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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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Provisional regulation of the circumstances of a child
Koropecká, Veronika ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
This thesis focuses on the important private law institute of preliminary injunctions used for the provisional regulation of the circumstances of minors. The fundamental legal principle on which the paper is based is the principle of the best interests of the child, largely based on Art. 3 of the Convention on the Rights of the Child, which states that the best interests of the child shall be a primary consideration in any decision-making concerning children. Emphasis is placed on the child's legal status as a party to the proceedings for a preliminary injunction and the consequent rights of the minor, focusing on the child's right to be heard. The individual chapters are devoted to a detailed analysis of Czech legislation relating to the topic in question, both under the current wording of the law and current application in practice. The first chapter offers a concise introduction to the addressed issue. The second chapter provides definitions of the key concepts related to the topic. The third chapter discusses the position of the child as a party to the proceedings for the issue of a preliminary injunction, their procedural personality and procedural capacity, representation of the child in the process itself and, last but not least, the interests of the child, and their fundamental rights to be...
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Legal capacity proceedings
Palánová, Petra ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
This thesis deals with the legal capacity proceedings, which are the procedural reflection of legislation of restriction on legal capacity included in the Civil code. The legal capacity is the key legal institution for the human possibility to make a juridical acts. In some cases, it is neccessary, for the reason of protection of human, to restrict on the legal capacity, eventually to choose another preferable measure. Procedural regulation of these proceedings is, with effect from 1. 1. 2014, contained in the Code on Special Court Proceedings (Act No. 292/2013 Coll.), as it comprises certain derogations from classic contentious proceedings. The aim of the thesis is to comprehensively summarise and interpret this legislation including her relation on the substantive regulation, point out her faults and propose options, how to remove them. To this purpose, opinions of experts and present case law regarding these matters are in the thesis also confronted. The thesis consists of three main chapters, which are subdivided into some subchapters and sections. The content of this three chapters is the general delimitation of legal capacity, the excursion into the history of legal capacity and the procedural regulation of the legal capacity proceedings. The aim of the first chapter is to introduce the concept of...
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