|
|
Secondary intervention
Hrma, Michal ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Secondary intervention The diploma thesis deals with the concept of secondary intervention, its definition, the issue of interpretation of the provision governing secondary intervention and comparison with Austrian legislation. The first chapter generally defines participation, in particular the capacity to be a party to proceedings or procedural capacity. It also contains a brief definition of the main intervention and its differences from the secondary intervention. The following chapter deals with the development of the legal regulations of this institute. The third chapter defines secondary intervention and its admissibility; any conditions which must be satisfied in order for the intervener to intervene in the proceedings. The core of the thesis is the fourth chapter, where the author tries to describe the main problems of the legal regulation, especially and not only the position of secondary intervention in proceedings before the court of first instance or in proceedings on remedies. The penultimate chapter describes forthcoming changes in the regulation of secondary intervention in the upcoming Civil Procedure Code. In the final chapter the author briefly compares the Czech legislation with the Austrian legislation. The outcome of studying this institute is a conclusion that the brevity of...
|
|
|
Public prosecutor's office in civil proceeding
Pavlásková, Zdeňka ; Macková, Alena (advisor) ; Elischer, David (referee) ; Winterová, Alena (referee)
This dissertation is divided into a general part (chapters 1 through 6) and a specific part (chapter 7). The general part contains chapters devoted to the historical development of public prosecution and the office of the public prosecutor with an emphasis on developments in civil proceedings, primarily after 1989. Further attention is dedicated to a current expert discussion of the constitutional position of the office of the public prosecutor within the system of state power. Explanations are also given for the independence and impartiality of the office of the public prosecutor in a qualitative comparison with the independence and impartiality of the courts. The following part of the dissertation focuses on a description of the framework of the office of the public prosecutor, including the new institution of the Institute of the European Public Prosecutor. The subsequent chapter is concerned with the organisation and staffing of the non-criminal division of the public prosecutor's office on all levels. This is followed by a chapter devoted to the legal sources amending and relating to the non-criminal activity of the office of the public prosecutor. A substantial part of the general part of this dissertation consists of a description of the role of the office of the public prosecutor in civil...
|
|
|
Reimbursement of costs in trial proceedings and enforcement proceedings
Černý, František ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Reimbursement of costs in trial proceedings and enforcement proceedings Abstract The aim of the thesis is to describe comprehensively the issue of reimbursement of costs in trial proceedings and enforcement proceedings. Sometimes, it is considered to be only a marginal part of the civil procedure, however the reimbursement of costs is certainly very important for both parties to a case. Reimbursement of costs of proceedings is a very interesting topic that has been undergoing turbulent development in recent years. The thesis is divided into an introduction, three main parts and a conclusion. The introduction focuses mainly on the definition of the objectives of the thesis and subsequently the interest of the general public in the issue of reimbursement of cost is analyzed. The first part provides the general description of the institute of costs of proceedings and defines the essential terms related to this issue. Subsequently, the types of costs of proceedings and legal regulation connected with them are examined. The second part of the thesis focuses on reimbursement of costs in trial proceedings. The initial chapter explicates general rules contained in the Civil Procedure Code, which are based mainly on the principle of success in the case and the principle of fault. All exceptions to these principles...
|
|
|
Decisions on the award and amount of costs in civil proceedings
Srbová, Gabriela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Decisions on the award and amount of costs in civil proceedings Abstract This thesis deals with the issue of costs of civil proceedings. The scheme of the thesis follows the scheme of the Code of Civil Procedure and is supplemented by references to judicature, in particular the Constitutional Court's judicature. It deals almost exclusively with costs of proceedings at the first-instance procedure. The thesis in its introduction highlights the importance of the issue of costs of proceedings and the significant impact of the cost statement on the individual parties involved. It sets out the basic distribution of costs for general and special costs and lists their basic functions, ie the preventive and sanctioning function. The introduction also describes the role of the Constitutional Court in relation to costs of proceedings. After a short introduction to the issue of costs of proceedings, the list of the types of costs, their description, their functions and legal regulations are listed. More capacity is devoted to the court fee and issues related to it. These include the amount and extent of the charge, the exemption (and its types) from the payment of the court fee as an expression of the right to judicial protection and others. Subsequently, the thesis deals with the question of payment and reimbursement...
