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Extraordinary remedies in the civil procedure system]
Bělohoubek, Karel ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
[Extraordinary remedies in the civil procedure system] Abstract This thesis deals with the Czech system of extraordinary remedies in civil proceedings, not only with their historical genesis and current functioning, but also with a focus on current issues related to them, especially in connection with the forthcoming recodification of civil procedure. The thesis is structured into chapters and is divided into a general part and a special part. In the general part, which includes chapter one, the author attempts to define the basic issues of extraordinary remedies and their distinction from ordinary remedies. Attention is thus paid to the subject of legal force, systems of appeal and the definition of types of defects in decisions, which can be used to distinguish one extraordinary remedy from another. The general part also includes a historical excursion into the legal regulation from the Civil Procedure Code of 1895 to Act No. 404/2012 Coll., which fundamentally changed the admissibility of appeals. The general part concludes with a clarification of the issue of the competition of extraordinary remedies and a comparison with the Slovak system in the light of the current recodification of civil procedure here. The special part, which includes chapters two to six, is introduced by a description of the...
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Assessment of the creditworthiness of a consumer in insolvency proceedings
Tetera, Filip ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
1 Assessment of the creditworthiness of a consumer in insolvency proceedings Abstract This diploma thesis deals with a creditor's obligation to assess a consumer's creditworthiness with due professional care before concluding a consumer credit agreement, or alternatively amending such an agreement consisting of a significant increase in the total amount of consumer credit imposed on the consumer credit provider by Act No. 145/2010 Coll., on consumer credit, or Act No. 257/2016 Coll., on consumer credit. Enshrining this obligation in the aforementioned laws is one of the manifestations of consumer protection in our legal system. The primary goal of this obligation is to protect the consumer, who, compared to consumer credit providers, certainly lacks professional, and in particular legal and economic, knowledge and experience in the field of consumer credit provision, as well being materially and personally equipped as regards disproportionate and reckless borrowing. Over-indebting of households negatively affects not only the consumer as an individual, on whom the negative consequences fall existentially, but also the Czech Republic as a state, and ultimately also creditors from consumer credit contracts, i.e. ultimately they are also protected by regulation and compliance with the obligation of providers...
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Liquidation of the inheritance from the point of view of procedural subjects
Nešněrová, Karolína ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Liquidation of the inheritance from the point of view of procedural subjects Abstract Liquidation of the Inheritance from the Point of View of Procedural Subjects," focuses on the procedural subjects involved in the process. The aim of this work is to clearly state who participates, when they become a participant, how their participation affects the proceedings, what obligations they have under the law, and what rewards they receive for their participation. The area of law pertaining to the liquidation of estates has undergone considerable recodification, bringing about numerous changes. The liquidation of an estate is a broad topic. In the introduction of this work, the author acquaints the reader with the reasons that led them to choose the given topic. The work is divided into seven chapters, each of which contains subchapters. Chapter one provides an introduction to probate proceedings, outlining the individual steps taken after the death of a person, while defining the concept of liquidation of the estate and explaining its purpose. Chapter two deals with the ordering of the liquidation of the estate and the procedural prerequisites that must be met for the court to order liquidation. The author also discusses the content of the decision and its effects. Chapter three is important as it describes who...
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The activity and importance of a notary in inheritance proceedings
Kroupa, David ; Sedláček, Miroslav (referee)
The activity and importance of a notary in inheritance proceedings The topic of this rigorous thesis is the function and significance of the notary in the inheritance proceedings with a focus on activities aiming to fulfil the main goals and implementation of these functions in the inheritance proceedings as well as the clarification of the decision-making activities. The main objective of this rigorous thesis is to provide its reader an overview of issues related to the inheritance proceedings, specifically concerning the main objectives and functions of these proceedings as well as the decision-making activities and the importance of the notary. In accordance with the set objective, the core of the rigorous thesis is focusing on the activity of a notary fulfilling the main functions in the inheritance proceedings, i.e. on his legitimating and property function. Furthermore, the thesis concerns the decision-making function of the notary, as well as the decision-making process of the court in the inheritance proceedings or more precisely the decisions representing the result of this activity. The rigorous thesis has a following structure. It begins with its introduction. Furthermore, it is divided into five chapters which are subsequently divided into detailed and interconnected chapters devoted to...
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Procedural Role of the Insolvency Trustee
Matuška, Dominik ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Procedural Role of the Insolvency Trustee Abstract The subject of this rigorous thesis is the procedural status and role of the insolvency trustee as a sui generis procedural subject appearing in insolvency proceedings, which represents a special type of civil process that is characterized by the collective nature of enforcement and (partial) satisfaction of the debtor's creditors' claims and simultaneous settlement of the debtor's property relations according to the chosen method of bankruptcy resolution. The aim of the thesis, as its title suggests, is not a general description of the insolvency proceedings, however a thorough analysis of the procedural role and duties of the insolvency trustee during the performance of his obligations in insolvency proceedings. I try to achieve the stated goal by interpreting relevant legal regulations, Czech and foreign expert literature, relevant practice of the higher courts of the Czech Republic, and in some parts of the thesis I also provide my own thoughts and opinions on the given issue. The actual text of the thesis consists of an introduction, three main chapters, which are further divided into sub-chapters at several levels, and a conclusion, where the most important findings discussed in the text of the thesis are summarized. In the first chapter, as part of a...
