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Interim measures in industrial rights matters
Marešová, Markéta ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Interim measures in industrial rights matters Abstract The topic of this rigorous thesis is interim measures in industrial rights matters. Interim measures represents a procedural institution which contributes to the effective enforcement of industrial rights. The rigorous thesis provides a comprehensive overview of the legal regulation of interim measures, its assessment, in particular with regard to its constitutional conformity, and the identification of problems in application practice, focusing on the specific area of industrial property. The thesis is divided into six systematically organized parts. The first part brings a historical excursion back to the 18th century, where the origins of today's interim measures can be found, leading up to the significant amendments that have been made up to the present day, and the possible future of the code of civil procedure is also mentioned. The second part of the thesis already deals with the current legal regulation of interim measures, where the concept, essence and purpose of interim measures are defined in particular. In the third part of the thesis, the legal regulation in the field of enforcement of industrial rights is presented, individual industrial rights are defined and their relationship with unfair competition is also outlined, because in...
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Preliminary injunctions in civil proceedings
Holubková, Nikola ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Preliminary injunctions in civil proceedings Abstract This diploma thesis deals with the issue of preliminary injunctions in civil proceedings, which are a means of achieving the fastest possible but only temporary protection of a endangered or violated right. Preliminary injunctions have a special function in the civil proceedings, and therefore their legal regulation includes special rules that differ from the regulation of ordinary proceedings. The thesis aims to explain the theoretical foundations of preliminary injunctions, to describe and interpret the current legal regulation of preliminary injunctions and the preliminary injunction proceedings contained in the Civil Procedure Code, but also to highlight the problematic issues of the procedure and the legal regulation and to suggest a suitable solutions. As for the structure, this thesis is divided into three parts. The first part summarizes the historical development of preliminary injunctions in the Czech legal system. The second part is theoretical and deals with the concept, purpose and characteristics of preliminary injunctions, the system of legal regulation, types of preliminary injunctions and the principles of preliminary injunctions proceeding. The third (last) part interpret the current legal regulation of preliminary injunctions. It...
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Preliminary measures in international procedural law
Černá, Pavlína ; Balaš, Vladimír (advisor) ; Faix, Martin (referee)
The title of this diploma thesis is "Provisional Measure in International Procedural Law". The purpose of provisional measures is a preservation of the rights of each party pending the settlement of the dispute which means pending the definitive decision in the case. It helps to protect the object of the litigation and to maintain in its state as it existed on the initiation of the proceedings. Furthermore, the function is a preservation of the integrity of the final judgment and the prevention of violent self-help. I chose the issue of provisional measures as a topic of my diploma thesis because it is an essential instrument to enable any international court or tribunal to perform its functions. The aim of the thesis is to analyze law containing provisions relating to order of provisional measures and practice of particular international courts and tribunals. The diploma thesis is divided into five chapters. First chapter defines provisional measure and explains its using in International Procedural Law. Second chapter focuses on the exercise of provisional measures in international arbitration especially in respect to proceedings before the International Centre for Settlement of Investment Disputes. On the other hand, third part deals with proceeding concerning provisional measures before two...
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Protective options against domestic violence
Průcha, Václav ; Angelovská, Olga (advisor) ; Munková, Gabriela (referee)
Diploma thesis "Protective options against domestic violence" deals with one of the serious problems of the current populations, which is domestic violence. The work is focused on one slice of the problem, namely to address the protection of victims of domestic violence. In this work are described and analyzed the possibility that victims of domestic violence can use to protect themselves. There are also mentioned institutions, which provide protection to victims. The options of protection of the victims of domestic violence were compared with each other and then with the means of protection in neighboring states. The comparison showed that the most effective mean of protection against domestic violence in the Czech Republic is expulsion and that in the Czech Republic, the institute used much less frequently than in neighboring states. The paper also verified the hypothesis that there are links between the numbers of cases of domestic violence, unemployment figures and the number of violent crimes. Comparison showed that these phenomena are closely related. Finally, the proposal was stated to be better protection of victims of domestic violence, namely strengthening the authority of victims of domestic violence in divorce cases.
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Preliminary measures in civil proceedings
Turková, Lenka ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The presented master's thesis on the "Preliminary measures in civil proceedings" deals with the institute of preliminary measure in the civil procedure as a measure, which provisionally ensures the rights of natural or legal persons. The preliminary measure is used in such situations, where there cannot be awaited until the final decision in the case is issued, with regard to the threats to individual rights or with respect to the concern, that the enforcement of the court decision is threatened. The aim of this thesis is to provide the reader with the complex overview of the information about the preliminary measure, both about the so called general preliminary measure governed by the Act No. 99/1963 Coll., Code of Civil Procedure and about the so called special preliminary measures governed by the Act No. 292/2013 Coll., on Special Court Proceedings. The master's thesis is structured into five chapters. The first chapter refers to the historical development of the preliminary measure in our territory and provides general information about this institute and its purpose. The second part is focused on the general preliminary measure's issues. In this chapter, the author describes the procedure on proposal on order of this type of preliminary measure, the duration of preliminary measure and the...
