National Repository of Grey Literature 435 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Dispositional acts of the parties to the civil proceedings
Strakošová, Simona ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Dispositional acts of the parties to the civil proceedings Abstract The diploma thesis deals with the issue of dispositional acts of the parties to the civil proceedings. The thesis therefore focuses on individual dispositional acts in contentious and non- contentious proceedings and on the displays of declaratory principle that affect the civil proceeding through these acts. The aim of the thesis was to analyze the current Czech legal regulation of dispositional acts using not only valid legal regulations, but also professional literature, professional articles and case law. With regard to the current case law this thesis also concentrates on selected issues related to the application of dispositional acts in procedural practice, it outlines some potential problems of interpretation and takes a stand on them. The first chapter of this thesis deals with the declaratory principle, primarily with its essence and influence of contentious proceedings. It describes two main aspects of disposition in proceedings and explains the inclusion of this principle in the typology of principles specific to individual branches of the civil proceedings. The second chapter contains an explanation focused on the issue of participation in civil proceedings and clarifies who can be considered a participant eligible to perform...
Duty to assert and duty to prove in civil procedure
Krechlerová, Karolína ; Sedláček, Miroslav (advisor) ; Frintová, Dita (referee)
Duty to assert and duty to prove in civil proceedings Abstract The rigorous thesis deals with the duty to assert and the duty to prove in civil court proceedings with a focus on the burden of proof, its division and transfer between the participants in the proceedings. The work focuses mainly on litigation. The issue of the rules of division of the burden of proof is still relevant, because for the success of a party to the dispute it is absolutely essential to fulfill the duty to assert and the duty to prove and subsequently bear the burden of assertion and the burden of proof. The aim of the thesis is to analyze in detail the procedural obligations and burdens that are carried by the participants in civil proceedings. The focus of the work is the question of the division of the burden of proof between the parties to the proceedings and its transfer between the parties to the dispute. The rigorous work is divided into an introduction, seven chapters and a conclusion. The introductory chapter describes general interpretations of evidence and the principles of civil procedure. The second chapter is devoted to the history of court proceedings and the development of the functioning of justice in the Czech Republic to state the context of the current concept of procedural obligations of the parties to court...
The Enforcement of Court Settelements
Šamlot, Jan ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
The Enforcement of Court Settlements Abstract The topic of this thesis is the enforcement of court settlements. Court settlement is an institute, which, although it is a traditional part of civil procedure, does not receive enough attention. The absence of any detailed analysis of the court settlement is even more surprising considering that currently chosen structure of the court settlement in the Czech Code of Civil Procedure (OSŘ) is very problematic and raises the great amount of the theoretical questions, from which some of them are capable of causing troubles in practice. At the same time, the problematic aspects increase also in terms of the enforcement of the court settlement. With regard to the above, this thesis primarily maps the historical development of the court settlement in the legal territory of today's Czech Republic in order to clarify the basic principles and better understanding of this institute at present. After the historical part, the thesis deals with the court settlement as an institute and his positive legal definition in order to point out the interpretation problems in certain aspects and also to mention their possible consequences. Furthermore, the thesis presents possible solutions to the selected problems and simultaneously, where appropriate, compares the legislation with...
Mediation as alternative dispute resolution
Lokajíčková, Diana ; Macková, Alena (advisor) ; Frintová, Dita (referee)
1 Mediation as an alternative way of resolving disputes Abstract This work deals with the increasingly frequent type of dispute resolution, to be concrete it focuses on mediation. In the introduction, the author deals with the essence of conflict. The author also discusses the types of alternative dispute resolution. After this theoretical introductory part, the work focuses exclusively on mediation. It describes the history of this institute, the division of types of mediation, analyses the legal regulations and presents a general overview of the mediation procedure and the specifics associated with it. The work mainly deals with the principles of mediation such as confidentiality, voluntariness, with regard to the assumptions and performance of mediation by a registered mediator. The author analyses all the mentioned topics in connection with national legislation and compares it with European legislation so that the reader can understand the development of mediation and its possible pitfalls. The author also provides her suggestions for further cultivation of the mediation environment based on his experience as a registered mediator and a study of foreign mediation practice. Key words: mediation, code of ethics, alternative dispute resolution, ADR
Concentration of proceedings
Buchtová, Andrea ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Concentration of proceedings Abstract The concentration of proceedings is a key instrument of the modern civil procedure. The purpose of the concentration of proceedings is to expedite civil litigation by establishing a factual and evidentiary 'stopstate', i. e. the latest moment by which factual submissions and motions to take evidence may be made. In this way, the concentration of proceedings is intended to effectively prevent the parties from bringing new statements and new evidence into the proceedings after the effects of the concentration of proceedings have taken effect, thereby contributing to a more expeditious conduct of the proceedings. The aim of this diploma thesis is to analyse and evaluate valid and effective legal regulation of the concentration of proceedings in the legal system of the Czech Republic and to reflect on its possible changes, including an attempt to outline certain controversial issues of the concentration of proceedings and to present the possibility of their solution. In order to achieve this goal, the text of the thesis is divided into five chapters. The first chapter is devoted to a general definition of the concept and purpose of the principle of the concentration of proceedings. The second chapter introduces the principles of the modern civil procedure, which are related...
Representation in civil proceedings
Kodetová, Kristýna ; Frintová, Dita (advisor) ; Dvořák, Bohumil (referee)
Representation in civil proceedings Abstract The thesis deals with legal regulation of representation in civil proceedings. The text analyses this traditional legal construct, evaluates legal regulation currently in effect as well as legal regulation indicated in the new Civil Procedure Code proposal, and presents de lege ferenda proposals. The thesis begins with an introduction, in five chapters it deals with general questions related to representation, representation based on Act, representation based on the power of attorney, representation on the basis of the court decision, obligatory representation by an attorney, and ends with a conclusion. The chapter on general questions related to representation covers the meaning of representation, providing evidence of the right to represent a party to proceedings and conflict of interests. The chapter on representation based on Act is divided into two sub-chapters: representation based on Act in order to remedy a lack of procedural conditions and representation based on Act in order to protect a party to proceedings. Thoughts on the definition of capacity to take part in proceedings are included in this chapter. The chapter on representation based on the power of attorney outlines analysis of the right to choose a representative, the power of attorney as...

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