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Mediation in the Czech Republic
Jaroš, Jan ; Macková, Alena (advisor) ; Zahradníková, Radka (referee) ; Dörfl, Luboš (referee)
DISERTAČNÍ PRÁCE V ANGLICKÉM JAZYCE Mediation in the Czech Republic A doctoral thesis represents an evaluation of the fulfillment of the legislator's predicted objectives and expectations placed into the adopted legislation of mediation after ten years of its effectiveness in the legal system of the Czech Republic. The text is divided into thirteen chapters, which gradually address the main topics related to the new civil law regulation of mediation. The first chapter briefly describes the development and existing mediation regulation in the Czech Republic. Next, there are identified the main points of research interest, which are elaborated in more detail in the following chapters. The attention is successively paid to the topics of (i) the duplex legal regulation of mediation, (ii) the performance of mediation outside the framework of the Mediation Act, (iii) the presumed benefits and guarantees associated with mediation under the Mediation Act, (iv) confidentiality of the subjects involved in mediation, (v) the remuneration and reimbursement of the mediator's expenses, (vi) prerequisites for the registered mediator profession, (vii) special legislation for mediator-attorneys, (ix) regulation of the first ordered meeting with a registered mediator, (x) the statute of limitations, (xi) direct...
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Procedural principies for producing evidence
Skřebský, Jan ; Střeleček, Tomáš (advisor) ; Zahradníková, Radka (referee)
The presented master's thesis discusses the branch principles of civil procedure and thein application in the process of evidence. Legal principles serve as the foundation of every legal field and represent the fundamental measure for the interpretation and application of legal norms. Evidence is a crucial area of civil procedural law because it is only through the process of evidence during judicial proceedings that the basic purpose of objective law, which is the protection of its subjects, is expressed. The question of procedural principles is a common subjekt of debate in relation to the amendment of the Civil Procedure Code and the potential future form of a new Civil Procedure Code. Since these principles influence the nature of different types of proceedings, they are often the subjekt of examination in terms of thein signifikance for a specific type of proceeding. The aim of this thesis is to evaluace the fiction of procedural principles in civil proceedings. While the primary focus of my research is thein impact on evidence, an adequate interpretation of them cannot be provided without considering their influence on the entire course of proceedings, including pre-proceedings processes and thein expression in court decisions. Another objektive of this thesis is to provide a comprehensive...
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The court's duty to instruct
Pošmurná, Veronika ; Zahradníková, Radka (advisor) ; Střeleček, Tomáš (referee)
The court's duty to instruct Abstract This text deals with the court's duty to instruct in civil procedural law. The author stresses that this duty expedites proceedings and prevents unnecessary delays. At the same time, however, he draws attention to the importance of protecting the rights of the parties so that they are not prejudiced by the speed of the proceedings. The author focuses on issues relating to the manner in which the court is to conduct the briefing, the individualization of the approach to the parties, and the consequences of failure to comply with this obligation. The text is structured in four parts, which deal with different aspects of the duty to instruct, including historical development, the general duty to instruct, special instructions in the course of proceedings, and instructions in uncontested proceedings. The work also discusses the relationship between the duty to instruct and the concentration of proceedings. The thesis aims to find the right compromise between the efficiency of the proceedings and the protection of the rights of the parties. The author stresses that the instructions should be targeted, and specific, and warn of the consequences of non-compliance. It also points out the importance of correct recording and compliance with the time limits associated with the...
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Expert Evidence in Civil Procedure
Procházková, Kateřina ; Zahradníková, Radka (advisor) ; Střeleček, Tomáš (referee)
65 Expert Evidence in Civil Procedure Abstract Expert evidence is an essential part of the civil process. Its purpose is to help the court in resolving a factual question, the answer to which goes beyond ordinary knowledge. The relevance of the topic is given both by the persistent problems in connection with expert evidence, and the new legislation on the expert activities effective from 1 January 2021. The thesis describes some problematic aspects at various stages of expert opinion proving, as problems related to the assignment of the expert opinion (distinguishing between legal and factual questions), the preparation of the opinion itself (especially its insufficient reviewability) and problems related to its evaluation before the court. The objective of the thesis is to define the main problems associated with expert evidence, to evaluate the impact of the new regulation of expert activities on evidence in court proceedings, to assess whether the regulation of provisions § 127 and § 127a of the Civil Procedure Code is satisfactory, and possibly to propose a solution that would be able to eliminate the defined problems. The first part of the thesis includes an introduction to procedural evidence, deals with the role of the expert and expert opinion in civil proceedings and gives an overview of the most...
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Mediation in the Czech Republic
Jaroš, Jan ; Macková, Alena (advisor) ; Zahradníková, Radka (referee) ; Dörfl, Luboš (referee)
NÁZEV DISERTAČNÍ PRÁCE V ANGLICKÉM JAZYCE, ABSTRAKT V ANGLICKÉM JAZYCE A 3 KLÍČOVÁ SLOVA V ANGLICKÉM JAZYCE Mediation in the Czech Republic A doctoral thesis represents an evaluation of the fulfillment of the legislator's predicted objectives and expectations placed into the adopted legislation of mediation after ten years of its effectiveness in the legal system of the Czech Republic. The text is divided into two main sections. The first section deals with topics related to the Act on Mediation and the Decree on Examination and Mediator's Remuneration. The second part is concerned with the consequences and connections that are not explicitly regulated by such legislation. In the specific chapters, the expectations of the legislator and subsequent opinions arising from ten years of expert discussion are presented. The author's own conclusions formed using appropriate methodological procedures, especially analytical, normative and empirical approach follows. If possible, available statistical data and partly also foreign examples were used in the thesis. In the first part, the addressed topics are (i) the duplex legal regulation of mediation, (ii) the consequences of such duplexity, i.e. advantages and disadvantages for the mediator and participants, (iii) the performance of mediation according to the Trade...
