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Non-contentious Civil Proceedings in Comparative Perspective
Šlejharová, Markéta ; Zvára, Michael (referee)
v anglickém jazyce The dissertation focuses on the legal-theoretical definition of non-contentious civil proceeding according to the most important Czech, Austrian and German legal-theoretical conceptions, on the basis of which the key differentiation criteria for distinction between contentious and non- contentious jurisdiction are determined. Based on the defined criteria, the second part of the dissertation assesses the nature of proceedings dealt with under the Act on Special Judicial Proceedings, as well as the nature of proceedings dealt with under the Act on Civil procedure code, about which there is no unified opinion in legal theory. The nature of the proceedings is also compared (if the regulation of the given issues allows it) with the current German and Austrian legislation and with the conclusions about their contentious and non-contentious nature on a legal-theoretical level. The particular types of non-contentious civil proceedings are divided into four groups: (i) the classic core of non-contentious civil proceedings, (ii) non- contentious civil proceedings, whose subordination to regime of contentious civil proceedings is inherently excluded, (iii) non-contentious civil proceedings, whose subordination to regime of contentious civil proceedings is inappropriate, and last but not...
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Legal capacity proceedings
Palánová, Petra ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
This thesis deals with the legal capacity proceedings, which are the procedural reflection of legislation of restriction on legal capacity included in the Civil code. The legal capacity is the key legal institution for the human possibility to make a juridical acts. In some cases, it is neccessary, for the reason of protection of human, to restrict on the legal capacity, eventually to choose another preferable measure. Procedural regulation of these proceedings is, with effect from 1. 1. 2014, contained in the Code on Special Court Proceedings (Act No. 292/2013 Coll.), as it comprises certain derogations from classic contentious proceedings. The aim of the thesis is to comprehensively summarise and interpret this legislation including her relation on the substantive regulation, point out her faults and propose options, how to remove them. To this purpose, opinions of experts and present case law regarding these matters are in the thesis also confronted. The thesis consists of three main chapters, which are subdivided into some subchapters and sections. The content of this three chapters is the general delimitation of legal capacity, the excursion into the history of legal capacity and the procedural regulation of the legal capacity proceedings. The aim of the first chapter is to introduce the concept of...
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