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Compulsory representation by an attorney-at-law in comparison
Fořt, Jaroslav ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The diploma thesis deals with the institute of compulsory representation in a civil dispute. That is, a situation where the parties to such a dispute must be represented by an attorney-at- law. The diploma thesis provides a comprehensive review of this institute and its regulation de lege lata including excursions to the regulation of compulsory representation outside civil procedure. It further compares it to the historical regulation of compulsory representation in the territory of present Czech Republic and with foreign legislation as well, specifically with the regulation of compulsory representation in Austrian, German and Slovak procedural codes. The diploma thesis emphasizes the regulation of mandatory representation de lege ferenda. Aside from considering individual aspects of possible future regulation and the general benefit or, on the other hand, the disadvantages of introducing compulsory representation, it compares it both to the draft Act on collective proceeding and to the Substantive Intent of the Civil Procedure Code. Although one of the proposals is already under legislative process (as of the date of concluding the manuscript of this diploma thesis) and the other is more of a set of basic theses for further discussion, both proposals introduce mandatory representation into Czech civil...
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Legally Philosophical Aspects of Searching for Truth in Civil Procedure
Gazda, Viktor ; Dvořák, Bohumil (referee)
Legally Philosophical Aspects of Searching for Truth in Civil Procedure DIPLOMA THESIS Viktor Gazda Abstract The aim of this thesis is to discuss certain legally philosophical aspects of fact- findings in civil procedure. In a simplified way, this work is focused on exploring the possibility of determining the value of truthfulness of quaestio facti when applying law. The six chapters of the work include three basic themes. The first one examines the reflection of the philosophical concepts of truth in the process of determining the facts of a case, the second one clarifies the nature of the ideological aims of fact-findings in the form of principles of formal and substantive legal truth and the third topic deals with the nature of a judge's beliefs in the truthfulness of factual claims and the role of probability in the judge's belief At first I briefly present the phenomenon of truth in a wider philosophical context so that I can then proceed to outline the selected theories of truth. After explaining the basic essence of the legal procedural principles which have the greatest impact on the process of finding the facts, I pass, in another part of the thesis, to the very analysis of these principles through the prism of selected theories of truth. The reflection of the philosophical concepts of...
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Appeals in civil proceedings
Horáček, Petr ; Winterová, Alena (advisor) ; Sedláček, Miroslav (referee)
a klíčová slova v anglickém jazyce Title of rigorous thesis: Appellate review in civil procedure Abstract The rigorosum thesis focuses on the extraordinary remedy of "appellate review" (in Czech: dovolání), as stipulated in Act No. 99/1963 Coll., the Code of Civil Procedure, as amended. The remedy is extraordinary in the sense that it allows to contest a final and enforceable court decision. The thesis is divided into seven chapters. The first two chapters focus on the general principles of civil procedure, appellate systems, types of remedies and the history of the concept of appellate review. The second chapter also includes a passage presenting the planned recodification of civil procedure based on the substantive intent of the Civil Procedure Rules drafted in 2017. The third chapter is the core of the thesis and contains, in particular, the conditions for admissibility of appellate review and the requisites of an application for appellate review. The chapter describes who can lodge an application for appellate review, and specifies the place and deadline for filing the application. Two autonomous requisites are essential for an appellate review and the relevant proceedings: (a) definition of the conditions for admissibility of appellate review; and (b) specification of the grounds for appellate...
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Civil Procedure and Consumer
Málek, Radek ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Civil Procedure and Consumer Abstract This rigorous thesis deals with the topic of private law procedure in relation to the consumer and especially the exercise of his rights. The current state of legislation in this area is highly stratified and multilevel. In addition to the traditional possibility of claiming the individual rights through private litigation before a civil court, dispute resolution methods are also gaining prominence in the field of consumer law due to request for enhanced enforcement of highly harmonized substantive law, which should provide better access to justice and consumer rights also through effective access to the state authorities that would judge such disputes. In connection with a significant amendment to the Consumer Protection Act, specialized procedural protection of consumer rights was institutionalized through the introduction of so-called alternative dispute resolution methods, which are divided among several bodies having jurisdiction and competence in a particular dispute, either to make a binding decision or lead parties to reconciliation or conclusion of a private law agreement. In addition to this relatively new legal regulation of alternative dispute resolution for consumer disputes, the traditional method of dispute resolution in arbitration proceedings also...
