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National Repository of Grey Literature 2 records found  Search took 0.02 seconds. 
The preliminary ruling
 Chudoba, Stanislav ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The preliminary ruling The subjects of thesis research are preliminary rulings considering the Czech civil proceedings and preliminary rulings submitted to the Court of Justice of the European Union. The thesis is designed to analyze legal changes made to the preliminary rulings with emphasis on the case-law. The introductory historical part of this thesis describes the then Roman law institute called praeiudicium, in which the beginnings of the development of the current form of the preliminary rulings can be observed. Later on, the attention of the thesis is shifted towards preliminary rulings in the legal order of the Czech Republic. After the opening determination of the term, the following chapters begin to focus on the nuances of the terminology of this procedural institute, position of the preliminary ruling in the judgment or explaining the differences between material and procedural preliminary rulings. The main chapter is centered around the boundness of the court by existing decisions regarding the specific question. This part is followed up by the explanatory breakdown of the law in force. The next chapters of the thesis discuss the assessment of the preliminary rulings that have not been ruled yet. The chapters also examine facultative and obligatory suspension of the proceeding...
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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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