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Types of civil procedure
Vágnerová, Martina ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The attempt of this diploma thesis is to give a comprehensive analysis of all of the components of civil procedure. Civil procedure represents the united process on the outside, but is differentiated inside. We can distinguish five types of civil procedure and within the finding procedure two other types - controversial and uncontroversial. All of these types are constructed on the same basis which is right to a lawful trial. This is the basic principle of justice in general. Considering the scope of this area the diploma thesis focuses on the determination of the elements that are common to some types, and within the frame of the particular types mainly on answering the present questions connected with them. By the characteristics of the finding procedure the attempt is to determinate the principal differences between controversial and uncontroversial procedure and, in connection with that, also to outline the future course in this area. In the chapters concerned with execution and insolvency procedure, the thesis is concentrating primarily on the determination of requirements which must be met to carry out these procedures. In connection with execution procedure there is also outlined this year's amendment, which means some kind of transfer of the judicial execution on the executors. Within the frame of...
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The notary and civil procedure
Straděj, Jakub ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis titled "The notary and civil procedure" deals with the role of notaries in the legal order of the Czech Republic. Notaries public have a long historical tradition in our country, even though the organization of their profession has changed over the years. General awareness of their profession, which is considered to be very conservative, is not too widespread. It was also one of the reasons, why I chose thesis topic from this field. The aim of this work is to analyze the activities of notary, which are related to the civil procedural law and civil process, characterize the principles, which are typical for him and to clarify the position in which is the notary public while conducting each task. This thesis is divided into five chapters. First of them, except a brief history, explains basic concepts such as notary and notary office. This is followed by a description of the fundamental notary principles, assumptions for the appointment and organization of their profession. In the first half of the second chapter are summarized all activities of notaries in the Czech Republic under the current Law on Notaries. The civil process is defined in the rest of the chapter; it connects with the role of the notary to form a logical basis for the following three chapters describing the specific activities....
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The Principle of Arbitrary Order with the Accent on Contentious Trial Proceedings
Krtička, Ondřej ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The Principle of Arbitrary Order with the Accent on Contentious Trial Proceedings The purpose of my thesis is to analyse the principle of arbitrary order and its role in recent civil-procedure legislation both in the Czech Republic and abroad. The reason for my research is the incessant discussion of experts and the continuing need for amendment of the Civil Procedure Code to ensure a balance between examination of facts and reasonable time of hearing. The thesis is composed of six chapters. Chapter One is introductory and defines basic terminology used in the thesis, especially the fundamental principles of civil procedure and principles of procedural order. Chapter Two describes historical development of arbitrary order in our country from the Austro-Hungarian Empire. Chapter Three is subdivided into three parts. Part One highlights the most important international-law and constitutional grounds for the current order of the proceedings. Part Two and Three looks at amendments which brought substantial changes to the principle of arbitrary order after 2000. Chapter Four is focused on today's legislation and problems resulting from its ambiguous interpretation. Chapter Five provides a view of foreign legislation and its approach to the selected topic. The chosen jurisdictions are Austria, Germany and...
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Evidence in civil lawsuit for damages
Valuš, Antonín ; Macková, Alena (advisor) ; Frintová, Dita (referee)
1 Abstract Evidence in civil lawsuit for damages The issue of evidence in the civil lawsuit for damages is a topic containing a significant number of questionable points and legislator's inconsistencies, which are complementing by the judicial practice of courts. The aim of this paper is to provide a comprehensive interpretation of the specifics of evidence in the civil lawsuit for damages with the emphasis on issues which arise from the practical application of relevant legal acts.
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Judicial Responsibility and Limits of the Decision-making Process in Roman Law
Havel, Tomáš ; Skřejpek, Michal (advisor) ; Falada, David (referee)
The aim of the thesis is to highlight various legal institutions which have carried over into modern times from Roman law and at the same time to provide a historical perspective for the on-going discussion about the changes in contemporary Czech justice. The main subject of the thesis is the responsibility of a judge and the limits of the judge's actions during the period of Roman republican law. Although the primary focus of the thesis is civil law, excursions into penal law as well as into the law of the Roman Empire are necessary in order to maintain the integrity of the text.
