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Instruments of preparatory stage of civil proceeding
Čičmanec, Adam ; Frintová, Dita (advisor) ; Dvořák, Bohumil (referee)
Instruments of preparatory stage of civil proceeding Abstract Preparatory proceeding is one of the stages of civil procedure and involves complex of procedures granting the presiding judge an opportunity to clarify the fundementals of dispute, both legal and factual, to acquaint parties to the suit with anticipated course of legal proceeding and to secure efficient proceeding. One of the most distinctive features of the Czech civil proceeding is predominantly discursive and lengthy manner in which judges aporoach the case management. The preparatory stage plays critical role in determining the actual length and overall course of civil proceeding. Contrary to majority of other modern legal systems Czech law, legal doctrine and practise of the courts still somehow neglect the above mentioned importance of this stage. Moreover, this fact is admittedly linked to Czech system of civil proceeding still mainly embracing so called piecemeal type of civil proceedings where the pleading stage is followed by several short hearings where evidence and arguments are collected, instead of main hearing model widely accepted by countries taking significance of preparatory stage into account. The goals of this essay were to evaluate different instruments that Czech civil procedure law provides the judges during preparatory...
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Comparison of Judgment by Default under Czech and Spanish Law
Švábová, Marie ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
1 Comparison of Judgment by Default under Czech and Spanish Law Abstract This diploma thesis addresses Czech and Spanish legislation with respect to judgement by default and the subsequent compassion thereof. First chapter focuses on the defendant's default under Czech law, more specifically on the concept of the defendant's default during court proceedings, conditions that must be met in order to deliver a judgement by default, impermissibility of delivering a judgement by default, excusable grounds of default as well as the remedies that can be relied upon against such judgement. Second chapter follows with a description of Spanish legislation on the defendant's default during court proceedings. It deals with the concept of the defendant's default during court proceedings, conditions under which it is possible to issue a declaration of defendant's default, consequences associated with the defendant's default during court proceedings, delivering court documents to the defendant and to application for annulment of the final decision on the matter of the defendant in default and other remedies available to the defendant under Spanish law. The final chapter of the thesis outlines important differences which the author came across whilst studying each legislation. The author attempts to draw her own critical...
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Collective (group, mass) actions and their trying
Benko, Jan ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Collective (group, mass) actions and their trying Abstract With regard to both global and national developments, it is necessary to respond to the societal changes brought about by it in the field of private law. One of these changes is also the mass of legal relationships consisting of the existence of a large number of almost identical rights and obligations between one or more entities on the one hand and thousands and millions on the other. In practice, new problems arise, such as overloading the courts, enormous costs of proceedings, recurring evidence, and so on. And these problems represent challenges that intitutes of collective rights protection, generally reffered to as collective actions, has to cope with. These include group action, representative action, test-case action, public group action, and so on. The prototype of all these actions is U.S. class action with deep historical roots, which has become the most used and the most famous. Also, in many other countries of the world and Europe, collective actions have been introduced in various forms, often inspired by U.S. class action. Collective protection of rights has been unresolved topic without the prospect of a comprehensive legislative framework until recently, but now the situation is different and the civil procedural law will be...
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The Position of Secured Creditor in Insolvency Proceedings
Barták, Milan ; Smolík, Petr (advisor) ; Dvořák, Bohumil (referee)
The topic of this thesis is the position of a secured creditor in an insolvency proceedings in the framework of a specific type in a civil, judicial process. The subject of this proceedings is a debtor and his insolvency (or his potential insolvency) and the solution of his insolvency. The aim of this paper is to analyze the role of a secured creditor whose credit claim is specifically set out and secured with an asset that forms a part of an asset registry of the insolvency proceedings in the Czech Republic, based on the applicable law of Insolvency Act and specialized literature, as well as the relevant code of justice, which plays an important role in the interpretation of legal standards of Insolvency Act. The aim of the author is to draw attention to selected sections of the insolvency proceedings and further analyze selected questions and categories of the insolvency proceedings, directly relating to the secured creditor in individual phases of the insolvency proceedings, from the beginning until the credit of secured creditor is recovered.
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Concentration of Proceedings
Hostovská, Helena ; Macková, Alena (advisor) ; Dvořák, Bohumil (referee)
The main objective of this rigorous thesis is to provide a comprehensive overview of applying the principle of concentration of proceedings in civil adversary proceedings. At the beginning of the work, the relationship is discussed between the principle of concentration of proceedings and the right to a fair trial or, more precisely, its basic attribute, the right of every person to have their case heard, within a reasonable period of time and by an independent and impartial court, as well as development of the principle of concentration of proceedings and its application in legal regulations valid in the territory of the Czech Republic in the past. The focal point of the rigorous thesis is focused on the issue area of the principle of concentration of proceedings in the applicable and effective Civil Procedure Code. The thesis also aims to introduce the individual procedural provisions that are subject to the concentration of proceedings and to discuss the problems associated with their interpretation and application, to determine their mutual relationship and to summarize them as a comprehensive system created by the principle of concentration of proceedings in our legal order. Separate chapters of the thesis deal with the courts' duty to advise and with exceptions from the concentration of...
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The Law on Divorce and Maintenance Between Former Spouses in the Czech Republic and in Selected European Countries
Mozgová, Kamila ; Hendrychová, Michaela (advisor) ; Králíčková, Zdeňka (referee) ; Dvořák, Bohumil (referee)
A divorce as one of the forms of termination of marriage is enacted in all European laws, being defined as abolishment of an existing marriage during the life of the spouses, pronounced by a competent state body, on the grounds stipulated by the law and within the framework of a prescribed procedural process, with effect ex nunc. One of the characteristics of the current European society is a so-called "family crisis". A manifestation of this crisis is a growing number of unmarried couples and, first of all, a continuously growing number of divorces. A divorce as a social situation became at the beginning of the third millennium an ordinary and acceptable issue for an overwhelming majority of the society, being considered to be an accessible, decisive and effective method for resolving disputes and problems in a marriage. In this respect, the current European legislation also leads to the fact that only a small proportion of divorces today ends by settlement between the partners. However, it is certainly unadvisable to overestimate the importance of the institute of marriage. As regards the general opinion, the law on divorce cannot be made so complicated that it would force the spouses to remain in a non-functional and de facto nonexistent union. In general we presume that upon termination of...
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Communication process between the customer and the logistics partner and possible benefits of improvements in branch of FMCG
Dvořák, Bohumil ; Jirsák, Petr (advisor) ; Karban, Jan (referee)
The master thesis deals with the relationship between client and provider of logistics services in the supply chain. The author focuses primarily on issues of communication and exchange of data / information between the clients and logistic provider. After the initial phase of the analysis of the current situation and the factors influencing this situation, there is a completely new process designed to exchange data / information and method of implementation this process. There are other threats to actual implementation mentioned together with the proposal. These threats along with possible alternative scenarios and technical implementations are then discussed in detail in the end.
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Facility management part of the EU regulations
Dvořák, Bohumil ; Vyskočil, Vlastimil (advisor) ; STÁREK, LUDVÍK (referee)
Bachelor's thesis engages the regulation ČSN EN 15221 and its assessment in the provision of support processes in Europe and worldwide. It identifies ways of implementing standards in organization and compares the conditions for support services in facility management. The practical part of the thesis presents the implementation of facility services in the real project of Okin Group, a. s. Thanks to this practical example we can achieve the necessary information for a comparison heftiness service levels.
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