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Qualified Call for Statement pursuant to Section 114b of the Civil Procedure Code
Krejčí, Adam ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Qualified Call for Statement pursuant to Section 114b of the Civil Procedure Code Abstract This thesis examines the institute of a qualified call for statement as a method of preparation of a hearing on the merits. An integral part of it is also the institute of a fiction of recognition of the claim, which occurs, inter alia, if the respondent fails to properly and in time comply with the qualified call for statement. If the aforementioned fiction is applied, the court shall decide on the matter without further delay by a judgment of recognition. The primary purpose of the qualified call for statement is to fulfil one of the fundamental principles of civil procedure, the principle of expeditious proceeding as one of the elements of the constitutionally guaranteed right to a fair trial. We refer to the qualified call for statement specifically with regard to the enhanced requirements which the respondent's response has to meet in order to properly comply with such a call. The characteristic feature of this institute is the strengthening of the principle of formal truth over material truth, since as a result of potential inactivity on the respondent's side, the proceeding is curtailed by the non-realisation of a wide range of procedural principles and the adversarial proceeding therefore ex lege and de facto...
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Attorney's remuneration in relation to the costs of the proceedings
Vávra, Vojtěch ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Attorney's remuneration in relation to the costs of the proceedings Abstract This master's thesis focuses on the topic of methods of determining the attorney's remuneration for his provision of legal services, the relationship of this remuneration to the compensation for the costs of civil proceedings and a collision of Section 149 subsection 1 of the Act No. 99/1963 Coll., Act on Code of Civil Procedure with Section 10 subsection 6 of the Resolution of Board of the Czech Bar Associaton No. 1/1997 Bulletin laying down the rules of professional ethics and rules of competition for attorneys in the Czech Republic (Code of Ethics) and it was to understand this conflict that the aforementioned institutes had to be explained. The thesis is divided into five chapters. The first chapter deals with contractual attorney's fees, their types and the sources of this method of determining attorney's fees. The subsections of this chapter also introduce the pro bono institute and the recent case law of the CJEU concerning the conditions for determining the contractual remuneration of an attorney providing legal services to a consumer. The second chapter deals with the so-called non-contractual attorney's fees. Specifically, it describes the basic mechanisms for determining an attorney's non-contractual fee through the...
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Payment order procedures
Blažek, Martin ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Payment order procedures Abstract This diploma thesis is thematically focused on payment order procedures which represent a way to enforce a monetary claim in civil court proceedings in a simpler, faster and more effective way. Its aim is to provide an analytical view of the chosen topic, point out and comment on problematic aspects of the current legislation and take a position on the intended future legislation. The diploma thesis is divided into six chapters. Chapter No. 1 provides a basic introduction to the chosen topic when it offers a brief look at the history and specifies the concept of payment order procedures in more detail. Chapter No. 2 elaborates a regular payment order in detail, starting with the characteristics of the prerequisites for its issuance and ending with its legal power and enforceability. Chapter No. 3 deals with the electronic payment order, the introduction of which into the legal system is seen as the initial beginning of the planned electronization of the Czech justice system; within the framework of this chapter, with regard to the nature of the electronic payment order, its differences from the regular payment order are particularly pointed out. The focus of Chapter No. 4, which is systematically arranged similarly to Chapter No. 2, is the European payment order which,...
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Specifics of disputes on the substitution of the will of the obliged person under the Land Act
Štorkán, Radek ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
1 Specifics of disputes on the substitution of the will of the obliged person under the Land Act Abstract This thesis deals with the nature and effects of the judgments as a basis for transferring ownership of corresponding lands as a replacement for lands to which the ownership right could not be restored. The aim is also to give a comprehensive interpretation of the specifics of replacement disputes and at the same time to analyse whether these specifics determine the constitutive nature of replacement judgments. In order to be consistent and complete, the thesis focuses on procedural issues as well as, to the extent necessary, on related substantive issues. The thesis also analyses and evaluates the legal opinions of the case law, which the author also confronts with competing considerations, legal opinions and his own reasoning. The thesis is divided into eight chapters. The content of the first chapter is devoted to a necessary and brief introduction to the issue of agricultural restitution under the Land Act. This matter is necessary to understand the context and the basis for the discussion of disputes for the substitute enforcement of the restitution claims. This chapter also deals with the creation of a restitution claim and the procedures for its enforcement. The second chapter discusses the...
