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Application for an appeal review on the points of law in civil procedure
Hrbek, Tomáš ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
This thesis focuses on the effective regulation of the application for an appeal review reflecting it from the point of its value background, historical development and the relevant case-law. With an intention to point out the necessary backing for the critical assessment of specific elements and the present form of the application for an appeal review in a civil procedure as a whole, the thesis deals with the theoretical basis of the legal remedies in the civil procedure and with the role of the application for an appeal review in their effective regulation. In the thesis, particular attention is paid to the purposes of the application for an appeal review, i.e. to the unification of the case-law and the protection of the rights of an individual in a particular case, as far as to their relation to the legal certainty resulting from the final decisions, which the use of the application for an appeal review undermines. The thesis contains the general conclusions on the relationship between these values and the conclusions on the appropriateness of the regulation of the particular elements of the application for an appeal review, which are connected with these values. A special chapter of this thesis deals with the history of the appeals focusing only on that facts and legal constructs, which are...
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Decision-making of the Constitutional Court of the Czech Republic and its impact upon civil proceedings
Bartoš, Jan ; Winterová, Alena (advisor) ; Frintová, Dita (referee)
Name of the text, you are holding in your hands, could be well translated as "Decesion making of Czech Constitutional Court and its influence on civil procedure." It consist of three very separate parts, each of them following its own topic, linked up together only with major role of Constitutional Court (further "CC"). First chapter is dedicated to a slightly controversial case, which has been widely publicly discussed. The topic is strictly procedural, it refers to the possibilty of higher courts to remove and assign single cases to different judge/panel of judges. Although under certain circumstances allowed, in this case it seemed to be an unjustifed violation of art. 38 par. 1 of Letter of human rights and I conclude arguments, which could justify such restrictive process. Second one is following last ten years of interventions in Code of Civil Procedure, namely in regulation of review of appeal. In the first part are described reasons, why CC consider decision with missing justification unconstitutional and accordingly declares corresponding part of Code of Civil Procedure unconstitutional. In second part I analyze long-term contrary judgements of CC and Czech supreme court on admissibility of review of appeal which resulted in major part of regulation being declared unconstitutional. I...
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Application for an appeal review on the points of law in civil procedure
Polánský, Adam ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Resumé The official title of my thesis is Application for an appeal review on the points of law in civil procedure. The main objective of this thesis is to describe the development of an institute of an application for an appeal review throughout the legal history of the civil procedure in the area of the Czech Republic up to current state, with a particular focus on the conditions of admissibility of such application and its essentials. My thesis is composed of three chapters. The first chapter is to introduce the reader to the historical development of an application of an appeal review from the very beginning in the 18th century up to date. In particular, the landmark Constitutional Court decision (sp. zn. Pl. ÚS 29/11) is emphasized in the end of the chapter. The second chapter deals with the actual legislation of an application for an appeal review in The Code of Civil Procedure. Its main goal is to describe this institute as whole. It is also to provide the reader with further analysis of some controversial issues of the actual legislation as the conditions of admissibility of an application and its essentials required by the law. Finally, it manifests the attitude of the judiciary towards these problematic features of the actual legislation. The third chapter contains the brief explication about an...
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Extraordinary appeal
Engelmann, Jan ; Šámal, Pavel (advisor) ; Bohuslav, Lukáš (referee)
1 Abstract My master's thesis is focused on analysis of extraordinary appeal in criminal procedure. Extraordinary appeal is one of extraordinary remedial measures which was introduced into the Czech Criminal Procedure Code with effect from 1 January 2002. The thesis is devided into 6 chapters and the main chapter of the thesis is focused on in-depth analysis of the grounds of an extraordinary appeal and the issue of so called extreme discrepancy. So far, the issue of so called extreme discrepancy has not yet been subject to in-depth analysis in professional literature, therefore I pay more attention to this matter. The importance of so called extreme discrepancy is significant for the Supreme Court of the Czech Republic and its decisions. It is a concept arising from the case law of the Constitutional Court of the Czech Republic, which extends the grounds of an extraordinary appeal despite the grounds laid down in the Czech Criminal Procedure Code. Based on this concept the Supreme Court of the Czech Republic is obliged not only to review questions of law but also questions of fact in cases with so called extreme discrepancy. The Constitutional Court of the Czech Republic defends this concept saying it is neccessary to keep this approach in order to respect the fair trail within the meaning of the European...
