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Preliminary measures in civil proceedings
Turková, Lenka ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The presented master's thesis on the "Preliminary measures in civil proceedings" deals with the institute of preliminary measure in the civil procedure as a measure, which provisionally ensures the rights of natural or legal persons. The preliminary measure is used in such situations, where there cannot be awaited until the final decision in the case is issued, with regard to the threats to individual rights or with respect to the concern, that the enforcement of the court decision is threatened. The aim of this thesis is to provide the reader with the complex overview of the information about the preliminary measure, both about the so called general preliminary measure governed by the Act No. 99/1963 Coll., Code of Civil Procedure and about the so called special preliminary measures governed by the Act No. 292/2013 Coll., on Special Court Proceedings. The master's thesis is structured into five chapters. The first chapter refers to the historical development of the preliminary measure in our territory and provides general information about this institute and its purpose. The second part is focused on the general preliminary measure's issues. In this chapter, the author describes the procedure on proposal on order of this type of preliminary measure, the duration of preliminary measure and the...
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Preliminary Indunction as per Civil Code Procedure
Kučera, Vít ; Macková, Alena (advisor) ; Holčapek, Tomáš (referee)
KUČERA, Vít: Preliminary injunction as per Civil Procedure Code Abstract KUČERA, Vít: Preliminary injunction as per Civil Procedure Code - Charles University, Faculty of Law; Department of Civil Law - Adviser: doc. JUDr. Alena Macková, Ph.D., Praha: UK PF, 2020. The thesis pursues the problematics of preliminary injunction in civil trial procedure with emphasis on complex analysis of valid and effective legislation contained within the Civil Procedure Code, and further on selection of consequences related with its practical use, supported by many case law examples chosen through the whole court system mainly in the Czech Republic. As far as the structure of the thesis is concerned, the thesis is divided into theoretical part devoted to the basis of the topic, including historical development of preliminary injunctions, its theoretical grounds, specifics and also nature and purpose of the whole institute. Because of an important reduction or suppression of many universally applicable principles shaping the civil procedure, also the constitutional conformity is researched. The thesis further contains practical part focused on present legislation related to preliminary injunction, which is divided preferentially by the course of a civil proceedings. Attention is paid successively to formal conditions of...
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Interim measures in civil proceedings
Nguyen Hoang, Long ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
An interim measure is a procedural institute, which aims to prevent possible negative consequences to the legal sphere of the applicant in case he would not be able to exercise his rights until the court's final decision is made. This is a frequently used procedural institute, which can ensure a quick but only temporary adjustment of the conditions of the participants in the legal proceedings. The author divided the thesis into three chapters. In the first chapter, the author deals with the concept of interim measures, its nature and the distinction of different types of interim measures. To understand the meaning of interim measures, the author focused in the second part of this chapter on the historical development of interim measures. The second chapter is most crucial because it focuses on the interim measures in Civil Code Procedure. The legal regulation of the general interim measures can be used for special interim measures as an alternative to their regulation in Special Court Proceedings. The author dealt in detail with all aspects of general interim measures, in particular the general preconditions for ordering interim measures, the procedural process from the filing of the application to the issue of the decision and the possibility to appeal against the decision. In the third chapter,...
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Thoughts on Epistemology
Novotný, Vojtěch ; Hogenová, Anna (advisor) ; Blažková, Miloslava (referee)
Topic of the Magister thesis is study of human knowledge about the real world. Thesis focuses on the establishment of Epistemology, a philosophical discipline that focuses on theory of knowledge, introduces its history and its relation to other philosophical disciplines, mainly onthology. Thesis thoroughly studies all epistemological conceptions, both from the epistemological and ontological points of view, including conception of subject-object relationship. Thesis studies different sources of knowledge, i.e. empirical, rational, irational, and also analytical philosophy and critical rationalism of the 20th century. Thesis includes a list of the most influencial philosophers and their concepts of human knowledge - Plato, Aristotle, Descartes, Locke, Berkeley, Hume and Kant. Thesis studies the relationship of epistemology and axiology, the philosophical study of value. Thesis studies concepts of truth of knowledge. Thesis sudies evolutionary epistemology, its theoretical starting points, principles of natural and cultural evolution, phylogenetics and epigenetics and conceptual knowledge.
