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The issue of costs in civil contentious proceedings
Filousová, Zuzana ; Frintová, Dita (referee) ; Pohl, Tomáš (referee)
The created thesis deals with the issue of costs in civil contentious proceedings. There are explained in detail the provisions of § 137 to § 151 of the Civil Procedure Code, while there is also an explanation of the difference between the obligation to pay costs and to bear, while a significant part of the work deals mainly with the obligation to reimburse the costs. In this work there are discussed in detail individual types of costs under the illustrative list in § 137 of the Civil Procedure Code and not even the explanation of the difference between the cost of court proceedings and the costs associated with the application claims is omitted.
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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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The Legal Institute Settlement with Regard to Act No. 89/2012 Coll., Civil Code
Spálovská, Tereza ; Hendrychová, Michaela (advisor) ; Frintová, Dita (referee)
The purpose of this work is to think about the legal institute settlement from a general standpoint, first of all describe its conception, meaning of this conception in civil law and afterwards introduce the specific ways of settlement in detail according to Czech Civil Code effective today and Civil Code effective in future. The work is divided into five chapters. Chapter One introduces and defines the legal institute settlement as a one of the most significant institutes of civil law in property relations field. Chapter Two is called Settlement of (shared) co-ownership and is divided into six subchapters. The first part explains what co- ownership means in civil law. The second part deals with the formation and termination of co- ownership. Settlement is necessary after the dissolution of co-ownership. Hence the third part and fourth part describe the ways of settlement. It is possible by means of agreement between the co-owners or by means of judgment. The fifth part deals with the ways of settlement by means of judgment. Last part describes the co-ownership and its settlement in light of the Civil Code effective in future. Chapter Three is devoted to the settlement of community property and consists of ten subchapters. The first and second part deal briefly with the legal form of organization of...
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Succession disputes
Švihlíková, Kristina ; Macková, Alena (advisor) ; Frintová, Dita (referee)
Succession disputes and the solutions thereto are interesting topic that affects succesion law and which is joined with the death of an individual and with the succesion to his or her property. The aim of this work is to outline the possible disputes not only in probate proceedings, but outside of it and the regulation of protection of legitimate heirs from my point of view as an employee of the notary (public).
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Decision-making of the Constitutional Court of the Czech Republic and its impact upon civil proceedings
Bartoš, Jan ; Winterová, Alena (advisor) ; Frintová, Dita (referee)
Name of the text, you are holding in your hands, could be well translated as "Decesion making of Czech Constitutional Court and its influence on civil procedure." It consist of three very separate parts, each of them following its own topic, linked up together only with major role of Constitutional Court (further "CC"). First chapter is dedicated to a slightly controversial case, which has been widely publicly discussed. The topic is strictly procedural, it refers to the possibilty of higher courts to remove and assign single cases to different judge/panel of judges. Although under certain circumstances allowed, in this case it seemed to be an unjustifed violation of art. 38 par. 1 of Letter of human rights and I conclude arguments, which could justify such restrictive process. Second one is following last ten years of interventions in Code of Civil Procedure, namely in regulation of review of appeal. In the first part are described reasons, why CC consider decision with missing justification unconstitutional and accordingly declares corresponding part of Code of Civil Procedure unconstitutional. In second part I analyze long-term contrary judgements of CC and Czech supreme court on admissibility of review of appeal which resulted in major part of regulation being declared unconstitutional. I...
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Enforcement of judgment under the Execution Procedure Code - general aspects of the execution proceeding
Ceralová, Tereza ; Frintová, Dita (advisor) ; Macková, Alena (referee)
Enforcement of judgment under the Execution Procedure Code - general aspects of the execution proceeding In my study I deal with the issue of execution proceeding and at the same time I focus on its general part. The legal regulations with respect to execution through court executors represent a fairly new concept in the Czech Republic which had been substantially developing during its ten - year "history". In my thesis I pay specific attention to those provisions with difficult and problematic interpretation in judiciary practice and also to amended enactments of Execution Procedure Code. My study is divided into several chapters. First chapter is logically the introduction that along with the second chapter attempts to make the reader familiar with the issue of execution proceeding. The third chapter forms the most important part of my study, since it describes the actual execution proceeding. The fourth chapter concerns relatively delicate subject namely adequacy of the execution and also the various types of execution. The fifth chapter of my paper should summarize the so far essential amendments of the Execution Procedure Code from its adoption till the present day. In the sixth chapter I would like to inform about the upcoming major amendment of the Execution Procedure Code, which is being...