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Extraordinary remedies in the civil procedure
Nedvěd, Jakub ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
Extraordinary remedies in the civil procedure Abstract This thesis deals with extraordinary remedies in the civil law system. First, the thesis provides a definition of each remedy system and a brief description of the main principles on which the remedy systems are built. Then, in chapters three to five, the thesis discusses the individual extraordinary remedies, with particular attention paid to the extraordinary appeal due to its privileged position among the remedies. The extraordinary appeal is followed by a discussion of the action for nullity and then the action for retrial. The positive legislation in Act No 99/1963 Coll., the Code of Civil Procedure, as amended, regulates the action for a declaration of annulment and the action for a retrial together in chapter four. Therefore, chapter five of this thesis deals in particular with the exceptions to the action for a retrial. Chapter six of this thesis aims to present the analogical institutes of extraordinary appeal in the German and Austrian legal systems, which is in particular the revision. In particular, the chapter discusses the conditions under which a given remedy is admissible and presents some specific institutes of the analogical legal systems. Chapter six concludes with a comparison of the frequency of pending appeal/review cases with the...
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The system of remedial measures
Musilová, Markéta ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Theme of thesis The system of remedial measures Abstract This master's thesis deals with the issue of correction systems and remedial measures based on them in the Czech legislation. The aim of this work was to describe individual aspects of the appeal, cassation and revision correction system on the current regulation. This thesis includes the characteristics of correction systems from a theoretical point of view and the application of the principles of correction systems in the Czech legal regulation of remedial measures. The master's thesis consists of seven chapters. The first chapter is a general introduction to the correction procedure. It explains the concept of a correction system and describes the general features according to which the individual systems are divided. The second chapter characterizes the individual correction systems. The chapter is divided into three parts. First, the appeal system is characterized, which is divided into the complete and incomplete appeal system, then the cassation system and finally the revision system. The third chapter is devoted to remedial measures in our legislation. Remedial measures are characterized and proceedings of individual remedial measures within the current legislation are further discussed. This chapter has two parts. The first one is about a...
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Appeal
Pomije, Michal ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
1 Abstract Diploma thesis - Appeal This diploma thesis deals with the legal regulation of one of the extraordinary remedies of the Czech civil process - appeal. The first goal of my diploma thesis was to introduce systematic rules and extraordinary means in general and to add permits to their system, while in the first chapter I further analyzed the corrective systems according to which the scope of control activities of the court is determined. The legal regulation of permits has undergone the existence of dynamic changes during its existence, another, and primary, the aim of this work was described by the current legislation allowing and further outline the development of permitting legislation, which was returned as an extraordinary remedy in 1991. One of the other goals I chose is the description of the new concept of the legal regulation of permission, the regular remedy, which is regulated in the draft of the new Civil Code of the Ministry of Justice - the substantive intent of the Civil Procedure Code. According to the authors of the substantive intent of the introduced larger economic court proceedings, the change of permission to an ordinary appeal. According to the authors of the substantive intent, an important element would be a higher degree of legal certainty for the participants in the...
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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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Extraordinary appeal in Common Plea
Černá, Karolína ; Winterová, Alena (advisor) ; Dvořák, Bohumil (referee)
Extraordinary appeal in common plea represents one of extraordinary remedies which should be the last possibility of judicial review of decisions issued by lower court instance provided by the general court even though such decisions are legitimate. In connection with previous it is necessary that regularization is set in such manner that the interference with the legal relations is insignificant in comparison with interest for review and reach of justice. Within the extraordinary appeal the Supreme Court fulfils its two fundamental functions, i.e. ensuring of individual rights and also consolidation of judgements and completion of law. It is this balance of two functions which have resulted in issuance of quite a lot of amendments to Civil Procedure Code related to the extraordinary appeal in past, thus it is possible to state that the actually valid legal regulation (in its basic outlines) has been de facto same as of the effectiveness of Act no. 404/2012 Coll. Most of amendments were connected with admissibility of the extraordinary appeal which sets the principles for fulfilment of the Supreme Court functions. Determination of admissibility qualification together with determination of reason for extraordinary appeal mean some of essentials of extraordinary appeal which cause difficulties to...
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Factual findings and legal assessment
Janoušek, Jiří ; Winterová, Alena (advisor) ; Dvořák, Bohumil (referee)
FACT-FINDING AND LEGAL ASSESSMENT Abstract According to the difficulty of the subject and key question being discussed in this study, it is not the aim of this work to come up with one perfect solution of distinguishing between factual and legal question during an application of law in civil procedure. The theme of this study implies that the main goal is to get as close to actual explanation of any potential solution as possible, using predominantly an analytical method of legal research, and to approach this subject also from less traditional points of view. This work is focused on one of fundamental problems of procedural law which also has deeper theoretical basics. It starts with a typical scheme of an application of law where the factual question (consisted of perceiving and evidence) and legal question (where the iura novit curia principle is applied). After finishing the fact-finding process, these findings are subsumpted under a general legal norm. A subsumption itself is the centre of the problematics of incorrect legal assessment. The study also includes a different view on this classical model of application of law. A precise distinguishing between factual and legal questions in civil procedure has a big influence on several areas of civil procedure, while the most important part is the only...
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