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Provisional measures in international human rights law
Zaydlar Hodysová, Petra ; Faix, Martin (advisor) ; Lipovský, Milan (referee)
Provisional Measures in International Human Rights Law Abstract Whenever human rights are at stake there should be quick response of the authority dealing with the situation. Provisional measures can therefore be useful tool how to prevent irreparable harm. The aim of my rigorous thesis is to complement my diploma thesis and to analyse provisional measures indicated by various human rights adjudicators from different continents. Main focus is put on legal provisions empowering international courts and quasi- judicial organs to indicate provisional measures, examining whether provisional measures are legally binding, exploring the extent to which international forums indicate provisional measures, highlighting some specific types of provisional measures and examining whether we can answer the question whether addressees do implement issued provisional measures in proper manner. The approach is description with elements of comparison. The thesis is composed of six chapters. Chapter one is introductory and defines the concept of provisional measures and its main characteristics and conditions for use. Chapters two to five are dealing with various courts and quasi-judicial organs on the universal level and in Europe, Africa and the Americas. Chapter two is subdivided into two parts. Part one examines...
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Preliminary Indunction as per Civil Code Procedure
Kučera, Vít ; Macková, Alena (advisor) ; Holčapek, Tomáš (referee)
KUČERA, Vít: Preliminary injunction as per Civil Procedure Code Abstract KUČERA, Vít: Preliminary injunction as per Civil Procedure Code - Charles University, Faculty of Law; Department of Civil Law - Adviser: doc. JUDr. Alena Macková, Ph.D., Praha: UK PF, 2020. The thesis pursues the problematics of preliminary injunction in civil trial procedure with emphasis on complex analysis of valid and effective legislation contained within the Civil Procedure Code, and further on selection of consequences related with its practical use, supported by many case law examples chosen through the whole court system mainly in the Czech Republic. As far as the structure of the thesis is concerned, the thesis is divided into theoretical part devoted to the basis of the topic, including historical development of preliminary injunctions, its theoretical grounds, specifics and also nature and purpose of the whole institute. Because of an important reduction or suppression of many universally applicable principles shaping the civil procedure, also the constitutional conformity is researched. The thesis further contains practical part focused on present legislation related to preliminary injunction, which is divided preferentially by the course of a civil proceedings. Attention is paid successively to formal conditions of...
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Preliminary injunction and its execution
Nerada, Aleš ; Frintová, Dita (advisor) ; Macková, Alena (referee)
Preliminary injunction and its execution - Abstract The aim of this thesis, in particular, is to describe and define, as thoroughly as possible, the preliminary injunction incorporated in the OSŘ, including related case law. Such a preliminary injunction is traditionally used in situations when immediate intervention of the court is necessary, because in the respective case it is not convenient for the claimant to wait for the final decision of the court. Along with the abovementioned, I also analyse the preliminary injunctions regulated by the ZŘS. It is also my aim to analyse the enforcement process of preliminary injunctions regulated by the OSŘ and EŘ and to define the main differences between them and describe some of the modes of enforcement of preliminary injunctions. I also look at the possible criminal consequences in cases where a preliminary injunction is infringed. Last, but not least, the aim of this thesis is to analyse what is considered in relation to preliminary injunctions de lege ferenda. The thesis is composed of eight chapters, the subject matter of the thesis can be found in chapters three to seven. The first two chapters deal with a general introduction to the topic and in the eighth chapter the conclusions of the thesis are drawn. The third chapter examines current proceedings and...
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Enforcement of judgments in family cases
Brhlíková, Pavla ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
The issue of the enforcement of judgments in family cases is of a specific nature and differs from the enforcement of other civil law decisions by the specific legal regulation and the nature of the subject matter of the enforcement of decisions, where the subject matter are persons, especially minors, and not thed pecuniary and non-pecuniary performance as in other cases of enforcement. In connection with the recodification of private substantive law, a new Act No. 292/2013 Coll., on Special court proceedings, which contains special legal regulations on the enforcement of judgments in matters of protection against domestic violence and in matters of custody of minors, was adopted. At the same time, Act No. 99/1963 Coll., The Code of Civil Procedure, was novelized and remained a subsidiary act. This thesis deals with special procedures for the enforcement of judgements in family cases, which we find in the second part of the fifth section of the Special court proceedings Act. In the first chapter, the thesis deals with the issue of civil proceedings, the enforcement proceedings and execution of decisions, with emphasis on its development, principles, functions and legal regulations. The second chapter focuses on the enforcement of judgements in family cases and on their specifics. The third chapter...
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