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Appeal in civil procedure
Bednárová, Veronika ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
1 Appeal in civil procedure Abstract The presented rigorous thesis deals with the issue of appeal in civil procedure with an emphasis on a contested litigation. Appeal constitutes the only ordinary legal remedy that can be applied in civil procedure according to the effective legal regulation. From the point of view of systematics, my thesis is divided into eleven sections, which are, because of clarity and logical division of individual parts of the discussed issues, further divided into sections and then into articles. The two introductory sections are devoted to more general reflections on the chosen topic. The first section contains an introduction to the issue of the legal review of judicial decisions, specifically focusing on a general interpretation of issues of remedial procedure, remedial systems, and finally the division of remedies into the regular and extraordinary ones. The second section focuses on the historical development of the legal regulation of appeal in the Czech countries, both before 1918, and afterwards. The second part of my rigorous thesis, consisting of the remaining nine sections, is already working with the problem of appeal from the point of view of the currently effective legal regulation. They include the general characteristics of the institute of appeal in civil procedure,...
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Adversarial principle in the civil procedure of Czechoslovakia and later the Czech Republic throughout the 20th century: an analysis
Koževnikov, Michael ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Adversarial principle in the civil procedure of Czechoslovakia and later the Czech Republic throughout the 20th century: an analysis Abstract The aim of thesis is to analyse the adversarial principle in the civil procedure of Czechoslovakia and later the Czech Republic. The hypothesis states that there were three different time periods, each with its unique look at adversarial principle, which the later interpretation of courts and authors maintained. First, I challenge this hypothesis with respect to authors and courts continuing in the footsteps of creators. After that I search for any common ground between all of the concepts. Both topics are examined with respect to how the facts of the case were collected and to whether the court was obliged to follow cause of action pursued by the parties. Based on the analysis of literature and case-law from 1918 to present the conclusions are following: With respect to how the facts of the case were collected, majority of literature and case- law published in the first part of communist regime replaced the adversarial principle by the inquisitorial principle, giving precedence to the activity of court instead of rejecting the claimant's action on the basis of lack of facts presented. The situation changed in literature in the second part of the communist regime,...
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Class Actions
Karim, Martin ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Class Actions Abstract This thesis deals with class actions. These are currently (and rightly so) a much-discussed topic. On March 6, 2020, the government submitted a government bill on collective proceedings, which is controversial, primarily due to its inspiration in the American class action lawsuit. The main thorn in the side of the bill's critics is that the government proposal includes the opt-out proceedings, i.e. the type of proceedings that forces the class members to deregister. It is present in the current proposal along with the opt-in proceedings, which are guided by the opposite principle. This thesis examined, in particular, the appropriateness of adopting collective proceedings into the Czech legal order and the potential problems that the proposed arrangement may cause. Regulations on collective redress in the US (which has been an original idea source for the government bill) and the Netherlands (which shares some aspects with the current version of the bill after its January amendment) were also examined. From the methodological point of view, analytical, normative, comparative, and synthetic approaches were mainly used in this thesis. First, an analysis of legislation, literature and case law was performed. The current government bill on collective proceedings was extensively commented...
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Expert Opinion and Its Assessment
Karpíšková, Klára ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Expert Opinion and Its Assessment Abstract Expert opinion is an important institute for professional evaluation of facts and is widely used in public and private law. This thesis primarily focuses on the examination of expert opinion as a means of proof from the point of view of civil procedural law. In civil procedure, an expert opinion often serves as a basis for issuing a court decision. For this reason, high requirements are placed not only on the persons of experts but on expert opinion itself as well. This thesis focuses on the judicial assessments of an expert opinion, i.e. the judicial evaluation of whether the expert opinion meets all the requirements that it should meet by law. Special emphasis is placed on the reviewability of the expert opinion, as it is a prerequisite for any evaluation. Furthermore, the criteria for judicial review of expert conclusions are determined and defined in this thesis. They include legality, relevance and truthfulness. The criterion of factual correctness is examined in more detail, as its application is the most conflicting within the academic circles. However, this work argues and concludes that the court should subject the expert opinion to a full assessment, including the review of factual correctness, otherwise a court decision could ultimately be a...
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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...
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Interim measures in civil procedure
Bartoňová, Gabriela ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Interim measures in civil procedure Abstract Interim measures in the Czech Republic serve the purpose of providing means to secure rights of a person who claims them. This security lasts for a limited time, until the court makes final decision concerning subject matter, or until this decision can be executed. Interim measure is thus only a temporary solution and must be followed by submitting the claim itself. The decision concerning interim measure must be reached quickly and without defendant's prior knowledge, otherwise the purpose of interim measure could be defeated. Because of that the plaintiff is given certain procedural advantages in interim measures proceedings. Thus, the priciple of equal treatment of the parties will not be implemented in the fullest, which is justified by specific nature of the interim measures and their temporary effect. Rights of the defendant are protected by security provided by the plaintiff, possible additional raise of this security and plaintiff's liability for damages. The principle of equal treatment of the parties is most disturbed during the procedure at the first instance court, because the defendant actually does not participate at all during this part of procedure. Current interim mesures legislation is implemented in Act no. 99/1963 Coll., Code of civil...
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