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Hearing in the civil proceedings
Tomešová, Lenka ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
1 Hearing in the civil proceedings - Abstract The diploma thesis deals with the course of hearing from its order, through the initiation to the end and issuance of the decision on the merits, since only properly run hearing is a guarantee of fair and complete hearing on the merits without delay. At the same time, the thesis pays attention to the principles that relate to hearing and whose observance ensures the participants right to a fair trial. The thesis will deal with the course of hearing both in adversarial and inquisitorial proceedings. The first chapter defines the concept of civil proceedings, hearing, and it is consequently stated by whom the proceedings are governed. The second chapter discusses the principles of hearing that are part of the right to a fair trial. It is a principle of public, oral and straightforward. When dealing with the principle of public, there is a certain amount of space devoted to the reasons for which the public can be absolutely or partially excluded from the hearing. The chapter also deals with the possibilities to ensure a dignified and undisturbed course of hearing, including ways and restrictions on the acquisition of audio and video recordings and transmissions from hearings. The longest and the most comprehensive chapter in the thesis is the third chapter, in...
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Duty of pleading and duty of proof in the contetious civil proceedings
Nováková, Hana ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The thesis topic is Duty of pleading and duty of proof in the contentious civil proceedings. The hereby stated obligations belong to the basic concepts of procedural law. If the interested party fulfils both obligations together with bearing the corresponding burdens, it increases its chance of success in a dispute. Supposing it was inactive, its inactivity might be reflected in the dispute result. My thesis aim was to deal with essential obligations in civil proceedings within eight chapters. In chapter one I mention historical excurcus where I introduce how the above stated obligations were adjusted in the previous civil procedural law regulations. It is only an outline of the historical development. Chapter two I briefly devote to the current concept - de lege lata. In the subsequent chapter three I deal with the burden of pleading and burden of proof in both types of declaratory proceedings namely in contentious and non-contentious proceedings. Where the contentious proceedings require higher activity of the interested parties in comparison with the interested parties in the non- contentious proceedings. Chapter four is focused on detailed description of both procedural obligations and to them corresponding burdens. Besides other various theories of burden of proof are stated here. And also...
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Consiliation
Hospodka, Jaroslav ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
Conciliation Abstract This diploma thesis is devoted to a detailed analysis of the issue of conciliation, which can be considered as one of the alternative methods of dispute resolution and differs significantly from other methods by participation of the court in seeking agreement. The thesis is divided into four parts. The first one deals with the definition of the term conciliation or court settlement within the meaning of § 99 of the Civil Procedure Code, although the institute is different, the conciliation procedure is largely interlinked. The second part describes the location of the reconciliation institute within the civil process and also deals with the excursion into the history of reconciliation. The third part deals with the practical applicability of the conciliation procedure. Attention is also given to its subjects, a detailed analysis of the phases of the proceedings, the possibilities of remedy or the question of the effects of reconciliation. Finally, the fourth part focuses on the comparison of the current state of reconciliation with its concept in a substantive intent to the new Civil Judicial Code. Primarily, descriptive and analytical methods, in part also comparative methods, are used in the work. The aim of the thesis is a detailed analysis of the described problems, with an...
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Cochem model in the application practice of Czech courts
Úlehlová, Simona ; Macková, Alena (advisor) ; Frintová, Dita (referee)
Cochem model in the application practice of Czech courts Abstract The presented diploma thesis titled "The Cochemic Model in the Application Practice of the Czech Courts" deals with the main principles of the Cochem model, which is based on the cooperation of the professions involved in the divorce proceedings, and which is currently being gradually introduced by some of the Czech courts. The aim of the thesis is to find out the results of the first application approaches, on the basis of which it would be possible to determine the possibilities of further application of the presented model within the framework of Czech guardianship procedures. The second goal of the diploma thesis is the complex elaboration of the topic in terms of substantive and procedural law and further clarification of the current legislative situation, including the reflection over de lege ferenda. First of all, the diploma thesis introduces the origin of the Cochem model, moreover, it also presents its first application in Germany in the first chapter. The second chapter focuses on the importance of application of the presented model and its benefits for the participants in the proceedings. Within the chapter there are also presented the possibilities of applying a different substantive basis of parental responsibility within the...
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Matrimonial property and obligations of the spouse
Večeřová, Anežka ; Frintová, Dita (advisor) ; Thöndel, Alexandr (referee)
Matrimonial property and obligations of the spouse This thesis analyses regulation of matrimonial property with an emphasis on its administration, scope and settlement. The main focus of this thesis is to analyse actual statutory regulation in context of actual case law of Czech Supreme Court, with special focus on institute of invalidity of juridical act, disputes in matters of administration and scope of matrimonial property as well as on intertemporality issue in matrimonial property law. Subject of this thesis is related to current development of Czech Supreme Court case law. Aside from introduction and conclusion, the thesis consists of five main chapters. In second chapter, the term and concept of matrimonial property in context of current statutory regulation and regulation of Civil Code 40/1964. Coll. is defined. Third chapter analyses matrimonial property regimes - statutory regime, contractual regime and regime established by a court decision with focus on detailed specification of scope in the statutory regime, with legislative proposal de lege ferenda. Final part of this chapter gives attention to disputes about the scope of matrimonial property with focus on immovables. Central as well as the most comprehensive part of the thesis is in the fourth chapter - administration of matrimonial...
