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Means of evidence in civil procedure
Bouška, Bohumír ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
Summary: The diploma thesis deals with one of current subject matter in civil law, a problem of evidence used in the civil procedures. This issue is in the centre of civil procedure because we can resolve any case with fair decision only by clarifying the factual situation between litigants. The importance of this issue isn't just for civil procedure, but for every legal action as well. The basics of the legal regulation represent two main civil codes. First of all it is Act. No. 99/1963 Coll., Code of Civil Procedure, as amended, which regulates the most important part of all civil procedures, in Czech legal theory so-called "dispute civil procedure". The second Act. No. 292/2013 Coll, special civil procedure, regulates other civil procedure with different principles, Czech legal theory called them "undisputed civil procedures". The aim of thesis is to analyse all the problems in regulation of evidences (law regulations, jurisprudence and Czech legal theory). The thesis also points out possible future changes in regulations. The thesis is divided into three basic parts. The first part explains the basic legal terms like a burden of proof and evidence. There are explained the most important terms. The second part of the thesis deals with evidences, which are regulated by Code of Civil procedure. It is the...
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Legal Proceeding of Establishment and Disputing Parentage
Svobodová, Petra ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
Legal Proceeding of Establishing and Disputing Parentage The topic of this thesis is the legal proceedings of establishing or disputing parentage. The aim of the thesis is to provide complex description and analysis of current framework of the proceedings for establishing or disputing parentage in relation to the substantive measures, point out problematic areas and weak spots of the legislation and provide possible solutions de lege ferenda. The text is divided into eight chapters. First chapter deals with the term "parentage" from various perspectives - biological, social, legal and the link between them, mainly with the case law of the Supreme Court, Constitutional Court and the European Court of Human Rights in mind. Second chapter provides the historical evolution of the legal framework for establishing and disputing parentage, going all the way back to the ancient Rome, Austrian Civil Code, the Family Law Code and the Family Code, to the present, where the civil law underwent re-codification and the whole area of family law has been included within the new Civil Code. The third chapter is devoted to the analysis of the substantive measures regarding the establishing and disputing of parentage as described in the Civil Code, because the substantive measures and procedural measures are closely...
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The interrogation of a witness in civil proceeding
Gřundělová, Ivana ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
This thesis is about the interrogation of a witness in civil proceeding. It is considered as one of the most difficult means of proof in terms of its execution and later evaluation by the court. This work is divided into 10 chapters which systematically follow each other. In the introduction I firstly define the concept of means of proof and the groups they can be divided into. The following chapters focus on the main topic. The second chapter is composed of introduction of the witness, their legal obligation to testify and their capability. Also, it deals with the right to reject to testify and the obligation of confidentiality which receives extra attention. I deal with the obligation of confidentiality based on laws regulating this obligation for attorneys, notary, doctors and clerics. Furthermore, the work deals with the procedure of interrogation of witness as the law dictates it. Particularly, the way the court summons the witness and which lawful means does the law allows the court to enforce the duties among the witness to testify or punishing them for false testimony. In the chapter four and five the attention is on the process of interrogation itself and on possible specific means of interrogation, for example, the interrogation requested by the court or the interrogation done outside of...
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Means of evidence in civil proceedings
Krulíková, Kateřina ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
The diploma thesis analyses means of evidence used in civil proceedings. Means of evidence are integral part of proofing process which is considered to be the foundation of civil litigations. The goal of this thesis is to provide comprehensive categorization of means of evidence used in civil litigations and depict some of their specifics, including means of evidence which are not specifically regulated by the law. The thesis is based on specialized literature, legislation, and, from a large part, also on Czech courts case law. Text of the thesis is divided into four chapters, each of them further divided into several sub-chapters. First chapter is general introduction to civil lawsuit and proofing problematics. It defines proofing process itself, subject of proofing, and principles applied in the court at this stage of the lawsuit. Second chapter describes means of evidence in general. It provides reader with means of evidence definition and categorization, and also defines means of evidence which are inadmissible in the civil lawsuit. Third, the most extensive chapter, is dedicated to means of evidence which are specifically regulated by code of civil judicial procedure. It describes each of them in detail, differentiates them, and also describes proofing process in the court trial. First...
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Parties to contentious proceedings
Trojan, Luděk ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
1 Resumé This thesis deals with the topic of "Parties to contentious proceedings". The parties involved in the dispute represent the cornerstone of any civil proceedings. Without the parties, there would be no civil procedure at all. The parties, the courts and other subjects make up the basic elements of the civil proceedings. Which is also the reason why the definition of the parties have the significant impact on the entire civil procedure. The civil procedure can be defined as a body of law that sets out the procedure rules for courts, disputing parties and other subjects, while defence to breached or threatened subjective rights and lawful interests is provided. The thesis offers a scope into the historical consequences of the concept of parties to present form along with the development of civil procedure with its changes. Besides that there is description of subjects who are involved in the civil procedure. For better differentiating a proceedings of proceedings there are listed other types of civil proceedings. Especially the contentious and non-contentious proceedings. The introductory chapters for the parties address the issue of who can become a party to the proceedings and what the conditions are. The conditions include, in particular, the capacity to possess rights and duties and the capacity...
