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Collective (group, mass) actions and their trying
Benko, Jan ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Collective (group, mass) actions and their trying Abstract With regard to both global and national developments, it is necessary to respond to the societal changes brought about by it in the field of private law. One of these changes is also the mass of legal relationships consisting of the existence of a large number of almost identical rights and obligations between one or more entities on the one hand and thousands and millions on the other. In practice, new problems arise, such as overloading the courts, enormous costs of proceedings, recurring evidence, and so on. And these problems represent challenges that intitutes of collective rights protection, generally reffered to as collective actions, has to cope with. These include group action, representative action, test-case action, public group action, and so on. The prototype of all these actions is U.S. class action with deep historical roots, which has become the most used and the most famous. Also, in many other countries of the world and Europe, collective actions have been introduced in various forms, often inspired by U.S. class action. Collective protection of rights has been unresolved topic without the prospect of a comprehensive legislative framework until recently, but now the situation is different and the civil procedural law will be...
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Inheritance procedings with focus on resolution of succession disputes
Benko, Jan ; Smolík, Petr (advisor) ; Frintová, Dita (referee)
INHERITANCE PROCEEDINGS WITH FOCUS ON RESOLUTION OF SUCCESSION DISPUTES Key Words: inheritance proceedings, succession disputes, resolution of succession disputes Although the inheritance proceedings is a regular agenda of just one of all the legal professions in the Czech Republic - notaries - it is recommended to pay attention to it by other members of the legal community at least to the extent so that they have a general overview of it. This knowledge then might be found useful not only in a professional career but also in the private sphere. Attorneys must possess this knowledge considerably wider and deeper, because while representing their clients before a notary as a judicial commissioner may and actually do arise disputes over being an heir of a deceased individual, what an estate of the deceased individual include or not etc. The aim of this thesis is, in particular, to expound to the wider professional public inheritance proceedings, to provide general overview of its regular process and possible difficulties that may appear, to point out potential succession or other related disputes, and to help members of the notary community with their day-to-day business and unified and clear resolution of succession disputes arose in inheritance proceedings. The first part of this thesis is devoted to the...
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Collective (group, mass) actions and their trying
Benko, Jan ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Collective (group, mass) actions and their trying Abstract With regard to both global and national developments, it is necessary to respond to the societal changes brought about by it in the field of private law. One of these changes is also the mass of legal relationships consisting of the existence of a large number of almost identical rights and obligations between one or more entities on the one hand and thousands and millions on the other. In practice, new problems arise, such as overloading the courts, enormous costs of proceedings, recurring evidence, and so on. And these problems represent challenges that intitutes of collective rights protection, generally reffered to as collective actions, has to cope with. These include group action, representative action, test-case action, public group action, and so on. The prototype of all these actions is U.S. class action with deep historical roots, which has become the most used and the most famous. Also, in many other countries of the world and Europe, collective actions have been introduced in various forms, often inspired by U.S. class action. Collective protection of rights has been unresolved topic without the prospect of a comprehensive legislative framework until recently, but now the situation is different and the civil procedural law will be...
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