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The proceedings in case of violation of antidoping rules
Čermák, Ondřej ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
1 The proceedings in case of violation of antidoping rules Abstract This paper deals with the proceedings, which are related to the amendment of the World Anti- Doping Code in 2021 and the related issuance of the updated Directive for the Control and Punishment of Doping in Sport in the Czech Republic (hereinafter referred to as the "Directive"), in the case of anti-doping rule violations. These rules are characterised by the fact that they contain both substantive and procedural provisions. It is these procedural provisions, which are adhered to in the proceedings in case of anti-doping rule violation, that this paper deals with in more detail. It is a sui generis procedure in its nature containing elements of both private and public law. Until the end of 2020, the bodies of first instance of the decision-making system were the national sports federations, respectively their disciplinary bodies. Subsequently, the power in such cases was transferred to the National Court of Arbitration for Sport by the Czech Anti- Doping Committee in 2022 and thus ever since the entire process of adjudicating doping disputes in the Czech Republic is held by this newly created body. It is a hybrid body on the borderline between private and public law, whose legitimacy must be derived from the hierarchical structure of...
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Selected aspects of the right to fair trial in civil proceedings
Král, Kristína ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
1 Selected aspects of the right to fair trial in civil proceedings Abstract Rigorous thesis titled Selected aspects of the right to fair trial in civil proceedings focuses on introduction of the aspects of the right to fair trial on the constitutional level as well as specifically in the context of civil proceedings. The historical circumstances of the origins of the right to fair trial in the different jurisdictions and the establishment of the right to fair trial in the Czech legal system are explained. Definition of each aspect of the right to fair trial in legislation and case law is presented with a stress on the importance of each aspect for civil proceedings. Four aspects of the right to fair trial are given special attention. These are the independence and impartiality of the court and of the judge, the right to a legal judge, the equality of arms and the judicial economy. The current legal definition is introduced in relation to each selected aspect. Then, the factual fulfilment of the aspect is analysed and when relevant a consideration is given to possibilities of applicable remedies. In relation to the first two aspects (closely related to the judges) a special focus is aimed at the impacts of individual judges' behaviour on the public's view of the justice system. The fulfilment of the equality...
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Institute of debt relief in the light of amendments of the Insolvency Act
Majerová, Kristýna ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Institute of debt relief in the light of amendments of the Insolvency Act Abstract The rigorous thesis is aimed at a thorough analysis of the debt relief process from the perspective of a judicial assistant of an insolvency court judge, not only in theoretical but especially in practical terms. Individual chapters correspond to the systematisation of the Insolvency Act, while taking into account the shortcomings of the legislation that lead to interpretation or application difficulties in insolvency practice. A key role in this respect is played by case law, which further regulates and unifies some institutes, while contributing to the excessive formalism of judicial practice in other cases. The thesis is structured into seven chapters that provide a comprehensive view of the process of debt relief. The first one focuses on the basic principles, concepts and sources of legal regulation, including the so-called Lex Covid laws. Insolvency law is a very distinct branch that has undergone a really dynamic development in recent years. In this respect, a significant role was played primarily by the so-called debt relief amendment, which fundamentally redefined the conditions of debt relief in favour of debtors. The concept of chapters two to five corresponds to this. They take into account the continuous process...
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Preliminary injunctions in civil proceedings
Holubková, Nikola ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Preliminary injunctions in civil proceedings Abstract This diploma thesis deals with the issue of preliminary injunctions in civil proceedings, which are a means of achieving the fastest possible but only temporary protection of a endangered or violated right. Preliminary injunctions have a special function in the civil proceedings, and therefore their legal regulation includes special rules that differ from the regulation of ordinary proceedings. The thesis aims to explain the theoretical foundations of preliminary injunctions, to describe and interpret the current legal regulation of preliminary injunctions and the preliminary injunction proceedings contained in the Civil Procedure Code, but also to highlight the problematic issues of the procedure and the legal regulation and to suggest a suitable solutions. As for the structure, this thesis is divided into three parts. The first part summarizes the historical development of preliminary injunctions in the Czech legal system. The second part is theoretical and deals with the concept, purpose and characteristics of preliminary injunctions, the system of legal regulation, types of preliminary injunctions and the principles of preliminary injunctions proceeding. The third (last) part interpret the current legal regulation of preliminary injunctions. It...
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Obligations of an attorney in his professional practice
Boukalová, Kateřina ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Obligations of an attorney in his professional practice Abstract This thesis deals with the obligations of an attorney in his professional practice, which derive from legal and professional regulations. The goal is to comprehensively describe and interpret the individual obligations and thus create a comprehensive overview of them. At the same time, the work aims to critically evaluate the problematic aspects of the selected obligations and possibly propose a solution de lege ferenda. The methods of description and analysis are mainly used to achieve the set goals; other methods are interpretation and deduction. The work is divided into four chapters. In the first chapter of the thesis, basic concepts were defined, i.e., the concept of advocacy and the provision of legal services. The current legislation was also presented, and attention was also paid to the legal prerequisites for the practice of advocacy, the possible forms of the practice of advocacy and the independence of the advocate as a basic pillar of advocacy. Part of this chapter was also a description of some attorney's rights. The lawyer's right to remuneration was critically evaluated. The second and, at the same time, pivotal chapter focused on an attorney's individual obligations, which result from legal and professional regulations during...
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