National Repository of Grey Literature 451 records found  previous11 - 20nextend  jump to record: Search took 0.00 seconds. 
Disposition of civil action
Mauerová, Eliška ; Vyskočilová, Silvia (advisor) ; Frintová, Dita (referee)
Disposition of civil action This thesis deals with the procedural acts that a plaintiff may use to dispose of their civil action. The plaintiff may exercise dispositive powers by defining the factual basis or the cause of action. These instruments include the withdrawal of the action and the amendment of the action. Furthermore, the plaintiff may dispose of their action through a change in the parties to the proceedings. Such includes the intervention ofa party to the proceedings, substitution of parties, and procedural succession by singular succession. The plaintiff is considered the master of the proceedings. Under certain conditions, however, the legislation provides the defendant with a right of disposal. Such allows the defendant to assert their claim against the plaintiff through a counterclaim. The first part of the thesis deals with the general concept of the action and defines its mandatory elements and its different types. At the same time, the first part focuses on the dispositive principle, indivisibly linked to the topic of this thesis. The second part of the thesis deals with the individual dispositive acts by which the plaintiff and, under certain conditions, the defendant may dispose of the subject matter of the proceedings. These dispositive acts include withdrawal of the action,...
Payment order procedures
Avdibegović, Hana ; Vyskočilová, Silvia (advisor) ; Frintová, Dita (referee)
Payment order procedures Abstract The diploma thesis describes and analyses the current legal regulation of payment order procedure. It focuses not only on the wording of the law, but also on the remaining issues where interpretation by judicial practice was required. The thesis is to some extent critical, as the current legal regulation of injunction proceedings cannot be perceived as sufficient. The regulation of payment order under a bill of exchange or a cheque has been excluded from the discussion, mainly because of its considerable dissimilarities and the attempt to keep the work (also in the context of the comparative part) thematically coherent. The thesis is divided into six parts. The first one provides a general explanation of the concept of summary payment order procedures, explains the concept itself, the nature and defines the individual types. This part also includes an interpretation of the sometimes problematic concept of the right to a fair trial in the context of payment order proceedings. In the second part, the reader is introduced in detail to all aspects of the simple order procedure, with an emphasis on the controversial incorporation of qualified challenges into payment orders. In the third part, the electronic order procedure is introduced, especially its differences from the...
Procedural requirements of civil proceedings
Lašová, Nikola ; Vyskočilová, Silvia (advisor) ; Frintová, Dita (referee)
This thesis focuses on the "Procedural requirements of civil proceedings". A fulfilment of procedural requirements is a prerequisite for issuing a decision in a case. Legal experts distinguish among three groups of procedural requirements: procedural requirements related to the court, procedural requirements related to the parties and negative procedural requirements. In my thesis I have also decided to analyze material procedural requirements as they are considered by many scholars being procedural requirements as well. The reason scholars acknowledge material procedural requirements as a separate group of procedural requirements is that a failure to fulfil causes similar consequences as a failure to fulfil other procedural requirements. The thesis is divided into four chapters, each chapter deals with one group of procedural requirements and includes a detailed description of particular procedural requirement, examination of the requirement and consequences of the failure to fulfil. The first chapter deals with procedural requirements related to the court. The first part of this chapter analyzes civil jurisdiction. In order to define civil jurisdiction, it describes different legal theories of private and public law and extensions and limitations of court's jurisdiction. The second part of the...
Other court proceedings
Wažiková, Klára ; Sedláček, Miroslav (advisor) ; Frintová, Dita (referee)
Other court proceedings Abstract The goal of the rigorous thesis presented is to map comprehensively the application of other court proceedings in the procedural rules governing court proceedings, with the basis of this thesis being the area of civil procedural law. Other court proceedings are explicitly regulated only by Act No. 292/2013 Sb., on Special Court Proceedings (hereinafter also referred to as the "S.C.P."), however, it is an institute which is also used in the context of contentious proceedings regulated by Act No. 99/1963 Sb., the Code of Civil Procedure (hereinafter also referred to as the "C.C.P."). Other court proceedings, in their general definition, are acts of the court by which the court enters into immediate contact with the parties to the proceedings and which are considerably less formalised than the most similar to them hearings on the merits. Other court proceedings may be held outside the courtroom, even outside the courthouse. The conduct of other court proceedings is much more in the hands of the person conducting other court proceedings compared to the hearing on the merits. As it implies from the previous sentence, it is not only the judge who can convene and conduct other court proceedings. The content of this rigorous thesis is divided into six parts, of which the largest...
Parental responsibility proceedings
Mašková, Tereza ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Parental responsibility proceedings Abstract The aim of this thesis is to provide with a comprehensive overview of the legal regulation of parental responsibility proceedings pursuant to section 466(e) of Act No. 292/2013 Coll., on special judicial proceedings, as amended, and to inform about the possibilities of amicable resolution of family conflicts with a focus on the Cochem model and family mediation. The diploma thesis is divided into 4 chapters, the first two parts concern parental responsibility proceedings. The first chapter introduces the reader to the issues under discussion and explains some basic terms. It discusses the institution of parental responsibility, which is quite fundamental for the procedural regulation, the holders and executors of parental responsibility. The second chapter deals in more detail with the sub-aspects of the parental responsibility proceedings, such as the subjects, in particular the parties and the court, which is linked in particular to the institution of jurisdiction, competence and also focuses on the special institution of delegation of jurisdiction. It also provides an explanation of the different types of proceedings in matters of parental responsibility, namely proceedings for the suspension of parental responsibility, proceedings for the limitation of...
