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Appellation and cassation in civil procedure
Šlédrová, Kristýna ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
In my diploma thesis I am concerned with the regulation of legal remedies with regard to the use of two principal correction systems - appeal and cassation system. The purpose of my thesis is to give the theoretical explanation of these two systems, the overview of their practical application in the czech legal system and a brief insight into the austrian legal system. The reason for my choice of this topic is the substantial change in the legal regulation of our Civil Procedure Code in the last ten years. My thesis is composed of an introduction, six chapters, and a conclusion. Chapter One defines the terminology used in the thesis and describes the development of legal remedies from czech legal perspective. The Chapter is subdivided into four parts. Part One explains the concept of correction proceeding. Part Two circumscribes the construct of legal remedies. Part Three describes the history of legal remedies. Part Four deals with contemporary regulation of legal remedies. We have only one regular legal remedy, which is appeal. Besides that we have three types of irregular legal remedies. Chapter Two gives the definiton of the correction system. This Chapter consists of four parts. Part One gives a general outline of correction systems. Part Two deals with the appeal system, which means that the...
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Supreme Court and its Role in the Court System
Stočesová, Dita ; Macková, Alena (referee) ; Smolík, Petr (referee)
93 Supreme Court and Its Role in the Court System Summary The target of my diploma work titled "Supreme Court and Its Role in the Court System" is in particular to inform the readers about the activities, functions and composition of the supreme body of judicial power and to analyse the individual unifying functions of the Supreme Court, i.e. crucial functions from the viewpoint of unification of the decision-making practice of courts of lower instance. I believe that this work provides a complex view of these issues to the readers and contributes to understanding of the essence of this supreme judicial institution and enables the readers to make their own ideas how the Supreme Court is successful in pursuing its mission in a legal state. My diploma work consists of six chapters. The first chapter contains a definition of the Supreme Court of the Czech Republic and a historical outline of its most important stages in the development of decision-making activities since the establishment of the Czechoslovak Republic. The second chapter includes information for the reader about the internal organization of the Supreme Court, which enables the reader to better understand which collective bodies decide on individual matters under the powers of the Supreme Court of the Czech Republic and what is the composition...
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A notary in inheritance proceedings
Lebedová, Martina ; Pohl, Tomáš (referee) ; Macková, Alena (advisor)
87 The Role of Notary in Inheritance Proceedings Notary is a person, who makes a lot of legal activities, legal documents and legal agreements. One of his activity is an activity during the inheritance procedure. I am very interested in the Civil law and I think, that the inheritance proceedings is really important for all person, because It is the proceedings, which starts always, when somebody die. This is one of the reasons, why I decided on this question. Firstly, I engaged in the historical development of the notary. Secondly, I defined the term of "Notary", according to the relevant Czech legislation and I defined the principles of the inheritance procedure. In the following chapters I focus on the role of a notary in the inheritance proceedings. The premise to start inheritance proceedings is the death of a personal entity. Only then a notary is appointed by court to incapacitate for single acts in the inheritance proceedings. At first I determine the basic principles of such a procedure as they are important for both the court and the notary. Next, I describe the aspects according to which the court appoints a notary and how to cognize a notary within the inheritance procedure. I determine the participants to the proceedings, for only with those can the court as well as the notary proceed within the...
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Legal status of the judge within the legal order of the CR
Zlatníková, Miroslava ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
115 Resumé Legal status of the judges in the legal order of the Czech Republic The purpose of my thesis is to analyse legal status of the judges in the legal order of the Czech Republic and to review actual questionable opinions on this theme. The reason for my research is my longtime interest in the function of judge. The thesis is composed of two parts, each of them dealing with different aspects of status of judge. Part One deals with legal status of judges in the legal ordre of the Czech republic. This part is subdivided into five chapters. Chapter One characterises the status of judge in general purport. Chapter Two analyses the legal requirements for becoming a judge. This chapter explains the selection procedure to be judicial candidates. The chapter refers to the legal status of judicial candidates in France and in the Netherlands.Then, it is focuses on appointment of judges in context of addition to age. By the amendment of Act No. 6/2002 Collection of Law the minimal age of judge is thirty years. The President Václav Klaus in 2005 refused to appoint the judicial candidates who have not been of this age. Chapter Three examines discretions and duties of judges. The chapter consist of four subchapters. The first subchapter concentrates on problems resulting from the pro- fessional qualifications of...
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