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Types of civil procedure
Hošek, Martin ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis deals with types of civil procedure and it is divided into six parts. The first part generally focuses on civil procedure, definition of its subject and its relation to substantive law. There is also described its development since era of ancient Rome till presence. The second chapter focuses on the most important type of civil procedure, which is civil trial proceedings, that is divided into contentious and non- contentious proceedings. At first there is described contentious procedure aiming on its basic principles, goal, rights and obligations of participants and its procedure. The part devoted to non-contentious procedure contains common and different characteristics with contentious procedure, basic principles, specification of participants, general procedure and description of chosen types of non-contentious procedure. Based on its continuity the third chapter is dedicated to enforcement procedure. The chapter is subdivided to parts focused on writ of execution, general procedure and possible ways of its end. Next chapter's subjects are conciliation procedure, preliminary injunction and securing of evidence. The fifth chapter is devoted to bankruptcy proceedings, which deals with bankruptcy of debtors in various ways. There are specified its entities, term bankruptcy, its...
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The solution of insolvency of a debtor by his discharge
Šmejkalová, Alice ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The thesis named The solution of insolvency of a debtor by his discharge focuses on characteristics as way of solutions of insolvency of a debtor - discharge according to Act No. 182/2006 Coll., on Bankruptcy and its solution (Insolvency Act). The whole thesis is divided into five chapters. The core of the thesis is in the third chapter dealing with the discharge of the debt. The first and second chapter deals with insolvency proceedings and the bankruptcy and its solutions. The bankruptcy and its variants are defined here as well as the description of rehabilitation and liquidation solution of insolvency. The fundamental and the largest chapter is the third chapter, which deals with the institute of the discharge as one of the rehabilitation solution of the insolvency of a debtor. In subchapters there are described forms of debt discharge, audition, payment schedule and combination both of these. The advantages and disadvantages are mentioned for each form of debt discharge. The course of the insolvency proceedings is described from the submission the insolvency petition until the end of the insolvency proceedings including the decision on fulfillment of discharge and release from debts. The statistics relating to insolvency proceedings focused on discharge are analyzed in fourth chapter, the...
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Burden of proving in disputes regarding damages
Městecká, Irena ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Thesis title: Burden of proving in disputes regarding damages The issue of providing evidence in disputes regarding damages is a theme involving many questions, whose legislation seems to be questionable in some cases. This aspect is compensated for and supplemented by application practise, which makes the theme continuously relevant. The aim of my diploma thesis is to provide a general, descriptive, and comprehensive interpretation of the specifics of providing evidence in disputes regarding damages. Another objective of this diploma thesis is to demonstrate that it is difficult to gain insight both in theoretical and in practical issues of the burden of proof because the opinions of courts and some of the authors specializing in this issue are different in some cases. The first part deals with the general notion of evidence in the civil procedure. I mention the concept and the subject of evidence and its importance in the civil procedure. I also mention selected legal principles connected with providing evidence. A further focus of this part is on procedural obligations of the parties, especially on the obligation of claims and of the burden of proof. It is based on theoretical concepts by significant authors (especially J. Macur). The burden of proof and the related institutes of providing...
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Commencement of an enforcement procedure by a licensed enforcement officer in comparison with an enforcement procedure ordered by a court
Kapitán, David ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The content of this thesis is the treatise on the two methods of the enforcement procedure in the frame of the civil procedure, whereas one of these methods is the enforcement procedure carried out by a court, with second method being the enforcement procedure by a licensed enforcement officer. The thesis is divided into thirteen chapters, whereas the author is, in the course of the individual chapters, emphasising mainly the common features as well as the outstanding differences between the aforementioned two methods of the enforcement procedure. Following the general introduction in the first chapter and a short outline of the issue at hand in the second one, is then the content of the third chapter the author's treatise on the enforcement orders as the basis for the enforcement of decisions, whereas each of the individual enforcement orders is dealt with in the frame of a separate subchapter. The content of the fourth chapter is the treatise on the court's course of action preceding the commencement of the enforcement procedure with reference to the regulation of the identical institutes in the course of the enforcement procedure carried out by a licenced enforcement officer and the fifth chapter deals with the issue of commencement applications as the mean of commencement of the procedure most...
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Action for exemption of claim within the enforcement of judgment by a court officer, by a private executor
Páslerová, Klára ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This thesis aims at a close examination of the problematic position of a third party in the proceedings to compel the execution of judgement and the execution proceedings. The only defensive instrument of a third party against the encroachment on their rights is the action to exempt a claim, which is the focus of my thesis. Although it is a defence against the proceedings to compel the execution of judgement and execution proceedings, the hearing about the action to exempt a claim is liable to a special type of the finding trial proceedings. The thesis includes also a short discourse on the proceedings to compel the execution of judgement and execution proceedings as these proceedings precede the action to exempt a claim. The thesis is divided into ten chapters. The first chapter is an introduction to the problems of the action to exempt a claim, which includes setting the target of my thesis. It is linked to the second chapter where I define the main terms used in my thesis. The third chapter is formed by a short historical excursion into the proceedings to compel the execution of judgement, execution proceedings and the action to exempt a claim. This chapter is further divided into subsections according to the law of a particular country and timeline. The following chapter Four contains the...
