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The electronic payment order procedure at the district court
Nippertová, Pavla ; Macková, Alena (referee) ; Smolík, Petr (referee)
In this thesis is described electronic order for payment procedure at the district court. Thesis is divided into six chapters. It begins with a history. The main body of the thesis deals with a legal analysis of the electronic order for payment procedure at a district court. It involves the beginning of the procedure, conditions of procedure, delivery, correction tools, and finally, enforcement. It points at deficiency in legal regulations which makes the interpretation of law problematic. In addition, there can be found a comparative study with a German legal system and European order for payment is also mentioned.
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Reimbursement of costs of proceedings in petty cases
Zuska, Pavel ; Macková, Alena (referee) ; Pohl, Tomáš (referee)
The purpose of my thesis is to point out the increase of the amount of the petty cases, to analyze its reasons, to describe the development of the relevant legislation and case law and to deal with some main legal arguments related to the issue of the reimbursement of the costs of proceedings in petty cases. The reason for my research is mainly its topicality and rapid evolution in a few past years. The boom of the mass claim recovery realized by the specialized "debt companies" was the reason of the legislative amendments and led to the ground-breaking decisions of the Constitutional Court, which resulted in the repeal of the regulation No. 484/2000 Coll. The thesis is composed of the introduction, four chapters and conclusion. The introduction is focused on the reasons of my choice of the topic and on the definition of the specific kind of petty cases my thesis is related to. Chapter Two provides the general overview of the institute of reimbursement of costs of proceeings, examines the varieties of the costs of proceedings, explicates the general principles the reimbursement of costs of proceedings is based on, explores the remedies and deals with the reimbursement of costs of enforcement proceedings. Chapter Three describes the growing amount of the petty cases, analyzes its reasons and reviews...
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Principles of civil law procedure
Szalonnás, Ondřej ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The purpose of my thesis is to analyse principles of civil procedure that are derived from the right to a fair trial. This topic is very actual partly because of the newest development of society (which poses new challenges even for the civil procedure) and partly because of the specific situation in the Czech Republic. Therefore it is necessary to not only be aware of the basic principles of the civil procedure, but as well know how they are being applied. The thesis is composed of seven chapters, each of them dealing with a different principle. Chapter One is introductory and defines what are the principles concerned, where they come from and explores their history. The next part of the first chapter attempts to elucidate why this topic is of an interest in the Czech Republic at the current time. Chapter Two deals with the right to an independent and impartial tribunal established by law. Chapter Three focuses on the right to a fair hearing and ways by which it is secured. The right to a fair hearing consists of set of important rights, e. g. right to a hearing in one's presence, right to an effective participation at the hearing and right to an adversarial trial. Those rights must be interpreted in compliance with the principle of equality of arms. Chapter Four explores the right to trial within...
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Execution of movables
Hobl, Jaroslav ; Smolík, Petr (advisor) ; Macková, Alena (referee)
Name of this work: Execution of movables As the title shows, this work deals with one of the manners of debt enforcement in the Czech Republic by means of judicial officers. In the introduction, the author introduces readers into history of enforcement law. Following parts deals with decreeing the execution with the means of execution of movables and both personal and tangible ensuring the process. Further the author mentions the executable goods, and afterwards he comes with detailed description of constituent phases of attachment of movable goods. He especially emphasizes the crucial part of this kind of execution which is movable goods attachment. The work is also concerned with third person's rights protection as one of the fundamental principles of executory laws. Furthermore, the author makes an attempt to suggest possible amendment of contentious § 68 of the executory code. The subsequent chapter deals with the public auction sale of the attached movables process which contains their appraising, issuing the notice sale, and finally the sale itself while the author does not omit proceeds from the sale. The concluding part concerns the costs which appear at the movables execution. The goal of this work is to analyse the component phases of movables execution. The author endeavours to point out...
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Court decisions in execution proceedings
Suchánková, Hana ; Macková, Alena (advisor) ; Smolík, Petr (referee)
The purpose of this submitted rigorosum thesis titled "Court decisions in execution proceedings" is analysis of the legal regulation of execution proceedings affecting procedure and decision-making by courts during these proceedings, focusing on individual amendments and the related changes to selected provisions of the Execution Code, their mutual comparison, assessment of the suitability of their adoption and consideration whether their benefits in the form of "dis-encumbrance" of the courts predominate over the possible risk of potential excess by bailiffs. The scientific methods used to achieve the defined goals included the descriptive method, supplemented by the analytical method and also the comparative method. This work consists of three chapters. The introduction presents the most important amendments to the Execution Code regulating decision-making by courts and subsequently defines the goals of this thesis and the specified scientific methods used to achieve the goals of this thesis. The first chapter is devoted to the history of execution proceedings from Roman law regulations to acceptance of the Execution Code (Act No. 120/2001 Coll.). The second chapter discusses current regulation of execution proceedings, focusing on the standing of the bailiff and his procedure within the...
