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Arbitration proceedings in the Czech Republic
Kudrhaltová, Irena ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The topic of this thesis is arbitration proceedings in the Czech Republic. In the introductory chapter arbitration is generally described, with definition of its characteristics in comparison with the ADR methods and regular court proceedings. Four basic theoretical standpoints concerning the arbitration proceedings are introduced. Arbitration is divided into general and specific arbitration as well as institutional and ad hoc. In the second chapter the issue of arbitrability is described- specifically the conditions of its formation. The third chapter focuses on the arbitration agreement, beginning from the inception, including its content and ending with cases when the agreement is void. Arbitrator, including requirements concerning the person, such as confidentiality, independence, and impartiality, is contained in the fourth chapter. It also includes arbitrator's appointment and remuneration. The fifth chapter deals with the arbitration proceedings in concreto. Basic principles governing the arbitration are outlined, following with initiation of legal action including further motions and evidence. The sixth chapter is aimed at arbitration decision and its specific forms: the arbitration award and the resolution. A possibility of settlement approved by an arbitrator or a permanent arbitration...
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Special court proceedings (general issues)
Urban, Tomáš ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
- Special court proceedings (general issues) The diploma thesis is focused on the topic special court proceedings. Special court proceedings are a subject, representing one kind of the civil proceedings that is characterized by disposing peculiarities from the general regulations of the civil dispute proceedings. Special court proceedings are governed mainly by the Act No. 292/2013 Coll., on special court proceedings. This act contains the exceptions from the general proceedings regulations and enumeration of the specific special proceedings and its regulation. Also Act No. 99/1963 Coll., civil procedure code is subsidiary used. This thesis aims to give a comprehensive explanation of the subject of special court proceedings by consistent definition of the subject itself based on use of the several ways of distinguishing it from the civil dispute proceedings. The next target of the thesis is to evaluate the historical development of the mentioned subject and to compare contemporary legislation with the laws applicable during the era of the first republic. Last but not least the thesis contains the analysis of the current legislative, especially the act on special court proceedings, which content and formal aspect of elaboration is assessed. The description of the special court proceedings itself...
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Uncontested proceedings in cases involving minors
Spáčilová, Jana ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Uncontested proceedings in cases involving minors The aim of this thesis is to provide a comprehensive overview of non-contentious proceedings in cases involving minors with a defined focus on the adoption proceedings and court custody of minors. The purpose of my thesis is to analyse the area of international child abduction and the proceedings of that. Chapter One describes the contentious and non- contentious proceedings and distinction between that with an overview of non-contentious proceedings in cases involving minors and their distribution. For the purpose of this text, non- contentious proceedings in cases involving minors are divided into two subdivisions, namely the adoption proceedings and court custody of minors. Chapter Two concentrates on court custody of minors. Chapter Three focuses on the international child abduction, which is selected from court custody of minors. New substantive law was the cause of creation of the new system of procedural law, which shows a certain degree of shortcomings regarding the procedure for the adoption of an full age. The issue of international child abduction and proceedings of that is regulated by Czech and supranational law. All these regulations have common several principles which are important for all the proceedings in the court custody of...
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Evidence in civil proceedings (selected problems)
Zezulka, Ondřej ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The object of this master's degree thesis is to present a view of the evidence in civil proceedings. The document concerns the process of evidencing from both theoretical and practical point of view as it provides factual and material information which is crucial for the meritory decision of a court. The thesis is divided into three main chapters. There is also an introductory part situated in the very beginning of the paper which concerns the main reasons why the author chose this particular topic and describes overall importance for society. Furthermore, the thesis is ammended by a conclusion at the end of the paper. It comprises a subjective evaluation of the current legal basis and proposes possibilities of improvement of the Czech Civil Procedure Code. The first chapter focuses on the general description of the process of evidencing. It provides a legal definition of the concept of evidencing in connection with an explanation of other basic terms such as the subject of evidence, principles of evidence, a legal concentration etc. The role of the court, its main tasks and the level of maximum permitted initiative in civil proceedings are also taken into account. The second chapter concentrates on procedural obligations of the parties to litigation. Legislature imposes a certain procedural...
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Action for the failure of justice
Šrámková, Lucie ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
1 SUMMARY The nullity plea is one of the three extraordinary remedies provided for in the Civil Procedure Code. Its purpose is to correct substantial procedural errors that occurred in judicial decisions or in the preceding civil proceedings. If one of the nullity grounds, regulated by Article 229 of the Civil Procedure Code, is present and all other conditions of admissibility are fulfilled, the court cancels the earlier final decision which terminated the proceedings, regardless of whether or not it is correct from the matter-of-fact point of view. The nullity plea represents a unique institute that solves the conflict between the interest in protecting legal certainty founded by a final decision of the court, and the interest in a defective decision being eliminated. The conditions of its admissibility are therefore set so as to only limit its application to cases in which the second interest prevails. The purpose of the diploma thesis is to provide a complex analysis of the nullity plea, in particular the conditions of its admissibility and the proceedings pertaining thereto. It is divided into six chapters. Chapter One describes the historical development of the nullity plea; nevertheless, it is not only restricted to this institute, but also contains a description of other remedies which were used to...
