|
|
Concentration of proceedings
Buchtová, Andrea ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Concentration of proceedings Abstract The concentration of proceedings is a key instrument of the modern civil procedure. The purpose of the concentration of proceedings is to expedite civil litigation by establishing a factual and evidentiary 'stopstate', i. e. the latest moment by which factual submissions and motions to take evidence may be made. In this way, the concentration of proceedings is intended to effectively prevent the parties from bringing new statements and new evidence into the proceedings after the effects of the concentration of proceedings have taken effect, thereby contributing to a more expeditious conduct of the proceedings. The aim of this diploma thesis is to analyse and evaluate valid and effective legal regulation of the concentration of proceedings in the legal system of the Czech Republic and to reflect on its possible changes, including an attempt to outline certain controversial issues of the concentration of proceedings and to present the possibility of their solution. In order to achieve this goal, the text of the thesis is divided into five chapters. The first chapter is devoted to a general definition of the concept and purpose of the principle of the concentration of proceedings. The second chapter introduces the principles of the modern civil procedure, which are related...
|
|
|
Hearing Preparationin Contentious Procedure
Kolodrubcová, Anna ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Hearing Preparation in Contentious Procedure Abstract Hearing preparation is a key phase of civil proceedings, in which the judge, with the assistance of the parties, shall prepare the hearing effectively and consistently and subsequently takes a decision pursuant to Section 114a(1) of Act No. 99/1963 Coll., Code of Civil Procedure, as amended, at a single hearing. The aim of this diploma thesis is to carry out a comprehensive analysis of valid and effective legal regulations concerning the preparation of a hearing in contentious procedure in the Czech Republic. To fulfill this goal, this thesis is divided into six chapters. The first chapter defines the concept of hearing preparation and formulates its objectives. For the sake of clarity, hearing preparation is divided into two levels, namely the hearing preparation in terms of its form and the hearing preparation in terms of its material, the so-called proper hearing preparation. These two levels are also described in the first chapter. The second chapter briefly outlines the development of the Czech legislation on hearing preparation, paying particular attention to two important amendments to the Code of Civil Procedure, which have a common objective to strengthen the stage of hearing preparation. The third chapter introduces the individual basic...
|
|
|
Preparation of a hearing in the civil procedure
Pelcová, Zuzana ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Preparation of a hearing in the civil procedure Abstract This thesis deals with the preparation of a hearing in the civil procedure defined by its objective - to hear a case in the fastest possible manner hand in hand with provision of a brief and fair decision, in principle, in one hearing. The first chapter of this thesis is dedicated to defining the purpose of the preparation of a hearing in the civil procedure and outlines the possible differences in contentious and non- contentious proceedings. The second chapter summarizes the historical development within our territory from its very beginnings in the Middle Ages to the current legislation. Subsequently, the third chapter delves into the fundamental principles on which the civil procedure is built upon, as well as the preparation of the hearing. The foundation of this thesis is the fourth chapter, which analyses the various process and instruments of the preparation of the hearing in detail. Firstly, attention is focused on examining the proposal for proceedings' initiation, the fulfilment of the proceedings' conditions and the fee obligation. Afterwards, individual instruments are analysed in depth, for instance the call to correct a submission, the simple call for a response, the qualified call for a response, the preliminary hearing in contentious...
|
guest ::