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Preliminary injunction and its execution
Nerada, Aleš ; Frintová, Dita (advisor) ; Macková, Alena (referee)
Preliminary injunction and its execution - Abstract The aim of this thesis, in particular, is to describe and define, as thoroughly as possible, the preliminary injunction incorporated in the OSŘ, including related case law. Such a preliminary injunction is traditionally used in situations when immediate intervention of the court is necessary, because in the respective case it is not convenient for the claimant to wait for the final decision of the court. Along with the abovementioned, I also analyse the preliminary injunctions regulated by the ZŘS. It is also my aim to analyse the enforcement process of preliminary injunctions regulated by the OSŘ and EŘ and to define the main differences between them and describe some of the modes of enforcement of preliminary injunctions. I also look at the possible criminal consequences in cases where a preliminary injunction is infringed. Last, but not least, the aim of this thesis is to analyse what is considered in relation to preliminary injunctions de lege ferenda. The thesis is composed of eight chapters, the subject matter of the thesis can be found in chapters three to seven. The first two chapters deal with a general introduction to the topic and in the eighth chapter the conclusions of the thesis are drawn. The third chapter examines current proceedings and...
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Reorganization and its importance in Czech insolvency law
Marian, Daniel ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
v anglickém jazyce The subject of this thesis is reorganization as a method of resolving a debtor's insolvency or imminent insolvency pursuant to the Insolvency Act. This thesis analyses the current legal regulation on reorganization, evaluates the existing empirical studies and presents the results of its own empirical research into the reorganizations which were permitted in the years 2014 to 2017. This thesis also seeks to answer whether reorganization truly represents a rehabilitation process and whether it can be considered a basic method of resolving insolvency next to bankruptcy, as originally envisioned by the legislators whilst enacting the Insolvency Act. Furthermore, whether or not the so- called "Revision Amendment" had any positive effect on reorganizations is also researched. Last but not least, this thesis deals with reorganization from the perspective of de lege ferenda and its importance for Czech insolvency law. First of all, this thesis shows that reorganization is not a purely rehabilitative process but that it can also have liquidation effects. The classification of reorganization as a rehabilitation method of resolving bankruptcy is therefore inaccurate. Furthermore, it is shown that the Revision Amendment to the Insolvency Act does not have any significant positive practical...
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Selected issues proof of custody of minors
Behr, Tomáš ; Frintová, Dita (referee)
Proficiency in the care of minors requires a multidisciplinary approach because family circumstances are undergoing significant changes, and the court decision must look for the interest of the child, especially for the future. Such an approach is not limited to its own evidence by classical means of evidence but also takes into account the results of procedural deflections, such as mediation, family therapy, exam care. As for the individual evidence, it must be accentuated that the child's view may not always be determined directly, that the authenticity and accuracy of the charter should be judged by substantive assumptions, and that expert opinions should represent the ultimate solution to the parental conflict. Finding an agreement can also help provide a longer timeframe as well as lessons learned by the court on the length and cost of proceedings in which the court should wait for an expert opinion. Proper evidence taking helps to solve parents' most frequent conflicts on the joint custody, or on the debt of maintenance. The Constitutional Court interprets the presumption of alternate care as wrong because it prefers equality of parents to the interest of the child and because it imposes on the state the burden of proof, although it is obliged to observe the principle of investigation....
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Costs of civil proceedings
Bečvář, Petr ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Costs of civil proceedings Abstract The diploma thesis addresses the issue of costs of civil proceedings. The aim of the thesis is to provide a basic introduction to the issue of the costs of the proceedings and subsequently, on the basis of the knowledge gained in this way, to examine aspects that the legislation on the costs of civil proceedings. The diploma thesis also contains a short comparison of selected differences between Czech and Slovak legislation on the costs of civil proceedings. The first chapter defines the specific costs of civil proceedings. The chapter is divided into 7 sub-chapters, which deal in more detail with the individual costs of civil proceedings, as they are stated in the provision of Section 137 of the Czech Civil Procedure Code. The costs of civil proceedings are the costs incurred in the connection with legal proceedings as a result of the application of the subjective right of the party. An essential factor of the costs of civil proceedings is also a matter of effectiveness. The first chapter is focused mostly on the legislation of the court fees and the reward for legal representation. Chapters 2 and 3 cover the issue of payment and reimbursement of costs of civil proceedings. In the chapter on payment of costs of civil proceedings, the author deals, among other things,...
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Legal force and enforcement of judgement
Kekula, Vít ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Legal force and enforcement of judgement Abstract The subject of this thesis are legal force and enforcement of judicial decisions adjudicated in the civil procedure. Its main goal is to provide an in depth yet comprehensive analysis of its effects, its role in the judicial proces and to demonstrate their functional connexion. A secondary objectif of this thesis is to provide the reader with a current legislation based critical assesement of the legal terminology employed by the czech doctrine to describe the effects of legal force. Despite the fact that the legal force and enforcement of judicial decisions are closely linked by their purpose, they are conceptually independent. Therefore, they will be dealt with separately. First, the legal force of a judicial decision will be examined, second, its enforcement will be adressed. The thesis is divided into five chapters in total which are further subdivided into sections and subsections. The first chapter consists of a brief introdution to the relevant mechanics of the Roman civil procedure which importance to the notion of legal force as we know it is not to be underestimated. Apart from a historical context, its analysis should contribute to a better understanding of its true nature and function in the contemporary civil procedure. In this context, material...
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