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Petition and judgment (their interrelation)
Balaš, Matej ; Zoulík, František (advisor) ; Smolík, Petr (referee)
57 7 Summary Action and judgment (mutual relation) I have chosen this topic for my Master's degree thesis, because I am interested in civil law, especially in a civil litigation. In my thesis I tried to explain institutes of both law action and judgment and of course the mutual relation between them. Civil procedure is a procedure carried out by state courts as judicial bodies of power. Civil process takes place before the courts, which decide disputes and other legal matters arising from civil, labor, family and business relationships. People are requesting the protection of their endangered or broken rights by bringing an action. Person who brings an action we call the suitor and person against whom the dispute is called defendant. Both these parties are given the same procedural rights and obligations, therefore, in the proceeding they are equal. Finally, the dispute is decided by a court from a position of an independent third party. Judgment is a form of judicial decision, which terminates the proceedings and resolve the dispute. Only the court is entitled to make judgments and decide authoritatively on the rights and obligations between the suitor and defendant. Court makes an response to suitors request for protection of his rights. Court is bound by action, and may depart from it only in specific...
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Types of civil procedure
Kratochvílová, Jitka ; Zoulík, František (advisor) ; Smolík, Petr (referee)
The goal of my Master's degree thesis is to describe the relation between an action and a judgment. My paper is divided into 9 chapters and several subchapters. After a general introduction in chapter 1, I describe the civil procedure and its basic principles in chapter 2. Chapter 3 is focused on describing an action and a judgment separately. It defines both of these acts, an action as an act of a plaintiff, a judgment as an act of a court. This basic definition is followed by an explanation of what form must these two acts have (written, oral, electronic…) according to the Czech Civil Procedure Code. In the next subchapter I describe the main requirements of these two acts (an action - court address, names of a plaintiff and a respondent, names of their representatives…, a judgment - a verdict, a justification and guidance on appeals). Chapter 4 provides the relation between an action requirement and a judgment verdict. A plaintiff summarizes his/her requests in an action requirement. By that he/she is presenting the dispute to the court. The court deals with plaintiffs' requests in his verdict. We can say the verdict of the court is destined by the action requirement. In the last subchapter of chapter 4 I am presenting several examples of action requirements and judgment verdicts. In Chapter 5...
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