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Secondary intervention
Hrma, Michal ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Secondary intervention The diploma thesis deals with the concept of secondary intervention, its definition, the issue of interpretation of the provision governing secondary intervention and comparison with Austrian legislation. The first chapter generally defines participation, in particular the capacity to be a party to proceedings or procedural capacity. It also contains a brief definition of the main intervention and its differences from the secondary intervention. The following chapter deals with the development of the legal regulations of this institute. The third chapter defines secondary intervention and its admissibility; any conditions which must be satisfied in order for the intervener to intervene in the proceedings. The core of the thesis is the fourth chapter, where the author tries to describe the main problems of the legal regulation, especially and not only the position of secondary intervention in proceedings before the court of first instance or in proceedings on remedies. The penultimate chapter describes forthcoming changes in the regulation of secondary intervention in the upcoming Civil Procedure Code. In the final chapter the author briefly compares the Czech legislation with the Austrian legislation. The outcome of studying this institute is a conclusion that the brevity of...
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Comparison of Judgment by Default under Czech and Spanish Law
Švábová, Marie ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
1 Comparison of Judgment by Default under Czech and Spanish Law Abstract This diploma thesis addresses Czech and Spanish legislation with respect to judgement by default and the subsequent compassion thereof. First chapter focuses on the defendant's default under Czech law, more specifically on the concept of the defendant's default during court proceedings, conditions that must be met in order to deliver a judgement by default, impermissibility of delivering a judgement by default, excusable grounds of default as well as the remedies that can be relied upon against such judgement. Second chapter follows with a description of Spanish legislation on the defendant's default during court proceedings. It deals with the concept of the defendant's default during court proceedings, conditions under which it is possible to issue a declaration of defendant's default, consequences associated with the defendant's default during court proceedings, delivering court documents to the defendant and to application for annulment of the final decision on the matter of the defendant in default and other remedies available to the defendant under Spanish law. The final chapter of the thesis outlines important differences which the author came across whilst studying each legislation. The author attempts to draw her own critical...
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Procedure before the International Criminal Court
Linhartová, Radka ; Ondřej, Jan (advisor) ; Bílková, Veronika (referee) ; Beránek, Milan (referee)
The paper analyses the trial before the International Criminal Court (ICC) in the light of theoretical models elaborated in the State traditions - the continental (inquisitorial) system and the Anglo-American (adversarial) system. Hypothesis from the beginning of this paper according to which the trial is predominantly based on features of the continental (inquisitorial) criminal procedure has been confirmed. Regulations comprise the trial procedure before the ICC contain mostly provisions typical for continental (inquisitorial) criminal procedure. The paper contain the case study of the first trial before the ICC (Thomas Lubanga case) with a view to procedural problems at this stage of the proceeding. The way of interpretation typical mainly for continental (inquisitorial) criminal procedure have been used as a solution of these problems.
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