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Application for an appeal review on the points of law in civil procedure
Hrbek, Tomáš ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
This thesis focuses on the effective regulation of the application for an appeal review reflecting it from the point of its value background, historical development and the relevant case-law. With an intention to point out the necessary backing for the critical assessment of specific elements and the present form of the application for an appeal review in a civil procedure as a whole, the thesis deals with the theoretical basis of the legal remedies in the civil procedure and with the role of the application for an appeal review in their effective regulation. In the thesis, particular attention is paid to the purposes of the application for an appeal review, i.e. to the unification of the case-law and the protection of the rights of an individual in a particular case, as far as to their relation to the legal certainty resulting from the final decisions, which the use of the application for an appeal review undermines. The thesis contains the general conclusions on the relationship between these values and the conclusions on the appropriateness of the regulation of the particular elements of the application for an appeal review, which are connected with these values. A special chapter of this thesis deals with the history of the appeals focusing only on that facts and legal constructs, which are...
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Application for an appeal review on the points of law in civil procedure
Polánský, Adam ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Resumé The official title of my thesis is Application for an appeal review on the points of law in civil procedure. The main objective of this thesis is to describe the development of an institute of an application for an appeal review throughout the legal history of the civil procedure in the area of the Czech Republic up to current state, with a particular focus on the conditions of admissibility of such application and its essentials. My thesis is composed of three chapters. The first chapter is to introduce the reader to the historical development of an application of an appeal review from the very beginning in the 18th century up to date. In particular, the landmark Constitutional Court decision (sp. zn. Pl. ÚS 29/11) is emphasized in the end of the chapter. The second chapter deals with the actual legislation of an application for an appeal review in The Code of Civil Procedure. Its main goal is to describe this institute as whole. It is also to provide the reader with further analysis of some controversial issues of the actual legislation as the conditions of admissibility of an application and its essentials required by the law. Finally, it manifests the attitude of the judiciary towards these problematic features of the actual legislation. The third chapter contains the brief explication about an...
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Application for an appeal rewiev in civil procedure
Jaroš, Adam ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The Application for an appeal review in civil court proceedings is an exceptional remedy, which may brought against final decisions of the Court of appeal. Through the application for an appeal review the Supreme Court of the Czech Republic not only corrects the defects of legal decisions of courts of appeal, but at the same time it keeps an eye on the unification of the decision-making practice of the courts of appeal. The legal regulation of the application for an appeal review is contained in particular in the Code of civil procedure, as amended, and its minor styling techniques can be found also in the Act on the special legal proceedings, and in the Act on courts and judges. Due to quite complicated legislation and high procedural demands that are placed on the application for an appeal review, is this extraordinary legal remedy a frequent subject of the decisions of the Supreme and the Constitutional Court, whose conclusions are in many decisions fundamentally distinguishing. These contradictions in such conclusions often makes legal regulation of an application for an appeal review even less transparent. The Code of civil procedure lays down the fundamental prerequisites to the admissibility of the application for an appeal review and its requirements. In the preparation of the application...
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Application for an appeal review on the points of law in civil procedure
Hrbek, Tomáš ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
This thesis focuses on the effective regulation of the application for an appeal review reflecting it from the point of its value background, historical development and the relevant case-law. With an intention to point out the necessary backing for the critical assessment of specific elements and the present form of the application for an appeal review in a civil procedure as a whole, the thesis deals with the theoretical basis of the legal remedies in the civil procedure and with the role of the application for an appeal review in their effective regulation. In the thesis, particular attention is paid to the purposes of the application for an appeal review, i.e. to the unification of the case-law and the protection of the rights of an individual in a particular case, as far as to their relation to the legal certainty resulting from the final decisions, which the use of the application for an appeal review undermines. The thesis contains the general conclusions on the relationship between these values and the conclusions on the appropriateness of the regulation of the particular elements of the application for an appeal review, which are connected with these values. A special chapter of this thesis deals with the history of the appeals focusing only on that facts and legal constructs, which are...
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Application for an appeal review on the point of law in civil procedure
Hermanová, Michaela ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The thesis aims to describe the new regulation of the application for appeal review introduced by means of an amendment to the Civil Procedure Code made by the act No. 404/2012 Sb. and to assess its compliance with the Constitution. During the preparation of this amendment a part of the Civil Procedure Code (specifically sec. 237 (1) c)) governing the admissibility of the discretionary application for appeal review was cancelled due to being in conflict with the Constitution by means of the decision of the Constitutional Court of 21 February 2012, file No. Pl. ÚS 29/11. For that purpose, at first, the thesis deals with the application for appeal review itself and certain aspects of it, especially the role it has in the Czech legal system. Based on this general part a special part is built dealing with the admissibility of the application for appeal review. Firstly, the admissibility under the old legislation is described, after that the conclusions of the Constitutional Court are critically examined and, finally, the new legislation is described and confronted with the findings of the Constitutional Court. The Constitutional Court criticized the old legislation for not being sufficiently predictable. It concluded that in order for the new legislation to comply with the Constitution the potential...
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Application for an appeal review on the points of law in civil procedure
Polánský, Adam ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Resumé The official title of my thesis is Application for an appeal review on the points of law in civil procedure. The main objective of this thesis is to describe the development of an institute of an application for an appeal review throughout the legal history of the civil procedure in the area of the Czech Republic up to current state, with a particular focus on the conditions of admissibility of such application and its essentials. My thesis is composed of three chapters. The first chapter is to introduce the reader to the historical development of an application of an appeal review from the very beginning in the 18th century up to date. In particular, the landmark Constitutional Court decision (sp. zn. Pl. ÚS 29/11) is emphasized in the end of the chapter. The second chapter deals with the actual legislation of an application for an appeal review in The Code of Civil Procedure. Its main goal is to describe this institute as whole. It is also to provide the reader with further analysis of some controversial issues of the actual legislation as the conditions of admissibility of an application and its essentials required by the law. Finally, it manifests the attitude of the judiciary towards these problematic features of the actual legislation. The third chapter contains the brief explication about an...
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