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Arbitration in consumer disputes
Fejtová, Miroslava ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The arbitration in consumer disputes ABSTRACT The topic of this thesis is especially arbitration in consumer disputes. The general part of work dedicates the historical progress of arbitration and common attribute of arbitration and also takes into account the role of the courts in arbitration proceedings with respect to some aspects of consumer disputes in particular. A special part of this work deals with advantages and disadvantages of arbitration from the point of view of consumer and special legislation in arbitration in consumer disputes as well. The aim of the work is to evaluate if the arbitration is suitable way to decision making in the area of consumer disputes in comparison with functionality of arbitration in commercial disputes, and also the aim is to find an appropriate way to settlement of consumer disputes in arbitration, if there is one.
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Decision of court and judicial distrainer in execution proceeding
Sedláčková, Gabriela ; Winterová, Alena (advisor) ; Pohl, Tomáš (referee)
The topic of this rigorous work is a decisions of court and judicial distrainer in execution proceeding. The pillar of the work is the decision about proposal to decree the execution, decision about proposal for execution stoppage and decision about execution postponement. The goal of work is to describe the process of key decisions in execution proceedings issued with a focus on dividing of authorities between judicial distrainer and the court. In the work, there is a comparison of legal regulation before and after legal force of amendment of execution code Act 286/2009, its impact in connection with information from legal practice. Connected amendment is the Act No. 396/ 2012 valid from 1.1.2013. This description is supposed to be the outline of how the authority of judicial distrainer is being strengthened and where the decisions in execution proceeding turn. The work covers also the comparison with Slovakian legal regulation of execution proceeding and description of legal regulation for dispensation of decision in Germany.
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Incidental disputes in Insolvency proceeding
Michal, Petr ; Winterová, Alena (advisor) ; Macková, Alena (referee) ; Kučera, František (referee)
The aim of this thesis named "Incidental disputes in Insolvency proceeding", is to analyze a theme of Incidental disputes at the point of view of a insolvency law of the Czech Republic. These disputes were in history called in different ways. In the appropriate part of this thesis we will see the history of the Incidental disputes in the relevant Civil Codes of the Czech Republic or Czechoslovakia. This area of law is typical for its generality when the essential influence is reserved for a judicature. For that reason there is a great emphasis on the decisions of the Czech Republic's Supreme Court and courts in this thesis. The thesis is considering and focuses on the question, if the same insolvency judge should or should not decide in the matters of the Incidental disputes during ongoing Insolvency proceedings. On one hand there is a statement No. 448/2004 of the Constitutional Court of the Czech Republic, which says that it is contrary to requirements of the prejudice of the judge and the independence of court. The Constitutional Court maintains a position that the Insolvency Court should not decide an incidental disputes where the insolvency administrator appears as a litigant. The Constitutional Court says that the legal relationship between the Insolvency Court and the Insolvency...
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Costs of civil trial proceedings
Přibyl, Vojtěch ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
12. Abstract Costs of civil proceedings with concentration in petty cases This diploma thesis focuses on costs of civil trial proceedings. Although costs of proceedings are often perceived as a secondary topic, their reimbursement may commonly represent a very problematic issue for a party to a case. Costs of proceedings are incurred by both parties to a case or involved parties and the state. The thesis describes different principles that are applied to decision-making about reimbursement of the costs of proceedings with regard to their origin and the type of proceedings. After a general introduction to the costs of proceedings issues I pay attention to different types of costs of proceedings. In the second chapter I deal in more detail with the representation fee, which is usually the largest expense of the party to the case. Further I explain the terms of payment and reimbursement of the costs of proceedings. I also study an institute of moderation law that enables the court in certain conditions to disallow the reimbursement of the costs fully or partially. The core of my thesis is the reimbursement of the costs in petty cases. The whole chapter is devoted to the term of petty case because of controversial issues of one instance appeal and the limits of boundaries that set petty cases. Minor cases which...
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Costs of Civil Proceedings
Škodová, Jitka ; Winterová, Alena (advisor) ; Pohl, Tomáš (referee)
The subject matter of this rigorous thesis consists in the issues of the costs of civil proceedings, particularly the judicial decision- making about reimbursement of these costs. The sphere of the reimbursement of the costs of proceeding is undeservedly ignored, as the disputes are mainly focused on the core of a case, and the reimbursement of the costs, though it is also the part of most decisions of disputes, has only marginal significance. The aim of this thesis is to analyse in detail the institute of the costs of the proceedings at law, and it also deals with the protection of this institute by the legal code in the Czech Republic as well as abroad, its application in practice, and with the problems arising in connection with the costs of the proceedings at law.
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