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Tax administrators' claim in insolvency proceedings
Ulvr, David ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Tax administrators' claim in insolvency proceedings Abstract The thesis deals with the claims of the tax administrator in insolvency proceedings. As this is a complex and very broad issue, the thesis focuses on a more detailed analysis of two major cases in which the tax administrator acts as a creditor in insolvency proceedings. Specifically, these are cases where the tax administrator acts as a secured or preferential creditor. The thesis also analyses the data provided by the tax authorities on the basis of questions sent to them. The thesis is divided into two chapters. The first one deals with the tax administrator as a secured creditor. First, the advantages of the secured creditor status in insolvency proceedings are explained. The substantial part of the chapter is devoted to the creation of the tax administrator's pledge, which differs from the general pledge. The thesis reflects on what tax claims can be subject to a pledge in the context of the new case law of the Supreme Administrative Court. This chapter also explains the possible impact of the commencement of insolvency proceedings on the duration of the pledge. The chapter also deals with the conflict between the Insolvency Act and the Civil Code regarding the order of creation of a pledge and presents possible solutions. The next subchapter...
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Extraordinary remedies in the civil procedure system]
Bělohoubek, Karel ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
[Extraordinary remedies in the civil procedure system] Abstract This thesis deals with the Czech system of extraordinary remedies in civil proceedings, not only with their historical genesis and current functioning, but also with a focus on current issues related to them, especially in connection with the forthcoming recodification of civil procedure. The thesis is structured into chapters and is divided into a general part and a special part. In the general part, which includes chapter one, the author attempts to define the basic issues of extraordinary remedies and their distinction from ordinary remedies. Attention is thus paid to the subject of legal force, systems of appeal and the definition of types of defects in decisions, which can be used to distinguish one extraordinary remedy from another. The general part also includes a historical excursion into the legal regulation from the Civil Procedure Code of 1895 to Act No. 404/2012 Coll., which fundamentally changed the admissibility of appeals. The general part concludes with a clarification of the issue of the competition of extraordinary remedies and a comparison with the Slovak system in the light of the current recodification of civil procedure here. The special part, which includes chapters two to six, is introduced by a description of the...
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Assessment of the creditworthiness of a consumer in insolvency proceedings
Tetera, Filip ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
1 Assessment of the creditworthiness of a consumer in insolvency proceedings Abstract This diploma thesis deals with a creditor's obligation to assess a consumer's creditworthiness with due professional care before concluding a consumer credit agreement, or alternatively amending such an agreement consisting of a significant increase in the total amount of consumer credit imposed on the consumer credit provider by Act No. 145/2010 Coll., on consumer credit, or Act No. 257/2016 Coll., on consumer credit. Enshrining this obligation in the aforementioned laws is one of the manifestations of consumer protection in our legal system. The primary goal of this obligation is to protect the consumer, who, compared to consumer credit providers, certainly lacks professional, and in particular legal and economic, knowledge and experience in the field of consumer credit provision, as well being materially and personally equipped as regards disproportionate and reckless borrowing. Over-indebting of households negatively affects not only the consumer as an individual, on whom the negative consequences fall existentially, but also the Czech Republic as a state, and ultimately also creditors from consumer credit contracts, i.e. ultimately they are also protected by regulation and compliance with the obligation of providers...
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Liquidation of the inheritance from the point of view of procedural subjects
Nešněrová, Karolína ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Liquidation of the inheritance from the point of view of procedural subjects Abstract Liquidation of the Inheritance from the Point of View of Procedural Subjects," focuses on the procedural subjects involved in the process. The aim of this work is to clearly state who participates, when they become a participant, how their participation affects the proceedings, what obligations they have under the law, and what rewards they receive for their participation. The area of law pertaining to the liquidation of estates has undergone considerable recodification, bringing about numerous changes. The liquidation of an estate is a broad topic. In the introduction of this work, the author acquaints the reader with the reasons that led them to choose the given topic. The work is divided into seven chapters, each of which contains subchapters. Chapter one provides an introduction to probate proceedings, outlining the individual steps taken after the death of a person, while defining the concept of liquidation of the estate and explaining its purpose. Chapter two deals with the ordering of the liquidation of the estate and the procedural prerequisites that must be met for the court to order liquidation. The author also discusses the content of the decision and its effects. Chapter three is important as it describes who...
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The proceedings in case of violation of antidoping rules
Čermák, Ondřej ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
1 The proceedings in case of violation of antidoping rules Abstract This paper deals with the proceedings, which are related to the amendment of the World Anti- Doping Code in 2021 and the related issuance of the updated Directive for the Control and Punishment of Doping in Sport in the Czech Republic (hereinafter referred to as the "Directive"), in the case of anti-doping rule violations. These rules are characterised by the fact that they contain both substantive and procedural provisions. It is these procedural provisions, which are adhered to in the proceedings in case of anti-doping rule violation, that this paper deals with in more detail. It is a sui generis procedure in its nature containing elements of both private and public law. Until the end of 2020, the bodies of first instance of the decision-making system were the national sports federations, respectively their disciplinary bodies. Subsequently, the power in such cases was transferred to the National Court of Arbitration for Sport by the Czech Anti- Doping Committee in 2022 and thus ever since the entire process of adjudicating doping disputes in the Czech Republic is held by this newly created body. It is a hybrid body on the borderline between private and public law, whose legitimacy must be derived from the hierarchical structure of...
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