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Mediation in the Czech Republic
Jaroš, Jan ; Macková, Alena (advisor) ; Zahradníková, Radka (referee) ; Dörfl, Luboš (referee)
NÁZEV DISERTAČNÍ PRÁCE V ANGLICKÉM JAZYCE, ABSTRAKT V ANGLICKÉM JAZYCE A 3 KLÍČOVÁ SLOVA V ANGLICKÉM JAZYCE Mediation in the Czech Republic A doctoral thesis represents an evaluation of the fulfillment of the legislator's predicted objectives and expectations placed into the adopted legislation of mediation after ten years of its effectiveness in the legal system of the Czech Republic. The text is divided into two main sections. The first section deals with topics related to the Act on Mediation and the Decree on Examination and Mediator's Remuneration. The second part is concerned with the consequences and connections that are not explicitly regulated by such legislation. In the specific chapters, the expectations of the legislator and subsequent opinions arising from ten years of expert discussion are presented. The author's own conclusions formed using appropriate methodological procedures, especially analytical, normative and empirical approach follows. If possible, available statistical data and partly also foreign examples were used in the thesis. In the first part, the addressed topics are (i) the duplex legal regulation of mediation, (ii) the consequences of such duplexity, i.e. advantages and disadvantages for the mediator and participants, (iii) the performance of mediation according to the Trade...
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Protection and defence of the debtor in distraint proceedings in connection with the major amendment to the Distraint Procedure Code
Klimková, Adriana ; Střeleček, Tomáš (advisor) ; Zahradníková, Radka (referee)
Protection and defence of the debtor in distraint proceedings in connection with the major amendment to the Distraint Procedure Code Abstract This Master's thesis deals with the principle of protection and defence of the debtor, which is the core principle of the distraint law and which is reflected in many of its important institutes. This principle is referred to in connection with the amendment to the Distraint Procedure Code, which was implemented by Act No. 286/2021 Coll. and is most often referred to as the "major" amendment. Among other things, this amendment significantly affected the traditional institutes of the distraint law, which reflect the principle of protection and defence of the debtor in the legal system. The aim of this thesis is to evaluate the major amendment to the Distraint Procedure Code and to analyse the principle of protection and defence of the debtor, which is important in order to understand the complete content of the thesis. The paper is focused on a comprehensive examination of the institutes of protection and defence of the debtor, which were most significantly affected by the major amendment to the Distraint Procedure Code, and an evaluation of these changes and updates. For convenience, the text is divided into four parts, which are further divided into individual...
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Inaction and delays in proceedings as disciplinary offenses of judge in the Czech Republic
Slivková, Kateřina ; Pohl, Tomáš (advisor) ; Zahradníková, Radka (referee)
Inaction and delays in proceedings as disciplinary offenses of judge in the Czech Republic Abstract The present rigorous thesis deals with the topic of disciplinary liability of judges in the Czech Republic, specifically the disciplinary offence of inaction and delays in proceedings, as the most frequently criticized ailment of the Czech judiciary, whether it is the lay or professional public. On the one hand, the thesis defines the theoretical framework and the legal regulation on which the issue of disciplinary offences of inaction and delays in proceedings is based (in particular Act No. 6/2002 Coll., on Courts, Judges, Judges and the State Administration of Courts and on Amendments to Certain Other Acts, as amended, and Act No. 7/2002 Coll, on proceedings in respect of judges, public prosecutors and bailiffs, as amended), but at the same time the rich case law of both the European Court of Human Rights relating to disciplinary proceedings in the Czech Republic and the Constitutional Court is presented, and last but not least the case law of the disciplinary chambers of the Supreme Administrative Court. The thesis presents an analysis of the decisions of the disciplinary chambers of the Supreme Administrative Court in the years 2008 - 2023, whereby the analysis examines the methods of decision-making...
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Default judgement - status and perspectives
Danihlík, Tomáš ; Zahradníková, Radka (referee)
Default Judgement - Status and Perspectives Abstract This thesis deals with the topic of default judgment and the status and perspectives of its legal regulation. A default judgment is a special type of judgment that allows the court, under certain conditions, to decide a case without taking evidence on the basis that the allegations made by the plaintiff are undisputed. This makes it an instrument which allows proceedings to be expedited. The default judgment is a classic procedural law institution with a long tradition dating back to the ancient Romans. The tradition of contumacious proceedings in Czech law was disrupted by the adoption of the Code of Civil Procedure in 1950 and the default judgment returned to Czech law only after the establishment of the independent Czech Republic, but it was built on a different basis than the rules in force in the Czech Republic until the adoption of the 1950 Code. As a result, the Czech legal system treats default judgement in a narrower way than the Austrian system, which is the source of some of the problems with which the current system of default judgments has to contend. However, the legislator did not choose to extend the possibility of issuing default judgments to situations where the defendant fails to make a statement of defence or to appear at a preparatory...
