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Expropriation
Hostovská, Helena ; Handrlica, Jakub (advisor) ; Frumarová, Kateřina (referee) ; Kopecký, Martin (referee)
1 Expropriation, Abstract Expropriation means withdrawal or limitation of someones property. This represents major interference into the fundamental right to property, as it this encorporated into the article 17 of European Union Charter of fundamental rights, as well as into the article 11 of the Charter of fundamental rights and freedoms, which is part of the Constitutional order of the Czech Republic. However, in the public interest, under the law and for compensation it is possible to initiated proceedings. Expropriation is permitted only in extreme cases where the public interest in the realization of a particular project outweighs private interest. Law sets out strict conditions for expropriation. The legal basis is the Charter of fundamental rights and freedoms according to which expropriation is possible only in public interest, under the law and for compensation. A specific regulation governing the whole process of expropriation is Act No. 184/2006 Coll., on expropriation. The partial regulation is also in the Act No. 416/2009 Coll., on accelerating transport, water, energy and electronic communication infrastructure. Expropriation is possible only for certain purposes, which are defined in specific laws, especially in Act No. 183/2006 Coll., Building act, Water act, Energy act and other. The...
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Concentration of Proceedings
Hostovská, Helena ; Macková, Alena (advisor) ; Dvořák, Bohumil (referee)
The main objective of this rigorous thesis is to provide a comprehensive overview of applying the principle of concentration of proceedings in civil adversary proceedings. At the beginning of the work, the relationship is discussed between the principle of concentration of proceedings and the right to a fair trial or, more precisely, its basic attribute, the right of every person to have their case heard, within a reasonable period of time and by an independent and impartial court, as well as development of the principle of concentration of proceedings and its application in legal regulations valid in the territory of the Czech Republic in the past. The focal point of the rigorous thesis is focused on the issue area of the principle of concentration of proceedings in the applicable and effective Civil Procedure Code. The thesis also aims to introduce the individual procedural provisions that are subject to the concentration of proceedings and to discuss the problems associated with their interpretation and application, to determine their mutual relationship and to summarize them as a comprehensive system created by the principle of concentration of proceedings in our legal order. Separate chapters of the thesis deal with the courts' duty to advise and with exceptions from the concentration of...
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