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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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Parties to contenious proceedings
Spěváková, Kristýna ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
The thesis deals with legal regulation of participation in contentious proceedings. Procedural subjects are one of the definitional elements of the civil proceedings; they are mainly the court and parties to proceedings. Therefore, legal regulation of parties to proceedings is an important component of law of civil procedure. The thesis depicts the present legal regulation of participation in contentious proceedings, evaluates its suitability and proposes appropriate changes with regard to clarity, unambiguity and fulfilment of the right to a fair trial. It includes description and analysis of the effective legal regulation, examines main problems, compares interpretation and opinions in professional literature and also deals with the court interpretation of relevant legal regulation. Moreover, a partial aim of the thesis is to depict the reflection of the new civil code in the procedural regulation and to evaluate whether such reflection is optimal. The thesis is divided into eight chapters which deal with the component topics. The first chapter deals with general matters of parties to contentious proceedings including material and procedural standing and the principle of equality. The second chapter concerns prerequisites for participation in proceedings, thus analyses capacity to sue and to be...
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Types of civil procedure
Beroušková, Monika ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The attempt of this diploma thesis is to introduce the reader various types of civil procedure. The civil procedure is one of the types of justice besides criminal, administrative and institutional justice. The civil procedure represents the united process, which is internally differentiated. This differentiation is the result of historical development, when the original function of the civil procedure access additional features. The purpose of the civil procedure is not only to provide protection to endangered rights. Another function is to protect the rights against threat. Finally, there is the function of execution and reinsurance. The purpose of this thesis is to provide a comprehensive overview of the various types of civil procedure, their characteristics, common features and differences. The content of this thesis are various types of civil procedure and it is divided into three parts. The first part deals with the civil procedure in general and it's history. The second part, as the main part of the diploma thesis, focuses on characteristics of each types of civil procedure. First there is described civil trial proceedings, which is divided into contentious and non-contentious proceedings. The purpose of civil trial proceedings is to protect the violated or threatened rights or regulation...
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Declaratory principle in contentious and non-contentious proceedings
Mika, Karel ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The topic of this diploma thesis is the declaratory principle in contentious and non- contentious proceedings. The aim of this thesis is to describe how the declaratory principle is applied in both forms of Czech civil proceedings, contentious and non-contentious. There are some differences between application of the declaratory principle in a contentious proceedings and application of this principle in a non-contentious proceedings. Parties are much more free to dispose of their claims in contentious proceedings, because the declaratory principle is one of the main principles of this form of civil proceedings. It is necessary to say that legal system in the Czech Republic is the continental legal system and the declaratory principle is traditional for continental legal system. The declaratory principle also means that the court is limited in its decision making. It is not possible to decide more than it has been asked to. The major part of this thesis is about disposition acts. How it was mentioned before, parties are free to dispose their claims in contentious proceedings and the reason for it is that they are able to use many disposition acts. Each of these procedural acts is defined in its own subchapter of this work and there are also mentioned related judgements. Other parts of this diploma thesis are...
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Position of a judge during evidence proceeding in contentious procedure with regard to the practice
Tajovská, Ludmila ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The main goal of this master's degree thesis is to provide information about position of a judge during evidence proceeding in contentious procedure with special focus on production of evidence. In the text I often use particular decisions of the Constitutional Court of the Czech Republic and the Supreme Court of the Czech Republic to demonstrate how theoretical legal institutes are applied in practice. I have decided to choose this topic because I am very interested in judge's profession and its practical aspects especially within evidence proceeding. More reasons for my research are stated in the very first introductory part of my theses. The whole theses is composed of three parts and each of them dealing with different sides of evidence proceeding or position of a judge within the meaning of his rights, duties, activity and also responsibility. Part One generally characterizes evidence proceeding and it makes the foundation for following part that is focused on partial phase of evidence proceeding (i.e. production of evidence). This part is divided into four chapters. The first chapter describes contentious and non-contentious procedure and also gives an explanation of main distinctions between these concepts. The second chapter concerns with basic principles of justice and civil procedure. The...
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