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Preparation of a hearing in the civil procedure
Pelcová, Zuzana ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Preparation of a hearing in the civil procedure Abstract This thesis deals with the preparation of a hearing in the civil procedure defined by its objective - to hear a case in the fastest possible manner hand in hand with provision of a brief and fair decision, in principle, in one hearing. The first chapter of this thesis is dedicated to defining the purpose of the preparation of a hearing in the civil procedure and outlines the possible differences in contentious and non- contentious proceedings. The second chapter summarizes the historical development within our territory from its very beginnings in the Middle Ages to the current legislation. Subsequently, the third chapter delves into the fundamental principles on which the civil procedure is built upon, as well as the preparation of the hearing. The foundation of this thesis is the fourth chapter, which analyses the various process and instruments of the preparation of the hearing in detail. Firstly, attention is focused on examining the proposal for proceedings' initiation, the fulfilment of the proceedings' conditions and the fee obligation. Afterwards, individual instruments are analysed in depth, for instance the call to correct a submission, the simple call for a response, the qualified call for a response, the preliminary hearing in contentious...
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Restriction of legal capacity proceedings
Krejčí, Zuzana ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
This diploma thesis primarily deals with the legal frame of the restriction of legal capacity proceedings, which is contained in the Code on Special Court Proceedings (Act. No. 292/2013 Sb.) effective from 1. 1. 2014. For that purpose the thesis works with particular legal institutions of substantive law contained in the Civil Code (Act No. 89/2012 Sb.), such as legal capacity (a capacity to make juridical acts) and its restriction. The thesis is focused especially on the course of the proceedings resulting in the decision to restrict legal capacity or to accept any other appropriate measures. The author also describes two particular aspects of the proceedings, which are the duty of the court to see an individual whose legal capacity is subject to the consideration and the possible ways to make a decision by which the legal capacity is restricted. The aims of the thesis are to describe legal regulation of the restriction of legal capacity proceedings, previous and recent case law dealing with this issue and to evaluate their influence on the individuals whose legal capacity has been restricted. The author also seeks to propose a possible solution to the problems related to the restriction of legal capacity proceedings. The diploma thesis is divided into 4 main chapters. The first chapter is...
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Legal capacity proceedings
Machová, Miroslava ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
This thesis examines legal capacity and its restriction. The legal capacity of a person makes along with his legal personality an inherent and inalienable component of his personality that enables him to act legally. It is therefore a prerequisite of his self-realization and active participation in society. Legal capacity and legal personality are components so significant, that they cannot be relinquished. Not even partially. Unlike legal personality, a person's legal capacity can be restricted by a court order. And it is the very legal capacity proceeding, this thesis focuses on. In view of the fact, that procedural law is reflected in substantive law, part of this thesis also concerns with the analysis of legislation contained within the Civil Code (Act. No. 89/2012 Coll.). The thesis thoroughly analyses individual stages of a legal capacity proceeding and the subsequent legal provisions and court decisions. The thesis is divided into two parts and eight chapters. The first part discusses substantive regulations of legal capacity. In the introduction to the first chapter, I draw attention to an alteration in legal terminology and a new conception of legal capacity restriction according to the legal regulation that came into force on the 1st of January 2014. Subsequently I define the concept of...
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Comparative analysis of representation by the attorney in Czech and Spanish civil proceedings
Dubravská, Tereza ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Comparative analysis of representation by the attorney in Czech and Spanish civil proceedings The subject of the diploma thesis is the comparative analysis of representation by the attorney in Czech and Spanish civil proceedings. The first part is dedicated to concepts of civil procedure and it's categories. The second part contains a definition of the concept of representation in the civil procedure and it's categories in the Czech and the Spanish law. The third part which is crucial for this thesis focus on the role and the position of an attorney in the civil procedure and on the relationship between the attorney and his client. The third part is also dedicated to the attorney and the requirements the attorney has to meet according to the law. In case of the attorney, as a professional in law and as a member of a bar association, and in case of the relationship between attorney and his client - Czech and the Spanish law are very similar to each other. However significant differences exist in roles which attorney holds - precisely the extent of his activity as a representative of the participant. One of differences is an existence of the legal institute of the legal representative in the Spanish procedural law. This legal institute does not exist in the Czech procedural law and its functions...
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Regular Appeal in civil proceedings
Graus, Lukáš ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Regular Appeal in civil proceedings As it is the case in ordinary life also in judicial decision making, errors cannot always be omitted. A judicial decision can suffer from various defects that may have different characteristics or the judicial decision may not necessary suffer from such defects, but the litigants may consider it as defective due to them being unsatisfied with the unfavorable outcome. For this reason, the civil procedural code contains institutes that enable the modification, revocation or affirmation of a judicial decision. These institutes constitute the appellate procedure are subdivided into regular and extraordinary, depending on whether the litigants are appealing a decision that has already became valid or not. The aim of this diploma thesis is to focus on the current legal regulation of the appellate procedure with a strong emphasis on regular appeal in dispute proceedings. I chose this topic as the focus of my diploma thesis because it is the only regular remedy contained in the czech civil procedural code and therefore the most commonly used in judicial practice and also the one, I am most familiar with from my own professional experience. The fundamentals of the appellate proceedings are contained in the Act no. 99/1963 coll., civil procedural code, which regulates the...