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Protection and defence of the debtor in distraint proceedings in connection with the major amendment to the Distraint Procedure Code
Klimková, Adriana ; Střeleček, Tomáš (advisor) ; Zahradníková, Radka (referee)
Protection and defence of the debtor in distraint proceedings in connection with the major amendment to the Distraint Procedure Code Abstract This Master's thesis deals with the principle of protection and defence of the debtor, which is the core principle of the distraint law and which is reflected in many of its important institutes. This principle is referred to in connection with the amendment to the Distraint Procedure Code, which was implemented by Act No. 286/2021 Coll. and is most often referred to as the "major" amendment. Among other things, this amendment significantly affected the traditional institutes of the distraint law, which reflect the principle of protection and defence of the debtor in the legal system. The aim of this thesis is to evaluate the major amendment to the Distraint Procedure Code and to analyse the principle of protection and defence of the debtor, which is important in order to understand the complete content of the thesis. The paper is focused on a comprehensive examination of the institutes of protection and defence of the debtor, which were most significantly affected by the major amendment to the Distraint Procedure Code, and an evaluation of these changes and updates. For convenience, the text is divided into four parts, which are further divided into individual...
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Inaction and delays in proceedings as disciplinary offenses of judge in the Czech Republic
Slivková, Kateřina ; Pohl, Tomáš (advisor) ; Zahradníková, Radka (referee)
Inaction and delays in proceedings as disciplinary offenses of judge in the Czech Republic Abstract The present rigorous thesis deals with the topic of disciplinary liability of judges in the Czech Republic, specifically the disciplinary offence of inaction and delays in proceedings, as the most frequently criticized ailment of the Czech judiciary, whether it is the lay or professional public. On the one hand, the thesis defines the theoretical framework and the legal regulation on which the issue of disciplinary offences of inaction and delays in proceedings is based (in particular Act No. 6/2002 Coll., on Courts, Judges, Judges and the State Administration of Courts and on Amendments to Certain Other Acts, as amended, and Act No. 7/2002 Coll, on proceedings in respect of judges, public prosecutors and bailiffs, as amended), but at the same time the rich case law of both the European Court of Human Rights relating to disciplinary proceedings in the Czech Republic and the Constitutional Court is presented, and last but not least the case law of the disciplinary chambers of the Supreme Administrative Court. The thesis presents an analysis of the decisions of the disciplinary chambers of the Supreme Administrative Court in the years 2008 - 2023, whereby the analysis examines the methods of decision-making...
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Default judgement - status and perspectives
Danihlík, Tomáš ; Zahradníková, Radka (referee)
Default Judgement - Status and Perspectives Abstract This thesis deals with the topic of default judgment and the status and perspectives of its legal regulation. A default judgment is a special type of judgment that allows the court, under certain conditions, to decide a case without taking evidence on the basis that the allegations made by the plaintiff are undisputed. This makes it an instrument which allows proceedings to be expedited. The default judgment is a classic procedural law institution with a long tradition dating back to the ancient Romans. The tradition of contumacious proceedings in Czech law was disrupted by the adoption of the Code of Civil Procedure in 1950 and the default judgment returned to Czech law only after the establishment of the independent Czech Republic, but it was built on a different basis than the rules in force in the Czech Republic until the adoption of the 1950 Code. As a result, the Czech legal system treats default judgement in a narrower way than the Austrian system, which is the source of some of the problems with which the current system of default judgments has to contend. However, the legislator did not choose to extend the possibility of issuing default judgments to situations where the defendant fails to make a statement of defence or to appear at a preparatory...
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Comparison of Czech and German legal regulation of appellate review with reference to Czech Republic's impending civil procedural law reform
Novotná, Kateřina ; Frintová, Dita (advisor) ; Zahradníková, Radka (referee)
a klíčová slova v anglickém jazyce Název práce: Comparison of Czech and German legal regulation of appellate review with reference to Czech Republic's impending civil procedural law reform Abstract This diploma thesis describes and compares the regulation of civil appellate review under Czech law with the legislation in the Federal Republic of Germany. The first part addresses the chosen topic on a broad level. The introductory section provides an overview of appellate review in both legal systems, a summary of recent recodification efforts, as well as a brief description of the historical development and appellate systems. The next section continues with admissibility. It contains the current Czech and German appellate review's admission regulation. The entire paper is structured so that the Czech law is always described first, followed by the German one, simultaneously comparing both versions and summarizing the results and key differences. The admissibility is divided into objective and subjective, followed by the explanation of additional requirements that both Czech and German appellate reviews must meet. It is also worth noting the assessments of admissibility. In Germany, only courts of appeal can determine whether an appellate review is admissible. In the next section, subjective...
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