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Comparison of Czech and Spanish regulation of representation in civil proceedings
Tomíčková, Nikola ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Comparison of Czech and Spanish regulation of representation in civil proceedings The objective of this thesis is to examine the fundamental aspects of Czech and Spanish regulation of representation of the parties to civil proceedings through a comparison of said regulations and to answer the set research questions. Examining the institute of representation in civil proceedings is topical due to the ongoing work on the new Code of Civil Procedure given that it is likely the regulation of representation will undergo substantial changes compared to the current regulation in the Code of Civil Procedure currently in effect. In this context, the presented thesis answers the question of how similar the regulations are, in which areas they show similarity and whether, or in which specific areas, the current Spanish regulation can serve as an example and inspiration for future Czech regulation. The first two chapters of this thesis explore the basic elements of the Czech and Spanish regulation of representation in civil proceedings respectively. To give some context, the concepts of civil court proceedings, representation and representation in civil proceedings are first briefly explained in each of the chapters. The thesis then goes on to examine the institute of representation from the point of how it...
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Procedural acts of the Parties to the Proceedings
Havlíková, Anna ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Procedural acts of the Parties to the Proceedings Abstract The submitted diploma thesis is devoted to procedural acts of the parties to the proceedings, which we understand as every expression of will of a party to the proceedings as a result of which a civil procedural relationship arises, changes or ceases. As the title of the thesis suggests, main focus of the thesis are procedural acts of the parties to the proceedings, not participants in the proceedings. The term used in the current legislation is "participant in the proceedings", not "party to the proceedings", however, for the purposes of this thesis, the term "parties to the proceedings" denotes parties to the contentious proceedings, i. e. the claimant and the defendant. According to the author of this thesis, the term "party to the proceedings" better reflects the adversarial position of the parties to the proceedings defending their conflicting interests in the proceedings. In conclusion, the subject of this thesis are procedural acts of the parties to the contentious proceedings, i. e. the claimant and the defendant. This diploma thesis is divided into six chapters. The first chapter contains a definition of terms procedural acts and parties to the proceedings. The second chapter is devoted to the requirements of procedural acts of the parties...
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Constitutive legal actions
Hendrychová, Veronika ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Constitutive legal actions Abstract The topic of this thesis are constitutive legal actions, which are recognised as a separate category of actions in theory and are even envisaged to be explicitly enshrined in the law in the future. In contrast to actions for performance or actions for a declaration, constitutive actions are aimed at the issuance of a constitutive decision that creates, modifies or terminates a substantive legal relationship. Except in exceptional cases, where analogy may be considered, such constitution of legal relations requires express statutory authorisation. This is the basis for the specific status of constitutive legal actions and the proceedings in respect thereof. Even though constitutive actions have many specific features, they are treated as classic contentious proceedings. These specific features include especially the modification of the dispositive principle, the application of the investigative principle and the absence of adversarial status of the parties. Nevertheless, these specific features in fact negate the very nature of contentious proceedings and the legislation does not provide a suitable solution for them. The referred to specific features are thus used in this thesis as one of the keys to answering the question whether constitutional actions should indeed be...
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The position of a judge with a focus on acces to the profession of judge
Borovcová, Martina ; Macková, Alena (advisor) ; Dvořák, Bohumil (referee)
Status of a Judge with a Focus on the Approach to the Judicial Profession - Abstract This rigorous thesis deals with the legal regulation of the creation of the office of judge in response to the amendment to Act No. 6/2002 Sb., on courts and judges, implemented by Act No. 218/2021 Sb. effective from 1 January 2022. To evaluate the legal regulation of the appointment of judges, it is based on the definition of the concepts of judiciary, court and judge, describes the basic tasks of courts and the prerequisites for their proper functioning. The thesis defines independence as a fundamental aspect of the proper functioning of courts and judges. It deals with the concept of independence and its guarantees. It concludes that the method of appointing judges influences and is also a guarantee of this independence. In connection with independence of the judiciary, it also mentions the influence of the executive branch on the selection and appointment of judges. It analyses the legal regulation of approach to the office of judge valid until 31 December 2021, including a description of historical context to clarify the continuity of the legal regulation with social development. It describes attempts to unify the method of selecting candidates for judicial office. The main part of the thesis is devoted to the new...
