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The implications of inheritance proceedings on the substitution of parties in civil proceedings
Ladman, Michal ; Zahradníková, Radka (advisor) ; Střeleček, Tomáš (referee)
1 The implications of inheritance proceedings on the substitution of parties in civil proceedings Abstract This thesis aims to provide a comprehensive overview of the intersection of the statutory regulation of inheritance proceedings and the substitution of parties in civil proceedings, which are inextricably linked. In specific cases, the initial settlement of the succession proceedings is essential for determining the successor in title. The court in civil proceedings must wait until the judicial commissioner has carried out the necessary acts and can pass a final resolution on the estate. For this thesis, the following questions are posed: What is the current legal regulation of substitution of parties when one of the parties loses their qualification to be a party in civil proceedings? How may inheritance proceedings end? What are the implications for the substitution of parties in civil proceedings? Description of the current legislation and an analysis of specific legal institutes or a synthesis of individual provisions used to conclude the impact of the probate proceedings are used the most to achieve the aim of the thesis. The thesis is divided into four interrelated areas. The introduction, which contains the objectives and a summary of the intended content of the thesis, is followed by a more...
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Changes in parties in civil procedure
Minařík, Jan ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Changes in parties in civil procedure Abstract This thesis deals with institutes whose goal is to change the party of proceedings in civil procedural law. Whether as a result of action of the parties or an event independent of their will, there may arise situations in the proceedings where one or the other party loses its substantive legitimacy or even procedural subjectivity. The law must therefore respond to these changes in order to ensure the conditions for continuing the proceedings and issuing a judgment on the merits without the need to stop the current proceedings and initiate new ones. However, in order to maintain speed and to prevent the multiplication of disputes, the procedural rights of the parties, in particular the defendant's, must not be unduly affected. In its first part, the thesis examines the relationship between civil procedural and substantive law and explains individual terms related to participation in the proceedings, which it often uses in the rest of thesis, namely the formal concept of participation and substantive and procedural legitimacy of the parties. The following four sections then deal with the individual institutes that fall under the concept of 'changes in parties', namely the accession of a participant, the substitution of a participant and the procedural succession...
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Substitution of parties in civil proceedings
Rohnová, Veronika ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Substitution of Parties in Civil Proceedings The thesis deals with the substitution of parties in civil proceedings. The aim of the thesis is to analyze this procedural institute and to point out imperfections of current legislation related to substitution of parties in civil proceedings. The thesis is divided into three basic sections, the first section focuses on theoretical fundamentals and basic concepts, the second section focuses on the history of the regulation relating to substitution of parties in civil proceedings, including the professional public discussion on the topic of substitution of parties in civil proceedings, which was published in legal literature prior to the amendment to the Civil Procedure Act No. 30/2000 Sb. The last section is focused on current legislation of substitution of parties in civil proceedings, particularly on the evaluation of current legislation of substitution of parties in civil proceedings and consideration of the proposals according to intended law. Substitution of parties in civil proceedings is divided into the substitution if the claim is not extinguished (if a party dies and the claim is not extinguished), i.e. the universal succession, and into transfer of interest (if an interest is transferred), i.e. the singular succession. Substitution of parties if the...
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