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Appeal in civil procedur
Němečková, Bára ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Appeal in civil procedure The aim of this diploma thesis is to describe the law regulation of appeal in czech civil procedure in connection with application of law by judges. I tried to describe the process of appeal procedure in Czech Republic and also describe a practical problem connected with application of law. This type of legal remedy is the most applied way how to examine or change the verdict of the judge. I have choosen the topic Appeal in civil procedure, because I am interested in civil procedure at all and in the future I would like to become a judge assistant. I think that knowledge of civil procedure is very important for each lawyer. The legal regulation of appeal and other legal remedies is enshrined in the legal act No. 99/1963, called Občanský soudní řád (Civil Procedure) in Czech Republic. The regulation we can find also in other legal acts (e.g. No. 292/2013 called Zákon o zvláštních řízeních soudních). This thesis is divided into twelve chapters, each charter is focused on different issue of this topic Appeal in civil procedure. The thesis is consisted of theoretical explanation of the institution of appeal in civil procedure and I also tried to emphasize the meaning of the practice of the courts, because the practical application of law is maybe more important than the...
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Selected issues of evidence in civil contentious proceedings
Kabát, Jakub ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The object of this thesis is Selected issues of evidence in civil contentious proceedings. Evidence itself occupies an important position in the civil procedure because it is a prerequisite for issuing a correct and fair court decision. The aim of this paper is to deal with the institutes of evidence procedure that lead the subjects of civil contentious proceedings for certain procedural activity in order to determine the facts and issue a decision in the case. The thesis is divided into six chapters, the first chapter includes an introduction and the last, sixth chapter includes the conclusion. The second chapter deals with basic questions of evidence in civil proceedings and is subdivided into four parts. Particular parts deal with the concept of evidence in civil proceedings, the object of evidence (which is delimited both positively and negatively), institutes facilitating the evidence in civil procedure (legal presumptions and fiction, preliminary question and discretion of the court) and the actual course of procedure of evidence in civil proceedings. The procedure of evidence is divided into several phases such as adduction of evidence, obtaining proofs, examinations of evidence by the court and finally, the evaluation of the evidence by the court. The third chapter deals with civil...
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Procedural requirements of civil proceedings
Košútová, Veronika ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
1 ABSTRACT Procedural requirements of civil proceedings My thesis deals with the issues of procedural requirements of civil proceedings, that are sometimes termed also as requirements of proceedings. This term refers to the legal institute, that creates the legal framework for realization of the right to the judicial protection, because the fulfillment of these statutory requirements is one of the fundamental assumptions for hearing of the case and for the issuance of decision in the civil proceedings. Systematically my work is divided into two parts, namely into the general part and the special part. These two parts in total consists of seven chapters. Particular chapters are subsequently divided into the subchapters and each of them into the sections. While the general part consisting of the first three chapters concerns with the general view on the issues of procedural requirements, remaining four chapters of the special part deal with the particular procedural requirements in more detail. The first chapter aims to define as precisely as possible the term of procedural requirements and also potential discrepancies in its interpretation. It involves also the fundamental classification of procedural requirements. Chapter no. 2 analyses the research of procedural requirements, that occurs at any time during...
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Civil action
Tekeľová, Petra ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
This master's thesis deals with the civil action. A civil action denotes a pleading of the plaintiff to initiate a civil procedure. It represents a fundamental act based on the disposition principle of the party seeking protection of their private rights that they claim to be endangered or violated before a court of law. Thus, a civil action is a manifestation of the right to legal protection and in connection to that right, the obligation of the state is to ensure that all parties can enforce their rights in a stipulated way of actions before an independent and unbiased court of law. This master's thesis is divided in the following seven chapters: historical development, civil procedure, rules of civil procedures, actions, types of actions, disposition principles with complaints and the types of demanded outcomes of the plaintiffs. The contents of the first chapter are the historical development of civil actions. The chapter is divided into two parts. The first part is devoted to the Roman action, where the character and form of the action in Roman law are described and further the single types of actions that the Roman law had are outlined. The second part deals with the historical development of actions in the Czech lands, i.e. from the ancient times, through the period of absolutism until today....
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Concentration in civil proceedings
Kubešová, Silvia ; Winterová, Alena (advisor) ; Zoulík, František (referee) ; Slavíček, Pavel (referee)
1 Abstract The dissertation focused its attention on the principle of the concentration and its application in civil proceedings. The principle of the concentration and its issues represented after the amendment of Civil Procedure Code No. 99/1963 realized by Act No. 30/2000 Sb. and the by Act No. 7/2009 Sb. are highly actual topic in the civil practice and in the theory of civil procedure. The dissertation attempts to explain the positives and the negatives of the principle of the concentration in civil proceedings, seeks and finds its adequate place in the civil procedural law in order to achieve an effective and quick protection of endangered or infringed subjective private rights. The theoretical basis of the dissertation consists of definition of the essence of the principle of the concentration, its object and mainly its purpose along in the system of the principles regulating civil proceedings at all. The modern civil proceedings should be based on the principle of the concentration in order to ensure the effective protection of endangered or infringed subjective private rights provided by the courts. The individual elements and phases of applying the principle of the concentration in civil proceedings should be appropriately chosen in civil proceedings. The individual elements of the principle of...
