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Means of evidence in civil proceedings
Krulíková, Kateřina ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
The diploma thesis analyses means of evidence used in civil proceedings. Means of evidence are integral part of proofing process which is considered to be the foundation of civil litigations. The goal of this thesis is to provide comprehensive categorization of means of evidence used in civil litigations and depict some of their specifics, including means of evidence which are not specifically regulated by the law. The thesis is based on specialized literature, legislation, and, from a large part, also on Czech courts case law. Text of the thesis is divided into four chapters, each of them further divided into several sub-chapters. First chapter is general introduction to civil lawsuit and proofing problematics. It defines proofing process itself, subject of proofing, and principles applied in the court at this stage of the lawsuit. Second chapter describes means of evidence in general. It provides reader with means of evidence definition and categorization, and also defines means of evidence which are inadmissible in the civil lawsuit. Third, the most extensive chapter, is dedicated to means of evidence which are specifically regulated by code of civil judicial procedure. It describes each of them in detail, differentiates them, and also describes proofing process in the court trial. First...
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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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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...
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Preliminary injuctions in civil procedings
Hrnčiřík, Vít ; Winterová, Alena (advisor) ; Elischer, David (referee) ; Vychopeň, Martin (referee)
The topic of preliminary injunctions (injunctive relief) in civil proceedings has not been monographically processed and published in the Czech Republic for more than one hundred years. That is in spite of the practical relevance and topical debates pertaining to the topic. A whole array of problematic questions connected to preliminary injunctions is controversial and also legal opinions in Czech commentary literature considerably diverge in respect to particular issues. The thesis offers a systematic approach to preliminary injunctions and proceedings governed by the Czech Civil Proceedings Code and the Statute on Special Court Proceedings ("OSŘ" and "ZŘS"). Attention is paid to historic developments and comparable jurisdictions (especially Germany and Austria), which are used as a reference in cases where Czech sources are insufficient. The aim of the work is to pose and answer fundamental questions of the "law of preliminary injunctions". The work deals with function, typology, relation to the proceedings based on merits, interlocutory character, limits, means, effects, particularities (such as demonstration, justification), requirements for granting and possibilities of enforcement of preliminary measures, further with relation to relative legal creatures (i.e. preliminary enforceability) and...
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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...
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Evidence in civil proceedings (selected problems)
Zezulka, Ondřej ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The object of this master's degree thesis is to present a view of the evidence in civil proceedings. The document concerns the process of evidencing from both theoretical and practical point of view as it provides factual and material information which is crucial for the meritory decision of a court. The thesis is divided into three main chapters. There is also an introductory part situated in the very beginning of the paper which concerns the main reasons why the author chose this particular topic and describes overall importance for society. Furthermore, the thesis is ammended by a conclusion at the end of the paper. It comprises a subjective evaluation of the current legal basis and proposes possibilities of improvement of the Czech Civil Procedure Code. The first chapter focuses on the general description of the process of evidencing. It provides a legal definition of the concept of evidencing in connection with an explanation of other basic terms such as the subject of evidence, principles of evidence, a legal concentration etc. The role of the court, its main tasks and the level of maximum permitted initiative in civil proceedings are also taken into account. The second chapter concentrates on procedural obligations of the parties to litigation. Legislature imposes a certain procedural...
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Benefit of creditor in civil proceedings
Netušil, Jiří ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
Benefit of creditor in civil proceedings is the topic of the thesis. The benefit of creditor is defined for the purposes of this thesis as a complex of three conditioning factors - the strictness of legislation, the representation of creditor by a lawyer and the passivity of the defendant debtor. Selected institutes of civil proceedings are then measured against the principle of equality of the parties as a fundamental principle of the civil procedure. The thesis, which has introductory and closing chapter too, is divided into five chapters, whose aim is the analysis of civil procedure and its various institutes in terms of potential, but also the real benefit of the creditor as plaintiff. The rigorosum work also includes selected institutes in the first phase of the civil procedure, which is the main part of the work, then deals with selected questions of notarial record with consent to execute, an arbitration procedure, execution and insolvency proceedings.
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Procedural aspects of mediation in EC law
Rivera, Eva ; Tomášek, Michal (advisor) ; Pauknerová, Monika (referee) ; Zavadilová, Marta (referee)
Procedural aspects of mediation in EC law Eva Rivera, 2011 1 Abstract The objective of this dissertation is the determination of the significance of procedural aspects of mediation and the answer to the question to what extent it has been considered within European Union law. The research is based on the assumption that the acknowledgment of a procedural relevance of mediation is crucial for its overall effectiveness. Mediation is besides its feature as a communication technique becoming ever more important as a dispute resolution procedure for civil and commercial conflicts in Europe. In this context the role of mediation within and in relation to other procedures for the resolution of disputes has to be considered. While on one hand the terminology and the differences between mediation and other forms of Alternative Dispute Resolution (ADR) as well as certain judicial attempts of settling disputes may not always be easily determined, on the other hand, it can be stated that the ADR form of mediation is beyond its early stages and clearly shows its own procedural relevance. The comparison of European national jurisdictions in the field of mediation leads to a core definition of mediation as a voluntary process where a third person without the authority to pass a binding decision over the dispute between...
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Types of civil procedure
Chromčíková, Viktória ; Zoulík, František (advisor) ; Pohl, Tomáš (referee)
Types of civil proceedings written by Viktória Chromčíková Abstract This thesis deals with kinds of civil proceedings which have developed for protection of rights in private law sphere. Courts are the authorities that provide protection for rights. In civil proceeding they judge disputes in private law and other issues provided by special acts. There are several kinds of civil proceedings that have developed in time. The history of civil proceeding is described in the first chapter of this work. In the other chapters there are particular kinds of civil proceedings existing according to the present Czech law analyzed. Adversary proceedings resolve the usual dispute of two parties which obtains all that it takes - proceeding is initiated by a petition against a certain person. There must be a hearing held in the case where the both parties are heard (they have the same opportunity). Opposite to this procedure there are proceedings where there is no dispute in the case, but the decision of a court is obliged according to a special act. There is a special public interest on this judgment (decision). Therefore this kind of proceeding can be initiated in official duty and principle of investigation is applied. Execution is initiated only in private interest and is complied with different principles than the...
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Producing evidence in civil proceedings with a special regard to disputes in the area of medical care
Holčapek, Tomáš ; Winterová, Alena (advisor) ; Salač, Josef (referee) ; Uhlíř, David (referee)
Holčapek, T., Evidence in Civil Litigation with Emphasis on Disputes Arising from Medical Care, doctoral thesis, Charles University in Prague, Law Faculty, 2010. The doctoral thesis focuses on the issues of fact-finding in general and evidence in particular, all within the framework of rules of civil proceedings and with regard to lawsuits that result from the providing of medical care. It analyses the factual prerequisites which need to be found (proven) in order to establish liability of the health care provider for personal injury or interference with personality rights of the patient, and discusses who bears the evidentiary burden in their respect, how persuasive the proof has to be and what techniques for the lightening of such burden (e. g. factual presumptions or utilisation of loss of chance or other concept of proportional liability) are employed by various legal systems. The thesis builds on the comparison between Czech law and rules used in other legal areas, including both continental law and common law countries. Keywords: health, medical care, civil liability, civil proceedings, evidence
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