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Mediation as alternative dispute resolution
Lokajíčková, Diana ; Macková, Alena (advisor) ; Frintová, Dita (referee)
1 Mediation as an alternative way of resolving disputes Abstract This work deals with the increasingly frequent type of dispute resolution, to be concrete it focuses on mediation. In the introduction, the author deals with the essence of conflict. The author also discusses the types of alternative dispute resolution. After this theoretical introductory part, the work focuses exclusively on mediation. It describes the history of this institute, the division of types of mediation, analyses the legal regulations and presents a general overview of the mediation procedure and the specifics associated with it. The work mainly deals with the principles of mediation such as confidentiality, voluntariness, with regard to the assumptions and performance of mediation by a registered mediator. The author analyses all the mentioned topics in connection with national legislation and compares it with European legislation so that the reader can understand the development of mediation and its possible pitfalls. The author also provides her suggestions for further cultivation of the mediation environment based on his experience as a registered mediator and a study of foreign mediation practice. Key words: mediation, code of ethics, alternative dispute resolution, ADR
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Concentration of proceedings
Buchtová, Andrea ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Concentration of proceedings Abstract The concentration of proceedings is a key instrument of the modern civil procedure. The purpose of the concentration of proceedings is to expedite civil litigation by establishing a factual and evidentiary 'stopstate', i. e. the latest moment by which factual submissions and motions to take evidence may be made. In this way, the concentration of proceedings is intended to effectively prevent the parties from bringing new statements and new evidence into the proceedings after the effects of the concentration of proceedings have taken effect, thereby contributing to a more expeditious conduct of the proceedings. The aim of this diploma thesis is to analyse and evaluate valid and effective legal regulation of the concentration of proceedings in the legal system of the Czech Republic and to reflect on its possible changes, including an attempt to outline certain controversial issues of the concentration of proceedings and to present the possibility of their solution. In order to achieve this goal, the text of the thesis is divided into five chapters. The first chapter is devoted to a general definition of the concept and purpose of the principle of the concentration of proceedings. The second chapter introduces the principles of the modern civil procedure, which are related...
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Representation in civil proceedings
Kodetová, Kristýna ; Frintová, Dita (advisor) ; Dvořák, Bohumil (referee)
Representation in civil proceedings Abstract The thesis deals with legal regulation of representation in civil proceedings. The text analyses this traditional legal construct, evaluates legal regulation currently in effect as well as legal regulation indicated in the new Civil Procedure Code proposal, and presents de lege ferenda proposals. The thesis begins with an introduction, in five chapters it deals with general questions related to representation, representation based on Act, representation based on the power of attorney, representation on the basis of the court decision, obligatory representation by an attorney, and ends with a conclusion. The chapter on general questions related to representation covers the meaning of representation, providing evidence of the right to represent a party to proceedings and conflict of interests. The chapter on representation based on Act is divided into two sub-chapters: representation based on Act in order to remedy a lack of procedural conditions and representation based on Act in order to protect a party to proceedings. Thoughts on the definition of capacity to take part in proceedings are included in this chapter. The chapter on representation based on the power of attorney outlines analysis of the right to choose a representative, the power of attorney as...
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The Rights and Duties of natural Persons during Proceedings on Discharge of the Debt
Šůsová, Táňa ; Frintová, Dita (referee) ; Smolík, Petr (referee)
The rights and duties of natural persons during proceedings on discharge of the debt Abstract The main aim of the thesis is to describe the institute discharge of the debt that is defined in the Act No. 182/2006 Coll., on Bankruptcy and its solution (Insolvency Act). The thesis analyses the discharge of the debt from the perspective of the debtor, natural person. The thesis presents a status of the debtor, his rights and duties during insolvency, respectively presents the discharge debtor of his debt. The purpose of the thesis is to describe valid legal regulation, the description of the court decisions in the use of the Insolvency Act, the expert's opinions and the problems with the imperfection of the Insolvency Act, in the part of the discharge of the debt. In the first part, the thesis characterizes the history of the insolvency act and discharge of the debt in the Czech countries since 18th century. Next chapter defined some terms for the thesis important. Specifically, there is defined the term of the debtor. With regard to the discharge of the debt as one of debt-eliminating modes of solving bankruptcy of the non-businessmen's person, the thesis analyzes the term of non-businessmen's person in one of the subchapter. There are defined next terms, guarantor, co-debtor, the term of husband or wife of...
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