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Theoretical and practical issues of community property of spouses
Kubešová, Silvia ; Dvořák, Jan (advisor) ; Salač, Josef (referee)
My thesis deals with the complex institution of community property of spouses. After the short introduction which includes the survey of the development of community property of spouses on Czech territory, thesis characterises the theoretical and practical analysis of the important items of the community property of spouses. Generally spoken, thesis contains - besides introduction and conclusion - nine chapters. Each chapter is subdivided into several subchapters and some of them are subdivided into the parts. My thesis utilized achievements of the Czech expert literature as well as judicature of the Czech courts. Chapter One deals with the history of community property of spouses on the Czech territory. Chapter Two is concerned with the explanation of the formation of the community property of spouses. Chapter Three relates to the origin of community property of spouses. Chapter Four is addressed to the object. Chapter Five describes the contents of community property of spouses. Chapter Six examines the problems of the community property of spouses connected with business. Chapter last focuses on the problems of termination, restoration and settlement of community property of spouses. At the conclusion of my thesis I focus on my fundamental idea of the regime of property arrangement between spouses in the...
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The Principle of Concentration in Civil Proceedings
Onderková, Kristýna ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The principle of concentration as one of the fundamental branch principles of civil proceedings consists in the obligation of the parties to perform certain procedural actions in specific stages of adversarial proceedings in order to speed up the proceedings and the decision of the court. Its purpose is to avoid delays in proceedings and provide effective judicial protection of subjective private rights of the parties. This principle plays an important role in Czech civil law. At the same time, some elements of the statutory concentration, which apply in the Czech legal system, are connected with certain problematic aspects. These particularly include rigidity of statutory concentration associated with the absence of the possibility of court's flexible actions and the anchor of fictitious judgment by acknowledgement as a consequence of the defendant's procedural passivity. The main goal set out by the author of this piece of work is to introduce individual elements of concentration in the Czech law, analyze their shortcomings, and propose some possible solutions through comparison with the Slovak adjustment mechanism of concentration. In the first part, the author analyzed the individual elements of concentration in the current applicable Czech legislation and put them in historical context. The author...
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The issue of the establishment of sheltered housing in the transformation Home Pístina
KUBEŠOVÁ, Stanislava
Sheltered housing is under the act n. 108/ 2006, about social services, defined as a residential service which is provided to people with reduced self- sufficiency because of disability or chronic illness including mental disability whose situation needs help of another person. Sheltered housing can be in a form of group or individual housing. At the beginning of the theoretical part is briefly described mental illness, its causes and classification. Another part is focused on social service system and specification of sheltered housing. The final part of the theoretical part is devoted to transformation process of social services, its present development, financing, criteria and possible risks. The objective of this bachelor´s thesis was to find out and compare approaches of addressed representatives of chosen municipalities to sheltered housing building within the process of transformation The Home of Pístina. The first sub-objective was to find out what problems can arise while looking for new locations for sheltered housing. The second sub-objective was to find out whether the public is informed enough concerning providing social service and about clients and their integration into society. To determine the set objective was used a qualitative research. Data was obtained by interviewing using a structured interview technique with open questions. Sample consisted of two types of respondents - representatives of communities A,B,C and a worker of South Bohemian Regional Authority. The research showed very different opinions and approaches of representatives in individual communities to sheltered housing building and to its clients as well. In the community A, where municipal authority understood the change of social service system in form which will not separate users of these services from the other inhabitants, all negotations about realization of this change proceeded without problems. Certain worries were mentioned by representatives about free movement of people with mental disability for reason of their abuse and ability to adapt to the new environment. In the community B, the situation was completely different. Municipal authority did not show any interest in building of sheltered housing.The problems arose at the very beginning with purchase of land. There was a lack of awareness about the process of social service transformation and about people who will use this service. Awareness of people about this issue led to worries about unsuitable behaviour of mentally disabled people in public. The research indicates the need to increase awareness of general public about facilities providing social services and about their clients. In case the county does not get this possibility from the community, it should explain the issue to the inhabitants itself in another suitable way and help people with mental disability to integrate in the society of selected location.
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Diverzita vegetačních typů a recentních pylových spekter západních Sajan, Sibiř
Lučeničová, B. ; Kuneš, P. ; Jankovská, Vlasta ; Svobodová, Helena ; Chytrý, M. ; Danihelka, J. ; Ermakov, N. ; Hájek, M. ; Hájková, P. ; Havlová, Marie ; Kočí, M. ; Kubešová, S. ; Lustyk, P. ; Otýpková, Z. ; Roleček, J. ; Šmarda, P. ; Valachovič, M.
Comparison of recent pollen spectrum and the vegetation composition (Sayan, Siberia).
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