurance in the Czech Republic, focusing on the creation of the obligation of the damager to compensate for damage caused by the operation of the vehicle and the subsequent creation of the right of the injured party to insurance benefits. The aim of this thesis is a comprehensive solution of the situation arising as a result of a traffic accident caused by a combination vehicle, the individual parts of which are insured by different insurers and a description of the legal relations between the individual entities. To this end, the thesis is divided into four chapters. In the first chapter of the thesis, the institution of insurance is generally defined, as well as the basic concepts associated with this institution. In the second chapter of the thesis, an interpretation of the creation of the duty of the tortfeasor to compensate for the damage is given, focusing on the damage arising in connection with the operation of vehicles, including an interpretation of closely related issues to the tortfeasor's duty to compensate for the damage. Subsequently, the current legal regulation of liability...
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Guide to the Obligation to Instruct in Civil Proceedings
Fliegel, Ondřej ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
58 Abstract Guide to the Obligation to Instruct in Civil Proceedings The thesis aims to create a comprehensive guide to the court's obligation to inform participants in civil litigation. Translated work aims to familiarize the readers, regardless of their legal education, with the procedural and legal concept of informing, in accordance with the various stages of the proceedings. In the introductory part, the author presents theoretical part of the selected foundations of the civil court's obligation to inform, but most of the attention is devoted to the guide itself. In the practical chapters, the author describes the individual stages of the contentious civil proceedings, explaining the court's obligations to inform in each phase. The thesis also includes an analysis of informing during appellate and cassation proceedings. The thesis is primarily based on judicial jurisprudence, particularly that of the Constitutional Court and the Czech Supreme Court, which provides a practical insight into the contemporary understanding of the obligation to inform. In addition, the author relied on monographs, university textbooks, legal journals, and extensively utilized commentary literature as sources of information. For selected topics, the author also offers his own perspective on the issue and subjects it to...
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Mediation in the Czech Republic
Jaroš, Jan ; Macková, Alena (advisor) ; Zahradníková, Radka (referee) ; Dörfl, Luboš (referee)
NÁZEV DISERTAČNÍ PRÁCE V ANGLICKÉM JAZYCE, ABSTRAKT V ANGLICKÉM JAZYCE A 3 KLÍČOVÁ SLOVA V ANGLICKÉM JAZYCE Mediation in the Czech Republic A doctoral thesis represents an evaluation of the fulfillment of the legislator's predicted objectives and expectations placed into the adopted legislation of mediation after ten years of its effectiveness in the legal system of the Czech Republic. The text is divided into two main sections. The first section deals with topics related to the Act on Mediation and the Decree on Examination and Mediator's Remuneration. The second part is concerned with the consequences and connections that are not explicitly regulated by such legislation. In the specific chapters, the expectations of the legislator and subsequent opinions arising from ten years of expert discussion are presented. The author's own conclusions formed using appropriate methodological procedures, especially analytical, normative and empirical approach follows. If possible, available statistical data and partly also foreign examples were used in the thesis. In the first part, the addressed topics are (i) the duplex legal regulation of mediation, (ii) the consequences of such duplexity, i.e. advantages and disadvantages for the mediator and participants, (iii) the performance of mediation according to the Trade...
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Notary - comparison in Czech and French legal system
Valter, Štěpán ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Notary - comparison in Czech and French legal system Abstract This thesis deals with the comparison of the notarial profession in the Czech and French legal system. The aim of the thesis is to compare selected legal institutes of the notarial profession from the perspective of Czech and French legislation. The institutes in question represent the basic parameters of the notarial profession and therefore the author also tries to reach a comprehensive view of notarial profession and to present it from the perspective of Czech and French legislation. The author tries to achieve these aims primarily by means of descriptive and comparative methods. The diploma thesis is divided into six parts, with each part dealing with a selected legal institute from the perspective of both Czech and French legislation. The first part deals with the general concept of notary public and its world concepts, which are the Latin-type notarial system and the Anglo-Saxon notarial system. The second part is devoted to the basic legal basis of the notarial profession. In both the Czech and French cases, it deals with the person of the notary and his/her office, the prerequisites for exercising notarial activities, the various ways of exercising notarial activities and the notary's staff. The third part of the thesis deals with the...
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Notary in the legal order of the Czech Republic and Australia
Šmídová, Kateřina ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The main goal of this thesis, called "Notary in the legal order of the Czech Republic and Australia", is to introduce general principles of the notary's role in the Czech Republic and Australia with a subsequent comparison of these two codes and a description of their differences. The first part deals with the functions of a notary in the Czech Republic and introduces our regulation of a notarial office. The first chapter is dedicated to the history of the notarial office in the Czech lands. The next chapter presents the principal law regulations that set the notarial office's rules and notaries' powers. The subsequent chapter deals with the procedure and conditions of notary appointments and notarial office. Within the chapter, the notarial staff is introduced, as well as the reasons for removal from office. The fourth chapter, called "Notarial Powers", examines different functions of notaries, for example inheritance procedure or drawing up of Notarial Records. The further chapter illustrates what fees for notarial services are and how they are determined. The last chapter of the first part provides information about the lists and registers led by the Notarial Chamber of the Czech Republic. The second part of the thesis is devoted to notaries public in Australia. Similarly to the first part, the first...
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The child at risk in Private and Public Law
Hanuš, Daniel ; Macková, Alena (advisor) ; Frinta, Ondřej (referee) ; Psutka, Jindřich (referee)
The child at risk in Private and Public Law Abstract This dissertation thesis deals with the issue of the child at risk in private and public law. The aim is to define the historical, theoretical, content, and practical level of the term "child at risk" and related concepts in a variety of disciplinary insights, as they are embedded in private and public law in the Czech Republic in interrelated contexts and meanings. In addition, this thesis also presents particular findings in the light of the discussed disciplines. Furthermore, the content is focused on the definition of related professional interdisciplinary contexts and their legal embedding in substantive and procedural law. The methodological context of the professional legal approach to the examination of the chosen issue is not left out either. The theory of the child at risk, including basic categories, is also presented including the context of selected specific legal branches and their framework of legal protection provided to the minor persons. This thesis also reflects particular life situations in which the child may experience a risk, and identifies how these situations are reflected in the content of the Czech legal system (private and public law), international law and jurisprudence. The analysis, presentation and possible evaluation of de...
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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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Inheritance proceedings with a focus on the transfer of the testator's debts
Fučíková, Tereza ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Inheritance proceedings with a focus on the transfer of the testator's debts Abstract This diploma thesis, entitled Inheritance proceedings with a focus on the transfer of the testator's debts, deals with inheritance proceedings as such with an emphasis on the transfer of the testator's debts to his legal successors and their settlement. The thesis is divided into four separate chapters. The first chapter contains a general introduction to the basic principles of civil procedural law, uncontested proceedings, and inheritance, to the purpose of inheritance proceedings, and to the sources of law on which the inheritance proceedings are based. Other subchapters are also devoted to defining the jurisdiction of the court and identifying the persons involved in the proceedings. The second chapter deals with the course of inheritance proceedings with a focus on the transfer of the testator's debts from its commencement to its final termination. The chapter discusses, among other things, the preliminary investigation, identification of the estate's assets and liabilities, separate subchapters are devoted to the reservation of the inventory and convocation of creditors. Furthermore, the discussion of the estate itself and the decision on the estate are discussed. The last subchapter briefly deals with the additional...
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