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Reasoning of civil judgments
Palánová, Petra ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
Reasoning of civil judgments Abstract This thesis deals with the reasoning of judgments issued in civil proceedings. Court judgment represents the key output of court in civil proceedings, because it is the goal of civil proceedings. However, not only the operative part of the decision, but also its reasoning, in which the court explains its reasoning to the parties and the superior courts, is essential. A statement without adequate reasoning is not reviewable and may also be a reason for considering arbitrariness in judicial decisions. Providing good reasoning is therefore an essential part of a fair trial and also an indispensable ability of a good judge. The aim of the thesis is to analyze the legal regulation of the reasoning of court decisions in terms of whether it provides sufficient guidance for drawing up a proper reasoning, and to identify the proper reasoning of court decisions with regard to the most often seen shortcomings in practice and how to avoid them. For this purpose the Czech legislation is placed in the context of the right to a fair trial and its individual aspects defined at the supranational and constitutional level. Opinions of professional public are taken into account and the related case law is evaluated. The thesis is drafted into five chapters, in the introductory chapter the...
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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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