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Regular Appeal in civil proceedings
Graus, Lukáš ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Regular Appeal in civil proceedings As it is the case in ordinary life also in judicial decision making, errors cannot always be omitted. A judicial decision can suffer from various defects that may have different characteristics or the judicial decision may not necessary suffer from such defects, but the litigants may consider it as defective due to them being unsatisfied with the unfavorable outcome. For this reason, the civil procedural code contains institutes that enable the modification, revocation or affirmation of a judicial decision. These institutes constitute the appellate procedure are subdivided into regular and extraordinary, depending on whether the litigants are appealing a decision that has already became valid or not. The aim of this diploma thesis is to focus on the current legal regulation of the appellate procedure with a strong emphasis on regular appeal in dispute proceedings. I chose this topic as the focus of my diploma thesis because it is the only regular remedy contained in the czech civil procedural code and therefore the most commonly used in judicial practice and also the one, I am most familiar with from my own professional experience. The fundamentals of the appellate proceedings are contained in the Act no. 99/1963 coll., civil procedural code, which regulates the...
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Cassation and appeal in the criminal procedure code
Boledovičová, Zdeňka ; Hořák, Jaromír (advisor) ; Herczeg, Jiří (referee)
- Cassation and appeal in the criminal procedure code The subject of my thesis is a cassation and appeal principle used during a criminal proceedings. Both principles control criminal proceedings within the meaning of determination of the appeal body jurisdiction, especially how to treat a first instance judgement that is opposed to a factual or legal flaws. Current legal regulation tends to apply the appeal principle with a restricted appeal elements and in compliance with the factual intentions of a legal code. This trend will continue in the future as this approach is implemented in the forthcoming legal code provisions. The thesis is divided into five chapters. The first chapter present the historical excursus of the Czech judicature evolution. It presents difference between civil and criminal law. The second chapter discuss a legal remedy system and is mainly focusing to define terms such as appeal, cassation and revision. The aim is to clarify the legal remedy principles and also to explain the purpose of reviewing procedure during a criminal proceedings with accent to a three main roles of the reviewing procedure: general, immediate and extended which all represent main criminal proceedings principles. The subject of the next chapter is focused on a relationship of the cassation and appeal...
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Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Abstract The public administration itself is bound by applicable legal provisions. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strict legal procedure with corresponding legal mechanisms, which aim to remedy the status caused by unlawful action or inaction of the public administration. The object of this dissertation focuses, in particular, on analysis of individual means of protection of rights in public administration (i.e. the issue of the protection of public subjective rights) and their mutual relationships between them at level of legal regulation de lege lata. However, certain space had to be dedicated also to the procedures of public administration in matters related to private subjective rights as even the public administration decides on certain matters of private law. As regards the protection of private rights by public administration I mentioned the dualism of the review of decisions of public bodies and certain examples of public administration deciding on matters of private subjective rights. Further I stressed the issue of civil liability related to the conduct of public administration, i.e. liability for damages caused by unlawful decision and unlawful procedure. Pursuant to the act on liability for...
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Appeal in civil procedur
Němečková, Bára ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
Appeal in civil procedure The aim of this diploma thesis is to describe the law regulation of appeal in czech civil procedure in connection with application of law by judges. I tried to describe the process of appeal procedure in Czech Republic and also describe a practical problem connected with application of law. This type of legal remedy is the most applied way how to examine or change the verdict of the judge. I have choosen the topic Appeal in civil procedure, because I am interested in civil procedure at all and in the future I would like to become a judge assistant. I think that knowledge of civil procedure is very important for each lawyer. The legal regulation of appeal and other legal remedies is enshrined in the legal act No. 99/1963, called Občanský soudní řád (Civil Procedure) in Czech Republic. The regulation we can find also in other legal acts (e.g. No. 292/2013 called Zákon o zvláštních řízeních soudních). This thesis is divided into twelve chapters, each charter is focused on different issue of this topic Appeal in civil procedure. The thesis is consisted of theoretical explanation of the institution of appeal in civil procedure and I also tried to emphasize the meaning of the practice of the courts, because the practical application of law is maybe more important than the...
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Food advertising in the media
Russkina, Tamara ; Hasil, Jiří (advisor) ; Confortiová, Helena (referee)
1 ABSTRAKT The topic of this thesis is "The food advertising in the mass-media". It focuses basically on defining the conception of advertisement, determines its purpose and intentions. There is a following analysis of the chosen audiovisual and printed advertisement materials for the groceries of the Czech and Russian social environments and their comparison. First of all this thesis focuses on the advertisement research from the linguistic and psycholinguistic point of view, nevertheless other approaches to advertisement analyses are described as well, mostly marketing which is a part of advertising.