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Consumer protection law in the ongoing European internal energy market by the example of the Electricity Directive 2009/72/EC
Ziegler, Friedrich ; Tichý, Luboš (advisor) ; Bejček, Josef (referee) ; Macková, Alena (referee)
The thesis deals with the question about necessary conditions to achieve the objective of a high level of consumer protection in the context of the ongoing internal electricity market taking into account the grid-bound electricity supply, which is characterized by the natural monopoly of regulated networks as well as by competition for the homogeneous product electricity. It evaluates the relationship between effective competition and energy sector-specific consumer protection taking into account the energy-specific regulatory law and examines in detail the regulations of the Directive 2009/72/EC concerning consumer protection under the perspective of enabling the responsible and informed consumer to operate as a self-determined market participant and so shape the market actively towards its completion. After art. 114 TFEU as the existing central norm concerning the alignment of the internal energy market is distinguished from other possible competence rules like the new energy sector-specific competence title of art. 194 TFEU the requirements developed by the ECJ case law concerning art. 114 TFEU from the point of view of the energy sector-specific consumer protection are presented. The thesis clarifies both to what extent in Directive 2009/72/EC codified consumer rights are suitable to achieve...
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Mediation as an alternative dispute resolution
Targa, Veronika ; Macková, Alena (advisor) ; Smolík, Petr (referee)
TITLE: MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION ABSTRACT This rigorous thesis deals with the problematic of alternative dispute resolution, specifically with mediation method. First part of this thesis generally describes alternative dispute resolution and describes chosen alternative methods. What follows is the part focusing on mediation itself, its theoretical bases, especially process description, mediator and his/her professional requirements, tools used in mediation and mediation application areas. Furthermore this thesis focuses on mediation legal frame interpretation in non - criminal area, especially on newly accepted act No. 202/2012 Coll., on mediation and amending certain laws. For comparison purposes this thesis contents Czech legal frame as same as the European and American one. Before final conclusion there are some thoughts on possible practical issues of mediation.
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Mediation in the Legal Order of the Czech Republic
Březovják, Michal ; Macková, Alena (advisor) ; Smolík, Petr (referee)
The subject-matter of the present rigorous thesis is the legal regulation of mediation in the Czech law. The thesis focuses on the legal regulation of mediation in non-criminal cases. It is based on an analysis of the effective legal regulation and its comparison with foreign legislation on mediation on the territory of the Slovak Republic. It concludes that mediation in non-criminal cases can be performed even outside the mode of basic rules contained in Act No. 202/2012 Sb. (Coll.), on mediation and alterations to some acts (Mediation Act). Furthermore, it ascertains that the mediation process is generally regulated, mediation seeks solution to a dispute between any parties, specific requirements are imposed on the mediator, the undertaking of mediation is not a trade, the undertaking of mediation is subject to supervision, the initiation of the mediation process suspends limitation and lapse periods and that the use of mediation is encouraged. On the basis of the analysis of effective legislation on mediation and its comparison with foreign legislation, several recommendations to alter the legislation were made, a recommendation that family mediation should be performed by specialized, registered mediators, a recommendation to omit the condition of lack of conviction for negligent crime as a...
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Judicial decision-making about placing a child into institutional care
Hadamčíková, Miluše ; Macková, Alena (advisor) ; Frinta, Ondřej (referee)
The aim of this thesis is to provide a coherent view of the issue of judicial decision- making about placing a child into institutional care. The base is a determination of the constitutional basis of the right of the state to intervene in family relationships and its simultaneous obligation to act within the child's interest. The first chapter of the thesis gives an insight into key provisions of relevant international treaties and it also offers an overview of conclusions of the European Court of Human Rights case law concerning the right to private and family life. The main part of the thesis occupies with the analysis of the substantial legislation of the institutional care, including European Court of Human Rights case law related to the subject. The following chapter deals with the procedural aspects of the judicial decision-making in the affairs of institutional care. The attention is focused on the principle of the best interests of the child and on the implementation of the procedural rights of the child, especially his or her right to be heard. In the context of the theme the actual recodification of civil law is reflected, as well as the Slovak legislation. The final chapter contains a description of elemental features of the French system regarding endangered children and some...
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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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