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Comparison of Czech and German legal regulation of appellate review with reference to Czech Republic's impending civil procedural law reform
Novotná, Kateřina ; Frintová, Dita (advisor) ; Zahradníková, Radka (referee)
a klíčová slova v anglickém jazyce Název práce: Comparison of Czech and German legal regulation of appellate review with reference to Czech Republic's impending civil procedural law reform Abstract This diploma thesis describes and compares the regulation of civil appellate review under Czech law with the legislation in the Federal Republic of Germany. The first part addresses the chosen topic on a broad level. The introductory section provides an overview of appellate review in both legal systems, a summary of recent recodification efforts, as well as a brief description of the historical development and appellate systems. The next section continues with admissibility. It contains the current Czech and German appellate review's admission regulation. The entire paper is structured so that the Czech law is always described first, followed by the German one, simultaneously comparing both versions and summarizing the results and key differences. The admissibility is divided into objective and subjective, followed by the explanation of additional requirements that both Czech and German appellate reviews must meet. It is also worth noting the assessments of admissibility. In Germany, only courts of appeal can determine whether an appellate review is admissible. In the next section, subjective...
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The implications of inheritance proceedings on the substitution of parties in civil proceedings
Ladman, Michal ; Zahradníková, Radka (advisor) ; Střeleček, Tomáš (referee)
1 The implications of inheritance proceedings on the substitution of parties in civil proceedings Abstract This thesis aims to provide a comprehensive overview of the intersection of the statutory regulation of inheritance proceedings and the substitution of parties in civil proceedings, which are inextricably linked. In specific cases, the initial settlement of the succession proceedings is essential for determining the successor in title. The court in civil proceedings must wait until the judicial commissioner has carried out the necessary acts and can pass a final resolution on the estate. For this thesis, the following questions are posed: What is the current legal regulation of substitution of parties when one of the parties loses their qualification to be a party in civil proceedings? How may inheritance proceedings end? What are the implications for the substitution of parties in civil proceedings? Description of the current legislation and an analysis of specific legal institutes or a synthesis of individual provisions used to conclude the impact of the probate proceedings are used the most to achieve the aim of the thesis. The thesis is divided into four interrelated areas. The introduction, which contains the objectives and a summary of the intended content of the thesis, is followed by a more...
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The Enforcement of Court Settelements
Šamlot, Jan ; Zahradníková, Radka (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...
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Protection and defence of the debtor in execution and in judicial enforcement of judgement
Zimmermann, Jaroslav ; Střeleček, Tomáš (advisor) ; Zahradníková, Radka (referee)
Protection and defence of the debtor in execution and in judicial enforcement of judgement Abstract This master's thesis focuses on the protection and defence of the debtor in execution and in judicial enforcement of judgement. It aims to provide a comprehensive discussion of the above mentioned issue and to highlight its shortcomings and debatable areas, while taking into account the differences between execution and judicial enforcement in terms of protection and defence of the debtor. The work is divided into three thematic parts, each of which is further divided into individual chapters and subchapters. The first part deals with the historical and general background of the protection and defence of the debtor. Modern history is not only important for tracing the development of particular legal provisions across historical events, but it is also a resource for a better understanding of contemporary law. General starting points in the form of constitutional foundations and procedural principles provide the terminological core of all subsequent parts of the thesis. The second part deals with some general instruments of protection of the debtor. The core area of this part, however, is the manifestations of the protection of the debtor in the context of execution and judicial enforcement. For the sake of...
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Part V of the Civil Procedure Code and possible changes in the legislation
Havlíček, Petr ; Zahradníková, Radka (advisor) ; Střeleček, Tomáš (referee)
Part V of the Civil Procedure Code and possible changes in the legislation Abstract The master's thesis is dealing with proceedings acted upon Part V of the Civil Procedure Code in 3 major points of perspective. Firstly, the circumstances that led to formation of dualistic conception in judicial review of administrative decisions in historical context, second perspective is the own legal procedure with emphasis on application problems in concrete rules explained with help of judicature of Constitutional Court, Supreme Court and Supreme Administrative Court. The third point of perspective is possible changes in the legislation and possibilities which were introduced in the most recent proposal of new procedure code. In current legislation, there are two options of judicial review of administrative decisions, one by the Civil Procedure Code, second by the Code of Administrative Court Procedure. The dividing line between those is if subjective rights affected by the decision were private or public. This dualism worked in the Czech legal system already in the period of First Czechoslovak Republic. Administrative justice was first implemented during the Austrian Monarchy which is also reviewed in the thesis. The period after 1989 is analysed very deeply because the Civil Procedure Code has not been recodified,...
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