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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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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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The Position of Secured Creditor in Insolvency Proceedings
Barták, Milan ; Smolík, Petr (advisor) ; Dvořák, Bohumil (referee)
The topic of this thesis is the position of a secured creditor in an insolvency proceedings in the framework of a specific type in a civil, judicial process. The subject of this proceedings is a debtor and his insolvency (or his potential insolvency) and the solution of his insolvency. The aim of this paper is to analyze the role of a secured creditor whose credit claim is specifically set out and secured with an asset that forms a part of an asset registry of the insolvency proceedings in the Czech Republic, based on the applicable law of Insolvency Act and specialized literature, as well as the relevant code of justice, which plays an important role in the interpretation of legal standards of Insolvency Act. The aim of the author is to draw attention to selected sections of the insolvency proceedings and further analyze selected questions and categories of the insolvency proceedings, directly relating to the secured creditor in individual phases of the insolvency proceedings, from the beginning until the credit of secured creditor is recovered.
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Selected Problems of the Contemporary Enforcement Procedure and Their Solutions for the Future
Řehák, Filip ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Selected Problems of the Contemporary Enforcement Procedure and Their Solutions for the Future Abstract in English Language The topic of the diploma thesis is selected problems of the contemporary enforcement proceedings in the Czech Republic and their potential solutions for the future. The aim of the diploma thesis is to analyse, describe and critically evaluate the valid and effective legal regulation of enforcement procedure de lege lata and then offer the reader a comprehensive reflection on various alternatives to the domestic legal system de lege ferenda with a comprehensive description of the positives and negatives of possible solutions. The diploma thesis consists of an introduction, four chapters and a conclusion. The first chapter introduces the reader to the methodology of the presented text, which is based on the content of individual chapters. The second chapter focuses on the theoretical basis of the enforcement procedure and presents the reader with the fundamental legal framework on which the following text will be based. Emphasis is placed primarily on the division of enforcement procedure as one of the types of civil proceedings and the identification of relevant legal sources. Attention is paid to the division of the two types of enforcement procedure. The third chapter attempts to...
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Class Actions
Karim, Martin ; Dvořák, Bohumil (referee)
Class Actions Abstract This thesis deals with class actions. These are currently (and rightly so) a much-discussed topic. On March 6, 2020, the government submitted a government bill on collective proceedings, which is controversial, primarily due to its inspiration in the American class action lawsuit. The main thorn in the side of the bill's critics is that the government proposal includes the opt-out proceedings, i.e. the type of proceedings that forces the class members to deregister. It is present in the current proposal along with the opt-in proceedings, which are guided by the opposite principle. This thesis examined, in particular, the appropriateness of adopting collective proceedings into the Czech legal order and the potential problems that the proposed arrangement may cause. Regulations on collective redress in the US (which has been an original idea source for the government bill) and the Netherlands (which shares some aspects with the current version of the bill after its January amendment) were also examined. From the methodological point of view, analytical, normative, comparative, and synthetic approaches were mainly used in this thesis. First, an analysis of legislation, literature and case law was performed. The current government bill on collective proceedings was extensively commented...
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Legally Philosophical Aspects of Searching for Truth in Civil Procedure
Gazda, Viktor ; Dvořák, Bohumil (referee)
Legally Philosophical Aspects of Searching for Truth in Civil Procedure DIPLOMA THESIS Viktor Gazda Abstract The aim of this thesis is to discuss certain legally philosophical aspects of fact- findings in civil procedure. In a simplified way, this work is focused on exploring the possibility of determining the value of truthfulness of quaestio facti when applying law. The six chapters of the work include three basic themes. The first one examines the reflection of the philosophical concepts of truth in the process of determining the facts of a case, the second one clarifies the nature of the ideological aims of fact-findings in the form of principles of formal and substantive legal truth and the third topic deals with the nature of a judge's beliefs in the truthfulness of factual claims and the role of probability in the judge's belief At first I briefly present the phenomenon of truth in a wider philosophical context so that I can then proceed to outline the selected theories of truth. After explaining the basic essence of the legal procedural principles which have the greatest impact on the process of finding the facts, I pass, in another part of the thesis, to the very analysis of these principles through the prism of selected theories of truth. The reflection of the philosophical concepts of...
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