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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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Reimbursement of costs in trial proceedingsand enforcement proceedings
Hadáček, Ondřej ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This diploma thesis deals with the topic of reimbursement of costs in trial proceedings and enforcement proceedings. The main goal of this thesis is to provide a comprehensive overview of the topic and to explain fundamental aspects of costs in trial proceedings and enforcement proceedings as well. The diploma thesis focuses not only on the interpretation of legal provisions but also on the case law, which is cited throughout the text. The diploma thesis consists of an introduction, two main chapters, and a conclusion. The first chapter discusses reimbursement of costs in trial proceedings and is systematically segmented according to corresponding phases of a trial proceeding. The first part of this chapter describes costs in trial proceedings. The following subchapters discuss principles of cost reimbursement in contentious proceedings. The subchapter 1.3.3 focuses on legal conditions for awarding costs with an emphasis on the discretionary power of the courts and pretrial notice. The subchapter 1.4 deals with reimbursement of costs in non-contentious proceedings. The last part of this chapter discusses remedies directed against decisions regarding costs in trial proceedings, including the constitutional complaint. Reimbursement of costs in enforcement proceedings under the Enforcement Regulations...
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Comparison of the Czech and Russian trial proceeding costs regulation
Rozhdestvenskiy, Dmitry ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This diploma thesis aims to compare the Czech and Russian regulations of the costs of civil proceedings, to identify and compare the differences in favor of this or another legislation. The thesis is divided into three chapters. The first chapter is devoted to the costs of civil proceedings in the Czech courts. First of all, the concept of costs of proceedings and its function is defined. Then the individual types of costs of proceedings are analyzed according to its demonstrative list in § 137 of Act No. 99/1963 Coll., Code of Civil Procedure, as amended: expenses of participants and their representatives, including court fee, lost earnings, interpreting, evidence costs, compensation for value added tax, remuneration for representation and remuneration for the mediator. Subsequently, the principles of payment and reimbursement of costs of proceedings are discussed, taking into account the moderating right of the court and the decision on reimbursement of costs of proceedings. The second chapter focuses on the description of the legal regulation of costs in the Russian Federation. Like the first chapter, it deals with the concepts of costs of proceedings and related legal institutes in Russian law. In particular, it focuses on the description of the court fee, exemption from the court fee,...
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The competence of public prosecutors' offices in the non-criminal area
Nechvátalová, Helena ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
This rigorous thesis deals with the competence of the public prosecutor's office in the non- criminal area. The primary aim of this work is to comprehensively cover the above-mentioned legal issues, which, although it has numerous specifics, are often neglected and delayed in connection with the criminal jurisdiction of prosecutors' offices. Attention is paid both to the position of prosecutors in individual civil proceedings and related procedural authorizations, as well as to their supervision over places where personal freedom is restricted, when these two legal areas constitute the non-criminal powers of prosecutors' offices. The thesis is divided into nine chapters except the introduction and conclusion. The individual chapters logically follow each other, when the first chapter offers a historical insight into the development of public prosecutors 'offices as such together with an emphasis on the development of civilian powers of public prosecutors' offices. The historical regulation is followed by the current regulation, which is paid attention in the second chapter, which offers an overview of the various legal regulations relating to the non-criminal jurisdiction of public prosecutor's offices. The next chapter, ie the third chapter, then outlines the specifics of the non- criminal scope,...
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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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Public prosecutor's office in civil proceeding
Pavlásková, Zdeňka ; Macková, Alena (advisor) ; Elischer, David (referee) ; Winterová, Alena (referee)
This dissertation is divided into a general part (chapters 1 through 6) and a specific part (chapter 7). The general part contains chapters devoted to the historical development of public prosecution and the office of the public prosecutor with an emphasis on developments in civil proceedings, primarily after 1989. Further attention is dedicated to a current expert discussion of the constitutional position of the office of the public prosecutor within the system of state power. Explanations are also given for the independence and impartiality of the office of the public prosecutor in a qualitative comparison with the independence and impartiality of the courts. The following part of the dissertation focuses on a description of the framework of the office of the public prosecutor, including the new institution of the Institute of the European Public Prosecutor. The subsequent chapter is concerned with the organisation and staffing of the non-criminal division of the public prosecutor's office on all levels. This is followed by a chapter devoted to the legal sources amending and relating to the non-criminal activity of the office of the public prosecutor. A substantial part of the general part of this dissertation consists of a description of the role of the office of the public prosecutor in civil...
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Reimbursement of costs in trial proceedings and enforcement proceedings
Černý, František ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Reimbursement of costs in trial proceedings and enforcement proceedings Abstract The aim of the thesis is to describe comprehensively the issue of reimbursement of costs in trial proceedings and enforcement proceedings. Sometimes, it is considered to be only a marginal part of the civil procedure, however the reimbursement of costs is certainly very important for both parties to a case. Reimbursement of costs of proceedings is a very interesting topic that has been undergoing turbulent development in recent years. The thesis is divided into an introduction, three main parts and a conclusion. The introduction focuses mainly on the definition of the objectives of the thesis and subsequently the interest of the general public in the issue of reimbursement of cost is analyzed. The first part provides the general description of the institute of costs of proceedings and defines the essential terms related to this issue. Subsequently, the types of costs of proceedings and legal regulation connected with them are examined. The second part of the thesis focuses on reimbursement of costs in trial proceedings. The initial chapter explicates general rules contained in the Civil Procedure Code, which are based mainly on the principle of success in the case and the principle of fault. All exceptions to these principles...
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Decisions on the award and amount of costs in civil proceedings
Srbová, Gabriela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Decisions on the award and amount of costs in civil proceedings Abstract This thesis deals with the issue of costs of civil proceedings. The scheme of the thesis follows the scheme of the Code of Civil Procedure and is supplemented by references to judicature, in particular the Constitutional Court's judicature. It deals almost exclusively with costs of proceedings at the first-instance procedure. The thesis in its introduction highlights the importance of the issue of costs of proceedings and the significant impact of the cost statement on the individual parties involved. It sets out the basic distribution of costs for general and special costs and lists their basic functions, ie the preventive and sanctioning function. The introduction also describes the role of the Constitutional Court in relation to costs of proceedings. After a short introduction to the issue of costs of proceedings, the list of the types of costs, their description, their functions and legal regulations are listed. More capacity is devoted to the court fee and issues related to it. These include the amount and extent of the charge, the exemption (and its types) from the payment of the court fee as an expression of the right to judicial protection and others. Subsequently, the thesis deals with the question of payment and reimbursement...
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Comparison of Judgment by Default under Czech and Spanish Law
Švábová, Marie ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
1 Comparison of Judgment by Default under Czech and Spanish Law Abstract This diploma thesis addresses Czech and Spanish legislation with respect to judgement by default and the subsequent compassion thereof. First chapter focuses on the defendant's default under Czech law, more specifically on the concept of the defendant's default during court proceedings, conditions that must be met in order to deliver a judgement by default, impermissibility of delivering a judgement by default, excusable grounds of default as well as the remedies that can be relied upon against such judgement. Second chapter follows with a description of Spanish legislation on the defendant's default during court proceedings. It deals with the concept of the defendant's default during court proceedings, conditions under which it is possible to issue a declaration of defendant's default, consequences associated with the defendant's default during court proceedings, delivering court documents to the defendant and to application for annulment of the final decision on the matter of the defendant in default and other remedies available to the defendant under Spanish law. The final chapter of the thesis outlines important differences which the author came across whilst studying each legislation. The author attempts to draw her own critical...
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