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Delivery in civil proceedings
Schneiderová, Martina ; Macková, Alena (advisor) ; Smolík, Petr (referee)
The aim of my thesis is to analyse the institution of delivery in civil proceedings, the paper is especially focused on practical problems and also electronic delivery, first and foremost data-boxes. The study also contains the part describing delivery of documents to foreign countries and to member states of the European Union. The first part of the thesis deals with theoretical definition of the key legal concepts and the delivery into data-boxes is examined there. In the second part there is also described in detail the delivery of documents to foreign countries (and from foreign countries to the Czech Republic, too). Finally, I attempt to draw a short comparison between regulations of delivery in civil proceedings in the Czech Republic and in Slovakia. Delivery comprises one of the key legal institutes of civil proceedings. The principal source of law for delivery in civil proceedings in the Czech Republic is constituted by Law No. 99/1963 Coll., the Civil Procedure Code, as amended by Law No. 139/2015 Coll. Moreover it has undergone many changes recently. The thesis is composed of three main chapters which are divided into next subchapters, each of them dealing with different aspects of delivery. Chapter One is introductory, it explains the term delivery within the framework of civil...
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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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Burden of proof in civil procedure
Loutchan, Petr ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Thesis title: Burden of proof in civil procedure This paper deals with burden of proof. The aim of this thesis is to provide a broader framework for this burden, since it is absolutely crucial in order to form a proper understanding of this topic. The first chapter mentions principles that are common to all legal procedures and those that are applicable only within civil procedure. These general procedural principles need to be interpreted in accordance with the European Convention on Human Rights, which is binding upon Czech law. They also serve as a tool for a deeper integration of European law. The principles that are only applicable within civil procedure are usually presented in pairs consisting of principles of opposite meaning and are never really used in their pure form. The second chapter deals with basic rules of Evidence. It mentions the definition of Evidence, it makes a clear distinction between logical methods of proving and procedural ones, followed by definition of the purpose of Evidence. It also mentions topics that do not need to be proven, since there is some type of presumption governing these issues or they are somehow known to the court. This chapter emphasizes tools that simplify the process of proving. It also defines basic terms of Evidence. It does not try to be a complex...
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Decedent's estate proceedings
Víšek, Pavel ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Decedent's estate proceedings The diploma thesis describes different stages of decedent's estate proceedings and it is also focusing on the biggest changes in legal regulation, which have been implemented by Act no. 292/2013 Coll., Code on Special Court Proceedings. This thesis is divided into five chapters. In the first chapter is defined, why decedent's estate proceedings is so important for society and by which legal principles is affected. In this chapter it is also mentioned from which legal sources decedent's estate proceedings draws. The second chapter provides a brief historical introduction into the issue of decedent's estate proceedings. The current rules come back to legal regulations applicable before legal reforms in the 50's of the 20th century. Therefore it is appropriate to know historical background of matters. The third chapter focuses on the most important innovations, which has been brought by Act no. 292/2013 Coll., Code on Special Court Proceedings. This chapter presents quite short but significant part of the diploma thesis. The fourth chapter describes conduct of decedent's estate proceedings and it forms the main part of this thesis. In this chapter there are firstly described general facts valid for decedent's estate proceedings and subsequently the chapter illustrates...
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European insolvency law changes in connection with regulation EU 2015/848
Hrdý, Bohuslav ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Historically, the insolvency proceedings are a matter of the national states and their own legal regimes. With progressive European integration, the undertaking activities grow over the national levels. Also with numerous cases of defaults of companies undertaking in different states of European Union, a request for regulation setting clear set rules for performance of multijurisdictional insolvency proceedings in European Union is made. At the beginning of the twenty first century the European regulation ES No. 1346/2000 on insolvency proceedings (the "Regulation") has become this set of rules. This Regulation, which among others stayed valid throughout the biggest financial crisis that European Union had come through and it is now becoming a quality ground on which the European Parliament is trying to establish its recast the regulation of European Parliament and Council (EU) 2015/848 on insolvency proceedings (the "Recast"). The interpretation of original Regulation was done by the European Court of Justice on several occasions. This interpretation helped on successful use of the Regulation. Based mostly on European Court of Justice decision making and international insolvency law experts opinion, the Recast has been prepared. The legal framework of the Regulation is therefore much widened. Many of the...
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The lawyer and the client
Šplíchal, Jan ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis deals with advocacy and content of the concept of advocacy, then elaborates the concepts of legal aid and legal service and looking for differences between these concepts. Thesis also offers a brief glimpse into the history of the legal profession and its evolution over the time. Furthermore, this thesis deals with the influence of the Czech Bar Association as an autonomous professional organization for practicing the legal profession and the provision of legal services by lawyers. Firstly, examines the Czech Bar Association and its organization and its jurisdiction and issuing professional rules. It also deals with other situations, which can occur under the influence of the Czech Bar Association. The thesis also outlines the basic elements of creation, content and termination of the relationship between the lawyer and his client. Individual elements of the content of the relationship attorney - client are analyzed in the fourth chapter. In particular, the duty of the lawyer to promote the rights and legitimate interests of the client's obligation not to lower the dignity of the legal profession, confidentiality, duty to inform the client and keep the documentation to be insured or the right of a lawyer to remuneration. Similarly thesis deals with the rights and obligations of the client....