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Comparative analysis of system of remedies in civil proceedings in the Czech Republic and the Kingdom of Spain with respect to procedural economy
Zukal, Marek ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
This Master's thesis provides an analysis of systems of remedial measures in civil disputes in the Czech Republic and the Kingdom of Spain. Used methods include comparative analysis and economic analysis of law. In the introductory chapter there are basic terms and sources of civil procedural law in both countries defined. The text devoted to remedial systems in general, their aims, legal and economic substance, basic forms (appellation, cassation and revision system), their advantages and disadvantages follows. Crucial part of the thesis is comparison of particular remedies, especially appeal (odvolání) and recurso de apelación introduced in chapter 3. A conclusion that Spanish system is much more complicated than the Czech one emerges from the comparison. This affects procedural economy negatively. Yet there are some elements, whose reception to Czech legislation should be considered, because it has potential to improve economic effectivness of remedial proceedings. In the end of the thesis there are author's de lege ferenda deliberations emerging from prior comparation and from economic analysis introduced. While reading the thesis, one must keep in mind that there are differences not only between the Czech and Spanish legislation de lege lata, but also between particular civil procedural law...
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Parties to contenious proceedings
Spěváková, Kristýna ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
The thesis deals with legal regulation of participation in contentious proceedings. Procedural subjects are one of the definitional elements of the civil proceedings; they are mainly the court and parties to proceedings. Therefore, legal regulation of parties to proceedings is an important component of law of civil procedure. The thesis depicts the present legal regulation of participation in contentious proceedings, evaluates its suitability and proposes appropriate changes with regard to clarity, unambiguity and fulfilment of the right to a fair trial. It includes description and analysis of the effective legal regulation, examines main problems, compares interpretation and opinions in professional literature and also deals with the court interpretation of relevant legal regulation. Moreover, a partial aim of the thesis is to depict the reflection of the new civil code in the procedural regulation and to evaluate whether such reflection is optimal. The thesis is divided into eight chapters which deal with the component topics. The first chapter deals with general matters of parties to contentious proceedings including material and procedural standing and the principle of equality. The second chapter concerns prerequisites for participation in proceedings, thus analyses capacity to sue and to be...
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Types of civil procedure
Beroušková, Monika ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The attempt of this diploma thesis is to introduce the reader various types of civil procedure. The civil procedure is one of the types of justice besides criminal, administrative and institutional justice. The civil procedure represents the united process, which is internally differentiated. This differentiation is the result of historical development, when the original function of the civil procedure access additional features. The purpose of the civil procedure is not only to provide protection to endangered rights. Another function is to protect the rights against threat. Finally, there is the function of execution and reinsurance. The purpose of this thesis is to provide a comprehensive overview of the various types of civil procedure, their characteristics, common features and differences. The content of this thesis are various types of civil procedure and it is divided into three parts. The first part deals with the civil procedure in general and it's history. The second part, as the main part of the diploma thesis, focuses on characteristics of each types of civil procedure. First there is described civil trial proceedings, which is divided into contentious and non-contentious proceedings. The purpose of civil trial proceedings is to protect the violated or threatened rights or regulation...
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Enforcement of judgments in family cases
Chmelíková, Milena ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
The issue of the enforcement of judgments in family cases is a topical issue in our society, since the various changes this legal area has recently experienced. The main change in the procedural field was the separation of so-called undisputed proceedings into a new Act on Special court proceedings, while the Civil Procedure Code remained a subsidiary act. This new Act also contains the sole regulation of the enforcement proceeding in cases relating to domestic violence and in cases of child custody, since these two areas are the most distinct from the enforcement of other pecuniary and non-pecuniary performance. In the first two chapters, the thesis focuses on the background of the enforcement proceedings as well as on its development, principles and functions. The second chapter ends with the outline of the enforcement in the Act on Special court proceedings. The third chapter deals with the enforcement of judgements in domestic violence cases, focusing particularly on the Police Eviction Instrument and the Special Preliminary ruling on the Protection against Domestic Violence. Their subsequent enforcement is then evaluated and analyzed. The fourth chapter focuses on the legal regulation of the child custody, with an emphasis on the comparison of the different modes of enforcing the decisions, as...
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Preparation of a hearing in the civil trial
Kindlová, Nikola ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Subject of this thesis is "Preparation of a hearing in the civil procedure". The term preparation of a hearing describes a set of procedures, which the presiding judge makes for better clarification of the judicial file and easier orientation in the specific case. Proper use of these proceedings should help to resolve the case during just a single hearing or in a short term. It leads to reducing the unnecessary costs and keeping the economical principle. The aim of this thesis is to evaluate if the proceedings really help to quicker resolution of the case. Systematically this thesis is divided into a theoretical and practical part. The thesis contains six chapters in overall, four of them belong to the theoretical part and two of them are focused practically. All of the chapters include subchapters, which are divided in sections. Theoretical part of the thesis focuses on valid Czech legislation relating to preparation of a hearing. In the practical part there is a comparison of Czech and foreign legislation and application of these legislations into practice. The aim of the first chapter is to outline the principle of the preparation of a hearing and its importance in civil procedure. The second chapter focuses on the principles of civil procedure which are related to the preparation of a hearing...
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