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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...
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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.
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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...
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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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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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Civil action
Tekeľová, Petra ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
This master's thesis deals with the civil action. A civil action denotes a pleading of the plaintiff to initiate a civil procedure. It represents a fundamental act based on the disposition principle of the party seeking protection of their private rights that they claim to be endangered or violated before a court of law. Thus, a civil action is a manifestation of the right to legal protection and in connection to that right, the obligation of the state is to ensure that all parties can enforce their rights in a stipulated way of actions before an independent and unbiased court of law. This master's thesis is divided in the following seven chapters: historical development, civil procedure, rules of civil procedures, actions, types of actions, disposition principles with complaints and the types of demanded outcomes of the plaintiffs. The contents of the first chapter are the historical development of civil actions. The chapter is divided into two parts. The first part is devoted to the Roman action, where the character and form of the action in Roman law are described and further the single types of actions that the Roman law had are outlined. The second part deals with the historical development of actions in the Czech lands, i.e. from the ancient times, through the period of absolutism until today....
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The electronic payment order procedure at the district court
Nippertová, Pavla ; Macková, Alena (referee) ; Smolík, Petr (referee)
In this thesis is described electronic order for payment procedure at the district court. Thesis is divided into six chapters. It begins with a history. The main body of the thesis deals with a legal analysis of the electronic order for payment procedure at a district court. It involves the beginning of the procedure, conditions of procedure, delivery, correction tools, and finally, enforcement. It points at deficiency in legal regulations which makes the interpretation of law problematic. In addition, there can be found a comparative study with a German legal system and European order for payment is also mentioned.
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Electronization of civil procedure
Tunkl, Tomáš ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The diploma thesis Electronization of civil procedure is devoted to the implementation of the information technologies and institutes of the electronic justice to the Czech civil procedure, mainly to the discovery, executive and arbitrage proceedings. It provides an objective and complex overview of the evolution of these institutes, relations between them, practical problems in the daily use and possible future development. The largest chapter concerns the institutes common to all kinds of civil proceedings, such as acts executed by court (e.g. logging, pleadings, and delivery), acts made by parties (e.g. submissions), evidence and judgment. The course of the discovery proceeding taking into account the electronization is explained in the second chapter. The third one does the same for the executive proceeding. The penultimate chapter is devoted to the arbitrage and mainly to the Online Dispute Resolution. The thesis is ended with the conclusion which summarises the findings (uncoordinated process of adoption, defects in the everyday use, disunited and unlinked user environments) and gives a possible solution to the defects and the disunited user experience of the institutes of electronic justice that has been adopted during the last decade.
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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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Judgment by Acknowledgement and Judgment by Default
Klein, Jakub ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
70 Abstract This diploma thesis is focused mainly on the judgment by acknowledgement and judgment by default which are institutes of the civil procedural law, which purpose is mainly to increase the efficiency of the legal proceedings. The aim of the thesis is to offer a complete overview of the current legal legislation and its practical usage. At the same time this thesis attempts to cope with problems, which the current legislation suffers with, and offers convenient conceptual solutions. This piece of work is divided into five chapters. The first chapter generally concerns the judgment by acknowledgement and clarifies the conditions in details that are essential to meet for its issuance. It concurrently distinguishes the judgment issued on the basis of actual acknowledgement by defendant and a judgment issued on the basis of legal fiction of acknowledgement of claim. The second chapter is dedicated to the institute of judgment by default. In the first subchapter the individual preconditions for the judgment by default issuing are being discussed in details, whether the formal or the material ones. This subchapter is divided according to these individual preconditions. The second subchapter deals closely with the defence of the defendant consisting in the proposal of cancellation of the judgment by...
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