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Interim measures in civil proceedings
Nguyen Hoang, Long ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
An interim measure is a procedural institute, which aims to prevent possible negative consequences to the legal sphere of the applicant in case he would not be able to exercise his rights until the court's final decision is made. This is a frequently used procedural institute, which can ensure a quick but only temporary adjustment of the conditions of the participants in the legal proceedings. The author divided the thesis into three chapters. In the first chapter, the author deals with the concept of interim measures, its nature and the distinction of different types of interim measures. To understand the meaning of interim measures, the author focused in the second part of this chapter on the historical development of interim measures. The second chapter is most crucial because it focuses on the interim measures in Civil Code Procedure. The legal regulation of the general interim measures can be used for special interim measures as an alternative to their regulation in Special Court Proceedings. The author dealt in detail with all aspects of general interim measures, in particular the general preconditions for ordering interim measures, the procedural process from the filing of the application to the issue of the decision and the possibility to appeal against the decision. In the third chapter,...
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When the family is not around
Kantor, Táňa ; Suchánek, Radek (referee) ; Mléčka, Jan (advisor)
The aim of this work is to introduce a new concept of children's home which seeks to find a relationship between family environment, specific needs of children or necessary architecture requirements which are important in perceiving the space in which children are.
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Provisional Measures in Adversarial Civil Procedure
Vnoučková, Michaela ; Holčapek, Tomáš (advisor) ; Smolík, Petr (referee)
Provisional Measures in Adversarial Civil Procedure Abstract This diploma thesis is concerned with Provisional Measures in Adversarial Civil Procedure, i.e. with the legal regulation of the Provisional Measures imposed in proceedings pursuant to Act No. 99/1963 Coll., The Civil Procedure Code, as amended (hereinafter the "Civil Procedure Code"). The Provisional Measures are a procedural institute designed to deal with situations where there is an urgent need to temporarily adjust the legal relationships of the participants or to ensure the enforcement of decisions. However, imposing a Provisional Measure does not constitute a definitive solution, since the duration of a Provisional Measure is always limited by time and a successful petitioner will usually initiate a procedure regarding the merits of the case, which will then resolve the case definitively. However, the outcome of a Provisional Procedure does not fundamentally affect the following meritorious judicial decision. Since the subject of Provisional Measures in civil procedure has been processed many times by students of various law faculties, this thesis also focuses on two sub-institutes of Provisional Measures in Adversarial Procedure, which are damages and compensation for other harm caused by Provisional Measures and security deposited for the...
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Rituals as a way to facilitate change
KOČOVÁ, Michaela
The bachelor´s thesis "Rituals as a way to facilitate change" deals with the importance of rituals in the child´s life. The theoretical part deals with explain the concept of ritual, the importance of rituals during the development periods, it´s aimed at pre-school period. This part also deals with psychological resilience of child, especially feelings of fear, stress and change. The practical part is made by determining what rituals are used in the kindergarten, how it affects children and how children react to them. It is made by observation research method of rituals in the kindergartens.
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Wittgenstein's conception of certainty
Enderle, Tomáš ; Sousedík, Prokop (advisor) ; Svoboda, David (referee)
This work tries to analyze the concept of certainty in the Ludwig Wittgenstein's book 'On Certainty' and evaluate whether it corresponds to the criteria expressed by Pope John Paul II in the encyclical letter 'Fides et Ratio'. The first chapter explains the origins of the book and set it within the context of modern concept of certainty and skepticism, with an emphasis on thinking of G.E. Moore, who is main source of inspiration for Wittgenstein. The second chapter deals with the content of the book and tries to answer a series of questions about Wittgenstein's philosophical method. The third chapter first formulates requirements of the former pope on a healthy philosophy from the encyclical letter 'Fides et Ratio' and then try to find out whether these requirements are met or not. Work ends with a description of several elements of the philosophy of Ludwig Wittgenstein, which can serve as inspiration for thinking and reasoning even if we are unable to accept the whole of his system of thought. Keywords Ludwig Wittgenstein, epistemology, Fides et Ratio, certainty
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