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Types of actions in The Civil Process
Karafová, Iveta ; Winterová, Alena (advisor) ; Macková, Alena (referee)
1 Summary The purpose of my thesis is not only to summarize the list of actions which we can find in The Czech civil process, but describe them and make focus on some of the main problems in applications and interpretation of actions. The thesis is composed of fifteen chapters, each of them dealing with different aspects of actions. I have looked into the issues by method of research in literature and judicature and analyzes of main problems in comparing with judicature. First chapter is simply introductory to the area. Second chapter introduce actions generally and define basic terminology used in the thesis. In the first part of second chapter we can find short entrance to the history of actions. The term of action in the civil remedial law represents a universal procedural means of the protection of rights which is not directly linked with material law directed at its protection. All the more this frequently applied institute is important since it provides prevention although indirectly for the rights which are threatened by legal insecurity and so it serves to fulfill the fundamental principles of a democratic state guaranteed by the Constitution and the Bill of Rights, particularly the principle of peace (legal security) and the right of just suit: "Everybody can sue for his/her right using a defined...
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Protection of personal rights in civil procedure
Bukovjanová, Lucie ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Resume: This thesis deals with the general personality right of individuals and its civil law protection, proceedings in the first instance. Universal personal law as the law related to any natural person, is one of the fundamental human rights. As such, the imprescriptible right, not subject to the statute of limitations, irrevocable and inalienable. Protection of personal rights of individuals is therefore included nor in the Civil Code, as a basic private personal protection legislation, either in the constitutional order of the Czech Republic, especially in the Charter of Fundamental Rights and Freedoms, just as at regional and international protection of fundamental human rights and freedoms. Civil Code, calculated individual rights (permissions), resulting from the protection of individual personality, only indicative, so that into the right to protection of personal rights of individuals includes the right to life and health, the right to civic honor and human dignity, right to privacy, the right to name and the rights to the statements of a personal nature. The protection of personality is largely shaping with the decision-making practice of courts and other personality rights arise from their conclusions. The range of civil remedies is quite broad. In my work I focuse on the protection of...
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Types of civil procedure
Brázdová, Kristýna ; Zoulík, František (advisor) ; Zoulík, František (referee)
This diploma thesis gives comprehensive view of several kinds of civil procedure, whereas it aims for characteristic of their main elements (f.e. principles, participants, kinds of verdicts). By this characteristics the diploma thesis interfers with some problems and questions, which are not solved by legislation. Therefore there is a target to find the answers to these questions with the help of legal and judicial experiences. There are actual questions nowdays, which evoke the law form of concentration of proceedings. We can divide the civil proceses by seven categories. I follow also the partial targets by some category. Within the frame of characteristic of undisputed procedure I compare this procedure with the target to find the fundamental differences between these civil-procedural types of proceedings. In the chapters devoted to execution and insolvence procedure, I especially focus in definition of premises, for which the proceedings can be execute. The attention is devoted to position of creditors from the angle of exercitation and satisfaction their outstanding debts in insolvence proceedings. At the close of diploma thesis I try to draw near law-suits, which can be a subject of arbitration procedure.
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Means of evidence in civil proceedings
Benešová, Berta ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Resume A topic of the thesis presented is a problem of evidences used in the civil procedures. This is a very imporant part of a civil procedure, because evidences are - from a practical point of view - the crucial stage of a procedure. Right by means of evidences the Court may obtain factual and material information serving a base for a meritory decision. This work is aimed to an analysis of the present legislative definition of the various types of evidences, the specific features of them, and a way of an implementation and the following assesment of them made by the Court of Justice. This thesis is divided into six chapters. The first chapter contains a brief definition of a term of the evidence. The second chapter is structuted in more details. This chapter is engaged in a term of an evidence and the types of evidences. It also specifies a fact, what is a subject of an evidence and which facts do not present a fact of evidences. A base of the third chapter is an analysis of a list of the types of demonstrative evidences as it results the actual legistration. It is also engaged in the problem of an inquiry evidence and an acceptibility of it. In a conclusion of this chapter a inquiring duty of a party of the procedure is mentioned as a special case of the inquire evidence. The fourth chapter represents a...
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The Effectiveness of Judicial Protection and Remedies at Civil Procedure
Weiserová, Michaela ; Hálková, Alena (referee) ; Musilová, Helena (advisor)
The theoretical part of the bachelor’s thesis describes the procedure before appellate courts at civil justice. The practical part then addresses the effectiveness of judicial protection in the Czech Republic. Special attention is paid to highlighting the problematic spots and reasons for potential delays in the proceedings, which in turn results in the decline of effectiveness of the entire judicial procedure. The concluding part then contrasts the practical insights with an ideal model and on that basis articulates several recommendations as to how to improve the effectiveness of the Czech civil procedure.
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