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Legal status of a child after break-up of their parents
Horváthová, Sylvie ; Frintová, Dita (advisor) ; Hendrychová, Michaela (referee)
Legal status of a child after break-up of their parents Abstract The goal of this thesis is to thoroughly elaborate about possible arrangements of situation of a child after the break-up of their parents, with focus on specifics of joint custody. The aim is also to critically evaluate corresponding practices of the Czech Constitutional Court and to put current legal regulations into historical and comparative context. The topic of this diploma thesis is legal status of a child after break-up of their parents. It is focused both on children of married and unmarried parents. An extra chapter about legal status of children from atypical families is also included, which addresses unusual legal positions of children of same-sex parents, children born via surrogacy and children raised by foster and adoptive parents. In the first chapter the marriage, cohabitation and differences between these two is discussed. A brief description of how the law in question evolved is included as well. The interest of a child is also characterized, as it is the primary consideration when (not only) courts are deciding about children. Third chapter covers parental responsibility. The following part is mostly focused on the topic of custody including an overview of the historical context. In this part, forms of custody and their...
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Status of an obliged person's spouse in the execution proceedings
Cejnarová, Jitka ; Frintová, Dita (advisor) ; Pohl, Tomáš (referee)
Status of an obliged person's spouse in the execution proceedings Abstract The topic of this rigorous thesis is "Status of an obliged person's spouse in the executory proceedings". I got to this topic through my professional experience at the District Court of Prague 5, where I worked as an assistant of a judge for more than a year. As part of this work, I prepared decisions on the procedural motions of the parties to the execution proceedings, including the motions of the obliged person's spouse to a partial discontinuance of the execution proceedings for a judge. As a result of the fact, that I devoted to these motions because of their increasing number still more and my interest in the issue of affecting the property in the common property of the spouses and property values of the obliged person's spouse in the execution proceedings led to enforce the obliged person's debt and my knowledge about this issue got deeper, I have decided to deal with this topic in my rigorous thesis. The aim of this thesis is to analyze the possibilities of affecting the property in the common property of the spouses and property values of the obliged person's spouse in the execution proceedings led to enforce obliged person's debt in a particular regimes of procedural legislation of affecting such property, based by the...
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Mediation in civil matters
Novotná, Aneta ; Frintová, Dita (advisor) ; Macková, Alena (referee)
- Mediation in civil matters The purpose of the thesis is detailed analys of mediation as the type of alternative dispute resolution, its basic principles and elements, all in confrontation with Czech legal enactment of mediation and in connection with other legislation. The thesis should provide an overview of implanting the mediation into the legal system of Czech Republic, interconnetion with concerned branches of law, especially with Civil Procedural Law. The reflections of the author are focused especially on the question, if the recent legislative regulation of mediation in Czech Republic helps to establish mediation as the standard and demanded type of dispute resolution in the eyes of both professional and laic public, there are also the reasoning on the alternative variants of legal regulation of mediation and reflections de lege ferenda contained. The first chapter presents the ADR as the set of procedures different from court proceedings determined to dispute settlement, among which the mediation belongs too. The purpose of this part of the thesis was especially comparison of the mediation with other types of alternative dispute resolution, particularly the arbitration. The next chapter defines mediation itself, with the special emphasis on the analys of legislative definition of the...
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Arbitral award as an execution title
Hanzlíková, Barbora ; Macková, Alena (advisor) ; Frintová, Dita (referee)
I chose the subject of this thesis because of its recency. The arbitration decisions belong among the most problematic execution titles, whose execution often end up being discontinued. The case law dealing with the validity of the arbitration clauses and the enforcement of the arbitration decisions has undergone dramatic developments. Despite legislative changes responding to the problematic situations which have been happening in practice, there are still many issues that need to be clarified. The judicial practice of the courts is not unified in many cases. The legal certainty of the participants of the arbitration and execution proceedings is impaired and their legitimate expectations are not always met. The thesis concerns primarily with the circumstances that may lead to dismissal of the execution order or to the suspension of the execution proceeding, in particular, these circumstances are errors in the delivery of the arbitration decision, non-transparent selection of the arbitrator, incompatibility with good morals, in the case of consumer disputes the imbalance in the rights and obligations of the parties and the absence of obligatory instructions in the arbitration proceedings. It also deals with the procedure of the execution court when reviewing the arbitration decision, resp. the...
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Instruments of preparatory stage of civil proceeding
Čičmanec, Adam ; Frintová, Dita (advisor) ; Dvořák, Bohumil (referee)
Instruments of preparatory stage of civil proceeding Abstract Preparatory proceeding is one of the stages of civil procedure and involves complex of procedures granting the presiding judge an opportunity to clarify the fundementals of dispute, both legal and factual, to acquaint parties to the suit with anticipated course of legal proceeding and to secure efficient proceeding. One of the most distinctive features of the Czech civil proceeding is predominantly discursive and lengthy manner in which judges aporoach the case management. The preparatory stage plays critical role in determining the actual length and overall course of civil proceeding. Contrary to majority of other modern legal systems Czech law, legal doctrine and practise of the courts still somehow neglect the above mentioned importance of this stage. Moreover, this fact is admittedly linked to Czech system of civil proceeding still mainly embracing so called piecemeal type of civil proceedings where the pleading stage is followed by several short hearings where evidence and arguments are collected, instead of main hearing model widely accepted by countries taking significance of preparatory stage into account. The goals of this essay were to evaluate different instruments that Czech civil procedure law provides the judges during preparatory...
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