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The implications of inheritance proceedings on the substitution of parties in civil proceedings
Ladman, Michal ; Zahradníková, Radka (advisor) ; Střeleček, Tomáš (referee)
1 The implications of inheritance proceedings on the substitution of parties in civil proceedings Abstract This thesis aims to provide a comprehensive overview of the intersection of the statutory regulation of inheritance proceedings and the substitution of parties in civil proceedings, which are inextricably linked. In specific cases, the initial settlement of the succession proceedings is essential for determining the successor in title. The court in civil proceedings must wait until the judicial commissioner has carried out the necessary acts and can pass a final resolution on the estate. For this thesis, the following questions are posed: What is the current legal regulation of substitution of parties when one of the parties loses their qualification to be a party in civil proceedings? How may inheritance proceedings end? What are the implications for the substitution of parties in civil proceedings? Description of the current legislation and an analysis of specific legal institutes or a synthesis of individual provisions used to conclude the impact of the probate proceedings are used the most to achieve the aim of the thesis. The thesis is divided into four interrelated areas. The introduction, which contains the objectives and a summary of the intended content of the thesis, is followed by a more...
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The Enforcement of Court Settelements
Šamlot, Jan ; Zahradníková, Radka (referee)
The Enforcement of Court Settlements Abstract The topic of this thesis is the enforcement of court settlements. Court settlement is an institute, which, although it is a traditional part of civil procedure, does not receive enough attention. The absence of any detailed analysis of the court settlement is even more surprising considering that currently chosen structure of the court settlement in the Czech Code of Civil Procedure (OSŘ) is very problematic and raises the great amount of the theoretical questions, from which some of them are capable of causing troubles in practice. At the same time, the problematic aspects increase also in terms of the enforcement of the court settlement. With regard to the above, this thesis primarily maps the historical development of the court settlement in the legal territory of today's Czech Republic in order to clarify the basic principles and better understanding of this institute at present. After the historical part, the thesis deals with the court settlement as an institute and his positive legal definition in order to point out the interpretation problems in certain aspects and also to mention their possible consequences. Furthermore, the thesis presents possible solutions to the selected problems and simultaneously, where appropriate, compares the legislation with...
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Protection and defence of the debtor in execution and in judicial enforcement of judgement
Zimmermann, Jaroslav ; Střeleček, Tomáš (advisor) ; Zahradníková, Radka (referee)
Protection and defence of the debtor in execution and in judicial enforcement of judgement Abstract This master's thesis focuses on the protection and defence of the debtor in execution and in judicial enforcement of judgement. It aims to provide a comprehensive discussion of the above mentioned issue and to highlight its shortcomings and debatable areas, while taking into account the differences between execution and judicial enforcement in terms of protection and defence of the debtor. The work is divided into three thematic parts, each of which is further divided into individual chapters and subchapters. The first part deals with the historical and general background of the protection and defence of the debtor. Modern history is not only important for tracing the development of particular legal provisions across historical events, but it is also a resource for a better understanding of contemporary law. General starting points in the form of constitutional foundations and procedural principles provide the terminological core of all subsequent parts of the thesis. The second part deals with some general instruments of protection of the debtor. The core area of this part, however, is the manifestations of the protection of the debtor in the context of execution and judicial enforcement. For the sake of...
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Part V of the Civil Procedure Code and possible changes in the legislation
Havlíček, Petr ; Zahradníková, Radka (advisor) ; Střeleček, Tomáš (referee)
Part V of the Civil Procedure Code and possible changes in the legislation Abstract The master's thesis is dealing with proceedings acted upon Part V of the Civil Procedure Code in 3 major points of perspective. Firstly, the circumstances that led to formation of dualistic conception in judicial review of administrative decisions in historical context, second perspective is the own legal procedure with emphasis on application problems in concrete rules explained with help of judicature of Constitutional Court, Supreme Court and Supreme Administrative Court. The third point of perspective is possible changes in the legislation and possibilities which were introduced in the most recent proposal of new procedure code. In current legislation, there are two options of judicial review of administrative decisions, one by the Civil Procedure Code, second by the Code of Administrative Court Procedure. The dividing line between those is if subjective rights affected by the decision were private or public. This dualism worked in the Czech legal system already in the period of First Czechoslovak Republic. Administrative justice was first implemented during the Austrian Monarchy which is also reviewed in the thesis. The period after 1989 is analysed very deeply because the Civil Procedure Code has not been recodified,...
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