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Liability for damage under Insolvency Act
Kovacs, Stanislav ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of the thesis is, based on analysis of the institute of liability for damages in the Insolvency Act and related legislation, to characterize the institute of liability for damage in insolvency law and to define its position within the system of sanctions, to identify links to private and public (including criminal) legal norms, to present concrete examples from existing case law to address some unclear areas of existing arrangements and to identify and to describe changes resulting from the new regulation of the institute of liability for damages in the new Civil Code. The thesis is divided into two parts, the general (conceptual) and specific (critical). The general part is divided into four chapters. Chapter one summarizes the theoretical background of the institute of liability for damages. Chapter two provides an overview of the general private law liability for damages and fundamental differences on liability for damages in the old and the new Civil Code. The third chapter is devoted to a specific rules on liability for damages in the Insolvency Act. Chapter four discusses the different possibilities of a claim for damages or other harm. The special part is devoted to analysis of the facts of liability for damage governed by the Insolvency Act. Individual facts of case are systematically broken...
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Legal position of a judge in the Czech Republic
Maryšková, Michaela ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This diploma thesis deals with various aspects of the status of a judge as it is stated in the Czech legal order. Firstly, author focuses on the formation of the office of a judge. There is also described controversial approach of the former president of the Czech Republic Václav Klaus on the appointment of new young judges. Final part of the chapter deals with comparison with the United Kingdom in the way of becoming the judge. In the next chapter, there are described particular duties arising from the Czech legislation. Attention is focused on preserving the dignity of the judicial function, confidentiality and maintaining a certain standard of professionalism The section dealing with duration of the status ends with third chapter relating to a termination of the office of a judge. There are mainly described legal terms that could be confusing, because they sound similar, but have different meaning. At the end of this part, author discusses the age limits for termination of the office of the judge. Next chapter analyze guarantees of independence and impartiality of the judge. Those are an essential part of just decisions of the courts. Major part deals with disciplinary proceedings and its procedure. The fifth chapter deals with specific issues of the office the judge. There are discussed...
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The electronic payment order procedure at the district court
Nippertová, Pavla ; Macková, Alena (referee) ; Smolík, Petr (referee)
In this thesis is described electronic order for payment procedure at the district court. Thesis is divided into six chapters. It begins with a history. The main body of the thesis deals with a legal analysis of the electronic order for payment procedure at a district court. It involves the beginning of the procedure, conditions of procedure, delivery, correction tools, and finally, enforcement. It points at deficiency in legal regulations which makes the interpretation of law problematic. In addition, there can be found a comparative study with a German legal system and European order for payment is also mentioned.
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Reimbursement of costs of proceedings in petty cases
Zuska, Pavel ; Macková, Alena (referee) ; Pohl, Tomáš (referee)
The purpose of my thesis is to point out the increase of the amount of the petty cases, to analyze its reasons, to describe the development of the relevant legislation and case law and to deal with some main legal arguments related to the issue of the reimbursement of the costs of proceedings in petty cases. The reason for my research is mainly its topicality and rapid evolution in a few past years. The boom of the mass claim recovery realized by the specialized "debt companies" was the reason of the legislative amendments and led to the ground-breaking decisions of the Constitutional Court, which resulted in the repeal of the regulation No. 484/2000 Coll. The thesis is composed of the introduction, four chapters and conclusion. The introduction is focused on the reasons of my choice of the topic and on the definition of the specific kind of petty cases my thesis is related to. Chapter Two provides the general overview of the institute of reimbursement of costs of proceeings, examines the varieties of the costs of proceedings, explicates the general principles the reimbursement of costs of proceedings is based on, explores the remedies and deals with the reimbursement of costs of enforcement proceedings. Chapter Three describes the growing amount of the petty cases, analyzes its reasons and reviews...
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Principles of civil law procedure
Szalonnás, Ondřej ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The purpose of my thesis is to analyse principles of civil procedure that are derived from the right to a fair trial. This topic is very actual partly because of the newest development of society (which poses new challenges even for the civil procedure) and partly because of the specific situation in the Czech Republic. Therefore it is necessary to not only be aware of the basic principles of the civil procedure, but as well know how they are being applied. The thesis is composed of seven chapters, each of them dealing with a different principle. Chapter One is introductory and defines what are the principles concerned, where they come from and explores their history. The next part of the first chapter attempts to elucidate why this topic is of an interest in the Czech Republic at the current time. Chapter Two deals with the right to an independent and impartial tribunal established by law. Chapter Three focuses on the right to a fair hearing and ways by which it is secured. The right to a fair hearing consists of set of important rights, e. g. right to a hearing in one's presence, right to an effective participation at the hearing and right to an adversarial trial. Those rights must be interpreted in compliance with the principle of equality of arms. Chapter Four explores the right to trial within...
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