|
|
|
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...
|
|
|
Legal status of the judge in the Czech republic
Stieberová, Marie ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Název práce v anglickém jazyce: Legal status of the judge in the Czech Republic Abstract The work deals with the topic "Legal status of the judge in the Czech Republic". I chose the topic of the thesis because I consider the function of judge to be one of the vertices that can be achieved in the legal field. Everything related to this feature seems to be interesting and investigate. In addition, I consider the topic is important in society. I had the oportunity to work as an assistant to two civil judges in the district court for two years and to look into the "court action". During this time I came into contact with several judges, I attented several courts hearings. The thesis is divided into 23 chapters. The beginning of the thesis is devoted to the historical development of the judiciary and to the related development of the position of a judge in the Czech Republic. Rendering in historical contects is important for easier understanding of the influences they had and have an impact on today's legal status of a judge. From a historical point of view this helps to avoid potential mistakes from the past in the future. The judiciary of the present is specified in the following chapters, which regulate the rules of the judiciary, the conditions for the establishment and exercise of the judge. The position of...
|
|
|
Declaratory action
Kubričanová, Markéta ; Winterová, Alena (advisor) ; Pohl, Tomáš (referee)
Declaratory action Abstract Declaratory action is an instrument which enables to claim authoritative judicial statement that certain legal relation or right exists or not exists if the plaintiff has urgent legal interest on such declaration. After introduction of an action in general, formal requirements of an action and effects of taking an action the thesis deals with declaratory action complexly - from brief excursion to its historical development through its legal regulation and judgments of the courts of higher instance that evolve the legal regulation furthermore including treatise on special declaratory actions explicitly specified in statutes which have otherwise substantive character. Through the practically most frequent declaratory actions it is pointed out to problematic aspects which can appear in connection with taking these actions and it is outlined how to compose the declaratory action. In conclusion there is attached the comparison of legal regulation of the declaratory action in the Slovak Republic and in the United Kingdom.
|
|
|
Notarial deed with declaration of enforceability
Hönig, Ondřej ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis titled "Notarial deed with declaration of enforceability" deals with the specific type of notarial deed, which is also enforceable title for enforcement procedure. It is a special type of notarial deed, whose tradition dates back to the 19th century. The aim of this work is to describe notarial deed with declaration of enforceability from the perspective of civil proceedings because it is the legal instrument, which for its flexibility, can in practice, replace Court Judgments. This thesis is divided into five chapters. The first chapter contains a brief historical development of notarial deeds with declaration of enforceability since its adoption into legal system in 1871 to the present. The second chapter deals with notarial deeds as authentic instruments, as well as notarial deeds on legal acts and then by each type of notarial deed with declaration of enforceability, including notarial deed as European Enforcement Order and relationship between the notarial deed with declaration of enforceability and civil adversarial proceedings. The third chapter focuses on notarial deed with declaration of enforceability as title for enforcement procedure and subsequently reviews of a notarial deed within enforcement procedure. The fourth chapter of thesis deals with notaries' responsibility for...
|
|
|
Persistence of Procedural Relationship of Parties in Civil Proceedings
Zapletalová, Veronika ; Winterová, Alena (advisor) ; Frintová, Dita (referee)
Persistence of Procedural Relationship of Parties in Civil Proceedings The thesis deals with the procedural relationship in adversarial civil proceedings. The aim of the thesis is to define the persistence of procedural relationship as a characteristic of civil proceedings, as one of the fundamental principles of civil proceedings, and to analyze exceptions to this principle. The thesis is divided into two sections. The first one focuses on changes of parties in procedural relationship, while the latter one focuses on changes in procedural relationship attributable related to the court. The thesis aims to comprehensively address the procedural relationship of parties, thus it includes a section referring to changes of procedural relationship related to the court. The thesis primarily focuses on changes of procedural relationship relating to the parties, such as joinder of parties and substitution of parties. Since the general rule refers to the persistence of procedural relationship, derived from the rights of parties to a judgement on the merits, it is necessary to save the procedural rights of parties should any exception to this general rule apply. The thesis, conforming to the proportionality principle, addresses the suitability and necessity of such legislation. The current legislation seems to be...
|
|
|
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...
|
guest ::
