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Mass actions in Czech civil procedure
Novotný, Vojtěch ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Group actions in Czech procedural law Summary The thesis deals with an issue of group actions, which is a legal instrument of collective protection of private rights in civil proceedings. The aim of this thesis is to analyze this procedural institute, to point out shortcomings of current legislation and to propose it's acceptable solution. The thesis is divided into three relatively independent sections. The first section focuses on theoretical basis (including a brief outline of the historical development) and defines basic terminology used in the thesis. Then it describes the most general division of the collective enforcement mechanisms into a group action and a representative action. The second section concentrates on legislative schemes of group actions in certain foreign jurisdictions. Specifically, it deals with a legal conception of class action in the legal system of the USA, where it is applied as a kind of a opt-out group proceedings (group members, who does not agree with adjudication of their claims, may opt-out), then it deals with opt-in group proceedings in Sweden (group members can be required to enter the suit individually) and finally it describes a German model proceedings in capital market disputes, which represents a compromise between individual and collective proceedings. The third...
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Types of actions in The Civil Process
Karafová, Iveta ; Winterová, Alena (advisor) ; Macková, Alena (referee)
1 Summary The purpose of my thesis is not only to summarize the list of actions which we can find in The Czech civil process, but describe them and make focus on some of the main problems in applications and interpretation of actions. The thesis is composed of fifteen chapters, each of them dealing with different aspects of actions. I have looked into the issues by method of research in literature and judicature and analyzes of main problems in comparing with judicature. First chapter is simply introductory to the area. Second chapter introduce actions generally and define basic terminology used in the thesis. In the first part of second chapter we can find short entrance to the history of actions. The term of action in the civil remedial law represents a universal procedural means of the protection of rights which is not directly linked with material law directed at its protection. All the more this frequently applied institute is important since it provides prevention although indirectly for the rights which are threatened by legal insecurity and so it serves to fulfill the fundamental principles of a democratic state guaranteed by the Constitution and the Bill of Rights, particularly the principle of peace (legal security) and the right of just suit: "Everybody can sue for his/her right using a defined...
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