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Reimbursement of costs in trial proceedings and enforcement proceedings
Šedivá, Lucie ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This diploma thesis Reimbursement of costs in trial proceedings and enforcement proceedings describes the main aspects related to reimbursement of costs in the two kinds of civil procedure. Reimbursement of costs is seen as a secondary topic, but can cause serious property issues to the parties. The purpose of this thesis is to provide a comprehensive look at the issue of reimbursement of costs in trial and enforcement proceedings. The thesis is composed of an introduction, two main sections which are dealing with reimbursement of costs in trial proceedings and reimbursement of costs in the enforcement proceedings and conclusion. In the introduction I'm dealing with the reasons why I've chosen this topic. The actual text of the thesis is divided into two main parts - reimbursement of costs in trial proceedings and reimbursement of costs in the enforcement proceedings. The first part deals with selected kinds of costs, with an emphasis on case law, and also deals with the issues connected with the abolition of regulation No. 484/2000 Coll. Within subchapters 1.2 and 1.3 I analyze reimbursement of costs in the contentious and non-contentious proceedings, individual principles governing the reimbursement of costs and institutes related to reimbursement, specifically pre- action appeal and the...
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Comparison of Czech and German insolvency law with insight in to practice
Chytil, Petr ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
As it implies from the title, aim of this thesis is to compare Czech and German insolvency law and find out differences, also on the practical level. Motivation to choose these countries came from facts, that both countries are economically connected and German law is traditional source of Czech law. Another aim is to find out, if the law of our western neighbours can be inspiration also for future changes to relatively new insolvency law in Czech. Because the title of this thesis is rather general, it was necessary to specify the content of this thesis with choosing main points. These are discharge from debts, reorganisation and insolvency administrator seen as a profession. Aim of this thesis is not to cover the insolvency law complexly. Thesis is divided into eleven chapters. First chapter is introduction and clears aims of this thesis. Second and third chapter describes the introduction to German insolvency law, which fairly overlaps the introduction to Czech insolvency law. Selected differences are mentioned in fourth chapter. Chapters five to seven are containing the main themes of this thesis, and these chapters are divided into subchapters with German law, Czech law and subchapter with comparison. The chapter about discharge from debts is rather extensive, because the concept of this legal...
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Assets in insolvency proceedings
Marian, Daniel ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The subject of this thesis is the institute of assets, one of the fundamental legal institutes of insolvency proceedings, which plays an absolutely crucial role in the process of solving the debtor's bankruptcy and the satisfaction of the debtor's creditors. The purpose of this thesis is not to cover the legal institute of assets in all its breadth, but to try to present the legislation on assets and important legal institutes related to it in the Insolvency Act in context of insolvency proceedings. Furthermore, this thesis works with the conclusions of the judicial practice of insolvency courts, presents thoughts on the current state of the Insolvency Act and defines certain areas, in which amendments to the Insolvency Act should occur in the future. This work is divided into nine chapters with regard to the legal provisions of the Insolvency Act governing the institute of assets. After a brief introduction the first chapter deals with the historical development of insolvency law, the Insolvency Act and the definition of assets. The second and third chapters are focused on the extent and content of the debtor's assets in insolvency proceedings, including related institutes of invalidity and ineffectiveness of legal actions. The fourth chapter defines the process of identifying assets and the rights...
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Preliminary measures in civil proceedings
Turková, Lenka ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The presented master's thesis on the "Preliminary measures in civil proceedings" deals with the institute of preliminary measure in the civil procedure as a measure, which provisionally ensures the rights of natural or legal persons. The preliminary measure is used in such situations, where there cannot be awaited until the final decision in the case is issued, with regard to the threats to individual rights or with respect to the concern, that the enforcement of the court decision is threatened. The aim of this thesis is to provide the reader with the complex overview of the information about the preliminary measure, both about the so called general preliminary measure governed by the Act No. 99/1963 Coll., Code of Civil Procedure and about the so called special preliminary measures governed by the Act No. 292/2013 Coll., on Special Court Proceedings. The master's thesis is structured into five chapters. The first chapter refers to the historical development of the preliminary measure in our territory and provides general information about this institute and its purpose. The second part is focused on the general preliminary measure's issues. In this chapter, the author describes the procedure on proposal on order of this type of preliminary measure, the duration of preliminary measure and the...
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