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Appeals in Criminal Proceedings
Rejchrtová, Eva ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The Doctoral Thesis concerns with appeals in criminal proceedings from the point of view of their inclusion into the system of ordinary and extraordinary remedies characterizing them from the theoretical part with point of view to influence any basic principles of a criminal procedure and discusses the effect of revision principle defining the range of appellate court reviewing obligations and principles of an appellate court and cassation and appellation principles in the way of an appeal setting, as well as other demonstrations of other specific principles of a correction procedure. With regard to the basic changes that happened by last great amendment to the Criminal Procedure Code it describes the valid appeal legislation as the only appeal against a still not legitimate judgment of a first instance court and also draws attention to some actual problems of judicial practice. It compares the legislative confirmation of appeals in the Czech Criminal Procedure with the Slovak legislation and de lege ferenda consideres the needs of appeal proceedings with regard to the prepared re-codification of criminal justice process.
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The Role of the Court of Appeal from 1548 to 1783
Pleskot, Jaroslav ; Kindl, Vladimír (advisor) ; Soukup, Ladislav (referee) ; Šouša, Jiří (referee)
The Role of the Court of Appeal from 1548 to 1783 The purpose of this thesis is to analyse the development of the Court of Appeal in Prague between the years 1548 and 1783. The thesis describes the role of one the most important tribunals in the Czech Lands during the Early Modern Age. The reason for my research is that this issue has not been elaborated complexly by modern historians. The aim of the thesis is to complete and revise results of former researches in this area. The thesis is composed of an introductory, ten chapters and conclusions. Some chapters are subdivided into parts. The introduction defines the topic, describes existing literature and other materials. The investigation is based both on published and archival documents. The last ones were examined in the National Archives and chosen regional archives. Chapter One examines why the Court of Appeal was established, specifies its legal framwork and describes members of the Court. The Court was established in January 1548 by Czech King Ferdinand I Habsburg (1526-1564) in order to restrict the power of royal towns in the Czech Lands after the sovereign suppressed the revolt of the Estates in 1547. The judges of the Court of Appeal were representatives of all Estates in Bohemia (high nobility, gentry, burgesses) and four erudite...
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Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Summary The public administration itself is bound by applicable laws rules. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strictly legal procedure with corresponding legal mechanisms, which aim to remedy of status cause by unlawfull action or inaction of the public administration. Moreover, if conditions laid down by European Convention on the Protection of Human Rights and Fundamental Freedoms are met, an individual has a right to apply to the European Court of Human Rights (Strasbourg) for a revision of a challenged act of public administration, which is considered to be as a final and conclusive from the point of view of national law. The object of this Thesis focuses, in particular, on analysis of individual means of protection of rights in public administration and their mutual relationships between them at level of legal regulation de lege ferenda. Also, it cannot be disregarded the assessment of effect of courts' decisions or doctrine, including stating own knowledge based on the practice particularly in the area of administrative law. The Thesis focuses on the issue of the protection of individual public rights. As a consequence, legal means designed to provide protection of law in objective sense (that is...
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Main Principles and Elements of Roman Procedural Law
Škeříková, Jana ; Skřejpek, Michal (advisor) ; Blaho, Peter (referee) ; Židlická, Michaela (referee)
My doctoral thesis is focused on the main principles and elements of Roman procedural law. However, during my research I realised the terms are very similar. One of the main points of my thesis is dedicated to the constitutional system of Roman republic and its norms, including the very important law codex, the Twelve Tables Law. Moreover, I take the Justinian Codification of Roman law into focus. A very important source is also antique literature, texts of prominent lawyers and various types of administrative acts. A vast inspiration can be found in many European museums. The main principles and elements are applicable to actions, defendants and plaintiffs, to judicial hearing and to the days when judicial hearings could be held. I focus on principle of equity, good faith, and necessity of defense, res judicata, principle of appellation, pecuniary condemnation, and principle of assessment of evidence. The last chapter reviews other principles. It is also important to mention that different types of procedural cases are specific in their own way. I focused on describing the differences as well. My thesis analyzes seven most important principles. The first and the most important one is equity. My research shows that this principle is common to all areas of roman procedural law. I tried to explain...
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Annulment of an arbitration award in the system of the Washington Convention on the Settlement of Investment Disputes
Ottingerová, Lucie ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
ANNULMENT OF AWARDS UNDER THE WASHINGTON CONVENTION ON SETTLEMENT OF INVESTMENT DISPUTES The annulment mechanism plays a significant role in the system established by the Washington Convention. As a model of review, it strives to reconcile respect for the parties' desire to achieve final and efficient resolution of their dispute with the limited possibility to quash an award which is a product of a fundamentally flawed process. The existence of this exceptional opportunity to annul an award after its issuance has been widely recognized as an important factor in the success of ICSID as a platform for settlement of investment disputes. This thesis focuses on the issue of scope of review exercised by the ad hoc committees in annulment proceedings. The very first generation of ad hoc committees, represented by the annulment decisions in Amco I and Klöckner I, cast a shadow of doubt on ICSID's ability to transform its avowed dedication to the principle of finality into practice. Both of these decisions were accused of crossing the line between limited review anticipated by the Convention and substantive review typical for appellate systems. The primary ambition of this thesis is to explore the legitimacy of these concerns with respect to the current generation of ad hoc committees. Therefore, the first...
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