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Procedural requirements of civil proceedings
Lašová, Nikola ; Vyskočilová, Silvia (advisor) ; Frintová, Dita (referee)
This thesis focuses on the "Procedural requirements of civil proceedings". A fulfilment of procedural requirements is a prerequisite for issuing a decision in a case. Legal experts distinguish among three groups of procedural requirements: procedural requirements related to the court, procedural requirements related to the parties and negative procedural requirements. In my thesis I have also decided to analyze material procedural requirements as they are considered by many scholars being procedural requirements as well. The reason scholars acknowledge material procedural requirements as a separate group of procedural requirements is that a failure to fulfil causes similar consequences as a failure to fulfil other procedural requirements. The thesis is divided into four chapters, each chapter deals with one group of procedural requirements and includes a detailed description of particular procedural requirement, examination of the requirement and consequences of the failure to fulfil. The first chapter deals with procedural requirements related to the court. The first part of this chapter analyzes civil jurisdiction. In order to define civil jurisdiction, it describes different legal theories of private and public law and extensions and limitations of court's jurisdiction. The second part of the...
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Procedural requirements of civil proceedings and examination thereof
Hájková, Petra ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
Procedural requirements of civil proceedings and examination thereof Abstract The main purpose of the submitted thesis is to provide a comprehensive treatise on procedural requirements of civil proceedings and examination thereof, as well as on addressing the deficiencies of procedural requirements identified during the proceedings and consequences arising in the event of failure to adress such deficiencies. The aim of this thesis is to present and analyse not only the requisites of civil proceedings, which are expressly identified as procedural requirements by the Code of Civil Procedure, but also such requisites regarding their classification as procedural requirements the professional public has not reached the consensus. The thesis is structured into five parts, then into chapters and subchapters. The first part of the thesis concentrate primarily on the definition of the concept of procedural requirements and the differentiation of deficiencies of procedural requirements from defects in the document instituting the proceedings. The second part is devoted to detailed description of the procedural requirements on the part of the court, namely the civil competence and jurisdiction of the court. The third part describes the procedural requirements on the part of the participants, ie the procedural...
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Procedural requirements of civil proceedings
Košútová, Veronika ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
1 ABSTRACT Procedural requirements of civil proceedings My thesis deals with the issues of procedural requirements of civil proceedings, that are sometimes termed also as requirements of proceedings. This term refers to the legal institute, that creates the legal framework for realization of the right to the judicial protection, because the fulfillment of these statutory requirements is one of the fundamental assumptions for hearing of the case and for the issuance of decision in the civil proceedings. Systematically my work is divided into two parts, namely into the general part and the special part. These two parts in total consists of seven chapters. Particular chapters are subsequently divided into the subchapters and each of them into the sections. While the general part consisting of the first three chapters concerns with the general view on the issues of procedural requirements, remaining four chapters of the special part deal with the particular procedural requirements in more detail. The first chapter aims to define as precisely as possible the term of procedural requirements and also potential discrepancies in its interpretation. It involves also the fundamental classification of procedural requirements. Chapter no. 2 analyses the research of procedural requirements, that occurs at any time during...
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