Witness and his testimony in civil proceedings
Šimek, Petr ; Vyskočilová, Silvia (advisor) ; Frintová, Dita (referee)
Witness and his testimony in civil proceedings Abstract The submitted diploma thesis deals with the testimony of a witness in civil proceedings. This is undoubtedly the most demanding means of proof. Its demanding character is given not only by the necessary preparation of the judge before this act, but especially in the subsequent assessment of the credibility of the testimony given. The diploma thesis aims to comprehensively describe the course of the carrying out witness testimony from the moment the witness enters the courtroom to the assessment of the witness's credibility within the reasoning of the court decision. Apart from the testimony, the introductory chapter deals with all the evidence means that can be presented in the Czech civil process with reference to their differences and similarities. The following chapter deals with the eligibility of the witness, the person of the witness and his witness duties. A witness need not comply with this statutory obligation if, by giving a testimony, he could cause a risk of criminal prosecution to himself or to a person close to him, or if he is bound by a duty of confidentiality. The third and fourth chapters of the thesis describe the procedure of carrying out of giving a testimony. At first, it is necessary to ensure the witness's presence by the...
Dispositional acts of the parties to the civil proceedings
Strakošová, Simona ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Dispositional acts of the parties to the civil proceedings Abstract The diploma thesis deals with the issue of dispositional acts of the parties to the civil proceedings. The thesis therefore focuses on individual dispositional acts in contentious and non- contentious proceedings and on the displays of declaratory principle that affect the civil proceeding through these acts. The aim of the thesis was to analyze the current Czech legal regulation of dispositional acts using not only valid legal regulations, but also professional literature, professional articles and case law. With regard to the current case law this thesis also concentrates on selected issues related to the application of dispositional acts in procedural practice, it outlines some potential problems of interpretation and takes a stand on them. The first chapter of this thesis deals with the declaratory principle, primarily with its essence and influence of contentious proceedings. It describes two main aspects of disposition in proceedings and explains the inclusion of this principle in the typology of principles specific to individual branches of the civil proceedings. The second chapter contains an explanation focused on the issue of participation in civil proceedings and clarifies who can be considered a participant eligible to perform...
Duty to assert and duty to prove in civil procedure
Krechlerová, Karolína ; Sedláček, Miroslav (advisor) ; Frintová, Dita (referee)
Duty to assert and duty to prove in civil proceedings Abstract The rigorous thesis deals with the duty to assert and the duty to prove in civil court proceedings with a focus on the burden of proof, its division and transfer between the participants in the proceedings. The work focuses mainly on litigation. The issue of the rules of division of the burden of proof is still relevant, because for the success of a party to the dispute it is absolutely essential to fulfill the duty to assert and the duty to prove and subsequently bear the burden of assertion and the burden of proof. The aim of the thesis is to analyze in detail the procedural obligations and burdens that are carried by the participants in civil proceedings. The focus of the work is the question of the division of the burden of proof between the parties to the proceedings and its transfer between the parties to the dispute. The rigorous work is divided into an introduction, seven chapters and a conclusion. The introductory chapter describes general interpretations of evidence and the principles of civil procedure. The second chapter is devoted to the history of court proceedings and the development of the functioning of justice in the Czech Republic to state the context of the current concept of procedural obligations of the parties to court...
The Enforcement of Court Settelements
Šamlot, Jan ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
The Enforcement of Court Settlements Abstract The topic of this thesis is the enforcement of court settlements. Court settlement is an institute, which, although it is a traditional part of civil procedure, does not receive enough attention. The absence of any detailed analysis of the court settlement is even more surprising considering that currently chosen structure of the court settlement in the Czech Code of Civil Procedure (OSŘ) is very problematic and raises the great amount of the theoretical questions, from which some of them are capable of causing troubles in practice. At the same time, the problematic aspects increase also in terms of the enforcement of the court settlement. With regard to the above, this thesis primarily maps the historical development of the court settlement in the legal territory of today's Czech Republic in order to clarify the basic principles and better understanding of this institute at present. After the historical part, the thesis deals with the court settlement as an institute and his positive legal definition in order to point out the interpretation problems in certain aspects and also to mention their possible consequences. Furthermore, the thesis presents possible solutions to the selected problems and simultaneously, where appropriate, compares the legislation with...
Mediation as alternative dispute resolution
Lokajíčková, Diana ; Macková, Alena (advisor) ; Frintová, Dita (referee)
1 Mediation as an alternative way of resolving disputes Abstract This work deals with the increasingly frequent type of dispute resolution, to be concrete it focuses on mediation. In the introduction, the author deals with the essence of conflict. The author also discusses the types of alternative dispute resolution. After this theoretical introductory part, the work focuses exclusively on mediation. It describes the history of this institute, the division of types of mediation, analyses the legal regulations and presents a general overview of the mediation procedure and the specifics associated with it. The work mainly deals with the principles of mediation such as confidentiality, voluntariness, with regard to the assumptions and performance of mediation by a registered mediator. The author analyses all the mentioned topics in connection with national legislation and compares it with European legislation so that the reader can understand the development of mediation and its possible pitfalls. The author also provides her suggestions for further cultivation of the mediation environment based on his experience as a registered mediator and a study of foreign mediation practice. Key words: mediation, code of ethics, alternative dispute resolution, ADR

National Repository of Grey Literature : 451 records found   previous11 - 20nextend  jump to record:
Interested in being notified about new results for this query?
Subscribe to the RSS feed.