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Evidence in civil lawsuit for damages
Valuš, Antonín ; Macková, Alena (advisor) ; Frintová, Dita (referee)
1 Abstract Evidence in civil lawsuit for damages The issue of evidence in the civil lawsuit for damages is a topic containing a significant number of questionable points and legislator's inconsistencies, which are complementing by the judicial practice of courts. The aim of this paper is to provide a comprehensive interpretation of the specifics of evidence in the civil lawsuit for damages with the emphasis on issues which arise from the practical application of relevant legal acts.
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Adoption as a substitute form of family
Ryslová, Kateřina ; Frintová, Dita (advisor) ; Hendrychová, Michaela (referee)
1 Abstract The presented thesis with the title of the "Adoption as a substitute form of family" deals with most ideal form of surrogate parental care, the adoption. The introductory chapter captures history of the institute, its gradual development and changes in the understanding of its meaning and significance. The following chapters are devoted to actual legal regulations of this institute. The last chapter deals with future situation, which is currently the most actual. In this last part of my thesis trying a critical evaluation of actual legal regulations and its comparison with future legal regulations. With planned recodification also related penultimate chapter of the work, where actual legal provisions regarding an adpoption in Czech republic are compared with the corresponding provisions in the Federal republic of Germany. One of the reason why I have included this chapter in this work is fact, that legislation of Federal republic of Germany was one of the patterns for our upcomig private code. The real goal and purpose of this thesis is mainly an effort, by the case law and real stories, to reveal and bring to a wider public awareness of illegal practices, to which the children are learning and which the most suffers just adopted children. These practices are becoming more common in our society,...
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The appeal in the civil legal proceedings
Šmídová, Marta ; Frintová, Dita (referee) ; Smolík, Petr (referee)
The work deals with the appeal as the only proper legal remedy in the civil legal proceedings. After the general characterization of the appeal the work analyses the conditions of admissibility and inadmissibility of the appeal in the law given cases. The work proceeds to deal with the effects of the submitted appeal, the renouncement and the abandoning of the appeal. The attention is also paid to general and special requirements of the appeal and to the conditions under which new facts and proofs can be asserted. The most comprehensive chapter has to do with the very appellate proceedings. There is a description of the work of the court of first instance and the one of appeal in the appellate proceedings, and furthermore quantitative and qualitative range of the appeal review. The explanation of the evidence process in the appellate proceedings, the duty of notice of the appellate court and the way of hearing an appeal is treated as well. In addition there is a special chapter that describes the way an appellate court reaches a decision. The ending of the work is devoted to the costs of the appellate procedure and the author's recommendations de lege ferenda.
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Court decisions on costs in civil procedure
Filipová, Tereza ; Frintová, Dita (advisor) ; Smolík, Petr (referee)
The object of this thesis is to capture the issue of court decisions on costs of civil proceeding. The purpose of the work is to take possible solutions whose application could lead to subsequent improvement of courts'desicions on costs and simplifying the decision making process. Furthermore, legislation in the Czech Republic is beeing analyzed. Apart from that, the thesis deals itself with the basic principles of decisions on the costs supported by case law which can be applied in judicial practice. Attention is also focused on theoretical questions of costs - the types of costs, the issue of legal fees, compensation of costs, decision making process, procedural economy and the bill of costs. Apart from that the subject of my interest are specific cases from practice courts, which are legally interesting or controversial. In addition to that, I pursue the field of legal aid, which is compared with its equivalents in the Federal Republic of Germany and Slovak Republic.
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